Year: 1879

long AGO that il was amazing TO him tnat
emigration went through or beyond Missonri
to Kansas, or Nebraska, or still further
West, and left still unoccupied magnificent
lands in that State which seek purchasers III
vain. To Others who have watched the
political course of the State the change Is
not amazing. The new legislation proposed
reveala, more clearly than any acts which have
preceded it, the spirit which now prevails IN
the Government of Missouri. Ii is calculated
to bring the State authority into direct COLL
sion with the authority Of the United States.


A bill has been passed by both houses OF
the Legislature which is in substance as follows:
That hereafter no County Court in the State
shall levy a tax for any other purpose than to
nav current expenses. the State revenue. State
bonds and interest on the same, and school ex-
penditgres. without an order from the Circuit
Court, and that this order can be made by the
Circuit Court only when it is satisfied that the
levy is necessary and that it does not conflict
with the laws and Constitution of Missouri.


On tho face of this bill there is no intent
to set aside laws of the United States. 1t APP
pears to be q general statute applicable to all
counties alike. But its purpOrt is well under
stood. 1t is designed to enable certain coun-
ties to repudiate their debts, and under cover
of a State law to obtain immunity from any
proceedings in Federal Courts. The opera
ton will be as follows: Creditors will sue in
United States Courts and obtain judgment.
The county officials will then refuse to levy a
tax for the collection of money to satisfy the
Judgment, and the State Circuit Court, under
the act now pending, will refuse to order the
levy of any tax, on the ground that 1t Is not
necessary. The question will thus be raised
whether the United States Courts have any
power to enforce their mandates upon Off
cials who are required by State
law not to obey those mandates. In due time
this question will come before the United
States courts for action, and 1T Will probably
be found that notification in Missouri in 1879
Is not more easy than notification was in South
Carolina in the time Of Jackson, or in 1861.
The power to enforce DEGREES of United States
courts unquestiOnably lists, and judges Will
be found who have the courage to exercise 1t.


However ineffective the proposed legislation
NAV be- it clearly manifests the spirit which
has prevailed in Missouri for some years past.
He who spoke of Missouri as " the robber
Estate was thought by many of its citizens
to have spoken harshly. Legislation like that
contemplated would render the desgna-
ton peculiarly appropriate. The acton OF
many counties in Missouri has already
been of character fit only for highwaymen.
For several years many of the most impor-
tant eases to test the power of county Off
Gals and of citizens of a county to repudlate
Indebtedness have come from that State.


Probably rhe fever for speculative railroad
building did not run higher in Missouri than
in other States. Certainly there are many
counties in Iowa, Illinois and other Western
States which are more heavily burdened, in
proportion to population and natural resources,
through their efforts to aid lines of internal


Improvement, than are counties in Missouri
which have been conspicuous In resisting their
creditors. The spirit shown in large proper
ton of the counties which have considerable
indebtedness has been that of open and
naked Reputation. Recent decisions OF the
Supreme Court have rendered it impossible for
the counties to succeed in evading payment
of their debts under existing statutes and
they fancy that new State enactment Will
give the power desired. What they are trying
To do is to nullify the Constitution and Laws
of the United States, and in process of time
they will probably discover that it is not an
easy matter.