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The Missouri herald. (Hayti, Mo.) 1922-1990, May 12, 1922, Image 1

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MOTTO Tie Missouri Her
ald believing those at the
TOP well able to take care
of themselves, has taken its
stand in the barricades of
the COMMON PEOPLE, and
its fight will be made for
the BETTERMENT of those
at the BOTTOM.
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erald
WANTED Correspondents.
It shall be the purpose of
The Missouri Herald to print
the news from all parts ef
the county, and correspon
dents arc wanted from every
neighborhood. Good writ
ers are furnished material,
postage and copy of paper.
VOL. 14
HAYTI, MISSOURI, FRIDAY, MAY 12, 1922
No. 27
LostNot Yet. Court House Bonding Contest Case Appealed
As announced in these columns last week, the court house con
test has been appealed. It has been announced "lost" many times, but
always has the habit of finding itself. It has as many lives as the pro
verbial cat. They may sandbag it, kick it overboard, but it lias so far sur
vived and finds the way back home. It is good for another sandbagging
or two, yet, no matter how badly "lost" it is.
As but few know, for hitherto lack of publicity, the case haB lain in
a pigeonhole of the District Federal Court at St. Louis for more than a
year. Upon a motion by the defense, the people of Caruthersville, to dis
miss, the cause was argued in that court Tuesday, May 2, before Judge
Dyer, 86, a retired judge. R. L. Ward and C. G. Shepard were there and
represented the defense, the people of Caruthersville, and Abbott, Fauntle
roy, Cullen and Edwards of St. Louis, represented the plaintiffs, the 'tax
payers of Pemiscot county. Judge Dyer found no difficulty in deciding
favorable to the defendants, the people of Caruthersville. First, he held
that each individual tax-payer must pay at least $3000.00 before he can
sue in Federal" Court. Second, he held that the Federal Court will hold
with the Supreme Court of Missouri and, therefore, would not hear testi
mony to determine the validity of the election.
From this decision the plaintiffs, the tax-payers of the county, or
rather, a non-resident tax-payer of the county, Mrs. Harriet C. Brittin,
who instituted the suit, appealed to the Federal Court of Appeals. This
court meets in Denver in September and in St. Louis in January. If the
plaintiffs suffer another defeat in that court they will continue to appeal
to a higher court. So the case lias not yet been "lost," nor is the end in
sight.
Yesterday, Thursday, at Caruthersville, the County court made an
order to sell the bonds, which order will be automatically annulled by
the appeal.
County courts of Pemiscot county from the first have always been in
a hurry to protect the interest of Caruthersville. In the first place, it
was an order of the County Court, upon the advica of the Prosecuting At
torney, that has caused all the trouble, which put a face of validity upon
that monstrous fraud. In the face of the wholesale fraud that was in
evidence at that time, the County Court of that day and date made this
order: "The election did well and truly carry by two-thirds majority of
said county at said election." Upon that order, made at the advice of the
Prosecuting Attorney and his allies, has hinged the whole trouble. Any
County Court with backbone as stiff as an angleworm would never have
done such a thing. But it was done to benefit the defendants and it has
benefitted thein so far. That is, it has benefitted them in certain ways.
There may be a return of the tide.
Under the caption: "Celebrated
Court Hoiieu Case Lost By Contest
ing Parties," the Democrat-Argus in
its issue of May 5, says: ,
On Wednesday of this weak .ludge
Pat Dyer, biltliiK.ua judge of tho Kcil
enil Court for the Eastern District or
Missouri at St. Louis, refused to make
pciiuancul the temporary writ of in
junction issued liy the Court about a
ear nco, lcstr.tlniiig tlie County Court
of Pemiscot county from issuing and
belling tlie $130,000 bonds to build a
now couit house authorized by an
election held in 1920, which election
was contested by a body of citizens
of tlio county on the grounds that the
election was Illegally conducted and
the results of the election obtained by
the voting o the names of Imaginary
persons and inanimate objects at the
two polling places in Caruthersville.
Kach side of the controversy was re
presented by ablo council, sums or
money to pay lawyer fees and other
expenses for the respective sides boing
donated by parties interested, and the
case was thicshed out in the Supreme
Court of this state, the contestants
losing. Nothing daunted by this de
feat the contestants brought another
suit for the samo purpose, in the Fed
eral Court at St. Louis, in which Har
riet C. Biittln, ii resident citizen of Il
linois and taxpayer of Pemiscot coun
ty, appeared as plaintiff. This suit was
filed more than a year ago, but for
somo reason novor came to a hearing
until Wednesday, with tho result as
abo.vo stated. Whether this decision
bottles tho litigation In tho matter or
not we a:o not advised. It may be
posslblo to got appeal to somo higher
court, for aught wo know, and If so
further delay In tho building may oc
cur. It seems likely tho County Court
will proceed at an early date to sell
tho bonds and tako other stops to
erect tho now couit houso unless re
strained by an early Court ordor.
If the Democrat-Argus does not
wish to purposely misinform its
readers it should not toll them tho
court house contest case was
"threshed out" in the Supremo Court
of this state. That is not true. It
has not been "threshed out" in any
court. It was kicked out. There
was no "threshing" ubout it. The
Supremo Court simply "decided"
that u "speclul" election could not
bo contested in tho Stuto of Missouri.
And that election was a "special"
election. Very "special." That law
was doubtless fully understood by
certain individuals of Caruthersville
boforo they stuffed tho ballot box,
Had such men not bad advance
knowledge of what the "law (7)"
would be they would never have
dared commit such notoriously un
lawful acts with ho little unconcern.
Of course they were advised. But
the law is taking a little different
turn to what they expected. It is
about to get beyond their "reach."
The plaintiffs are a little moro nu
merous and persistent than they ex
pected. The water is getting deeper.
It is true, as the Democrat-Argus
states, that "large sums have been
made up by each side to pay lawyers'
fees and other expenses." Ono side
is tho people of Caruthersville. The
other side is the people of tho coun
ty, aided by certain non-resident
tax-payers. The people of the coun
ty are spending their money trying
to get the case "threshed out." The
people of Caruthersville arc spend
ing their's trying to prevent the
"threshing." So far they have suc
ceeded. And it would bo very inter
esting to see published tho names o!
the donors the people of Caruth
ersville and the people of the county.
Certain citizens of Caruthersville do
not want the deck of cards that
voted, as did gravestones, payrolls,
and all the names of celebrities that
went into the ballot box "lurched
out." After tho "threshing" there
would bo but little wheat and much
straw.
Tho Democrat-Argus being In n
position to be well on tho "inside,"
states, as quoted above, that "unless
restrained by a court order tho
County Court will likely go ahead,
order the bonds sold and tho now
court houso built." A knowing pre
diction, for the County Court did
that very thing Thursday ordered
tho bonds sold.
At the samo time, tho questio
camo up as to tho whereabouts .
of tho bonds. None know. Tho
bonds uro signed and negotiable. If
they full into tho hands of an "in
nocent ""purchaser" tho county will
have to pay, but should not com
plain, as the people should be get
ting used to such transactions by
this, time. Probably -nothing of
tho kind will happen. At least, we
hope not. But the point is, there
was, up until Thursday, for how
Long we are not informed, $150,000
worth of Pemiscot county's negotia-'
bio paper being hacked around by
Tom, Dick and Harry, whom wo pre
sumo aro under no bond for the safe
keeping of our littlo pocket change
that was voted on us by tho Jack of
Spades and a lot of gentlemen of the
same chnraetcr, that pay not a cent
of our taxutlon. Tho money, rather
tho bonds, may turn up safe, but
why bother about finance procured
in such n manner? So far, it seems
to have been anybody's that could
got his paws on it, only it hadn't
been located Thursday when the
search was instituted. But thaf
all right. It's nil in tho samo Uric.
This is not tho first time a Pem
iscot County Court has ordered' the
court house bonds sold and the cotfr(
houso built. First and last the
county courts have spent many dol
lars of tho people's money ordering
bonds printed, court houso plans
drawn, together with traveling,
viewing, surveying, etc., all of which
will be lost if tho case is evor
"threshed out" in a higher court, Ic
which it has been appealed. It it
unquestioned that Caruthersville
has had great friends in the county
courts, as well as other courts, bill
so far the court house hasn't boon
built yet. It never will be If the
plaintiffs can get the case in the
proper sort of threshing machine,
which they have appealed to.
The case has been appealed froig
Judge Dyer's decision to the Fedenll
Court of Appeals. That court nieelr
In Deliver in Sontembcr. Tho hea'-
. n t
ing cannot Do ueiorc men. rue san r
court will meet in St. Louis in Janu
ary. The defendants can have theii
choice. So the "threshing" is a ini
tio ways oft yet. i
In the meantime the plaintiffs, tlie
cople of the county and the non-r?s
people of the county and the non
residents, who have contributed their
money to pay for the "threshing,'
may be assured that if the case, oi
rather the motion, is decided ad
versely by the Court of Appeals, the
cause will bo appealed to the United
States Supreme Court, before hope
(for a "threshing" will be abandoned.
Tho Frisco railroad had to go" to- tkvtt
court before It bad any success In
defending its interests againcst Ca
ruthersville, and tho hopes of the
people of the county for justice, for
the protection of their ballot, their
right to vote and to have their votes
counted, will not die short of the
door of that tribunal of last resort.
So the snows of another winter may
fall and the flowers of another
springtime may come before tho vot
ing deck of cards forces the poopls
of tax-ridden Pemiscot county to
build them a now court house, and
as this time rolls away there is a
just God in tho Heavens above who
perhaps is looking down with aveng
ing impatience.
August Strciff, while cranking a
Ford car a fow days ago, had the
misfortune to bo kicked by the
thing, breaking his arm near the
wrist. August says anybody who
will attempt' to crank a Ford is a
crank.
A Slfi.00. 42-pieco
with 10 Silver Moon coffeo coupons
and ?G.98. Sco it at Buckleys
ARKANSAS GE0CERY CO. .
TO GIVE BAN0.UET HERE.
It. M. Sain, manager for tho Ar
kansas Grocery Company in this
city, requests Tho Missouri Herald
to announce that Will Pylcs, presi
dent and general manager of the
company, will give a banquet to the
members of tho Commercial Club
and business men of Hayti ut the
Odd Follows Hall here next Monday
night. There will also bo branch
house representatives from other
towns.
A real banquet will bo provided
tho purposo being to servo a repast
prepared exclusively from the good?
sold by the company, with the ex
ception of meats, which will be pur
chased in Hayti. Factory agents
representing tho manufacturers ol
the goods, will also bo present and
will have something to say that will
be of benefit to the local dealers.
All tho business men are invited
and are expected to attend, as it if
the purpose of the promoter to make
this a get-together meeting, and
matters of vital and mutual interest
will be discussed.
The Missouri Herald would like
toj give this worthy affair more ex
tended mention, but this being r
"short" issue of our paper, lack ol
space prevents.
A strand of those beautiful
pearl beads would make her happy
for a graduation present; we have a
big assortment, at special low prices
just now. Turnbaugh's Jewelry
Store, Caruthersville.
Esquire S. W. Law of Point Pleas
ant has been in the city visiting
lib daughter and son-in-law, Mr
and Mrs. W. P. Meatte, this week
For several weeks 'Squire Law's
farm has been under water, the same
being on the river side of the levee.
Potato Slips for Sale Nancy
Halls and Porto Rico Yams; ready
May 1. It. S. Hart, Hayti, Mo. 25-2 7
Mrs. Dollie Dorris will return
,from St. Louis in a few days, we un
derstand, much improved in health.
Mrs. Dorris has been taking treat
ment there several weeks.
For graduation presents, make
your selections from the large stock
at Turnbaugh's Jewelry Store, Caruthersville.
Wilson Mooro and family of Route
1,' Caruthersville was hero Saturday
visiting relatives.
Lace fronts for ladiee' suits at
Kohn's.
t T nnnnfn it iinmllll i f lttintlinCia
I iV. U IIU I WO ULlUllllUM IU UUDItlwoo
dinner sot in n;irnthorsvilIn Mondav morning.
Boys' skull caps at Kohn's.
Mass Meeting
of the
FARMERS
With the Chamber of Commerce
on
Saturday, May 20th, 2 p. m.
at
High School Auditorium
for the purpose of discussing the construction of a
Cotton Warehouse in Hayti.
ACROSS THE YEARS.
To you, girls, who arc rounding out your school days, after what has
scorned a long, weary period, there will como another time, ton or twenty
years hence, when the knowlcdgo you have gained in tho morning of your
life, which may servo you well or ill, as you step upward or downward, as
runs tho road you choose to tako, and then, somewhero along tho way, you1
will pause and look backward across the years to you, as a forethought
of what will be your retrospection, tho following lines aro dedicated:
Acioss tho years I hear your Jaughtor sweet,
I sco your fact's through a. mist of tears. '
Oh. comrades of tlio happy schoolgirl yearn!
1 hear the echo of your tripping feet.
As on the terrace there wo used to meet
In the soft of dusk. In happy laughing pairs.
And walked and talked and dreamed and knew no cares
upon the terrace thoro above the street.
Ah, yes! wo wandered there and laughed and dreamed
A radiant wonder then the future seemed!
c planned what wo would do when school was done,
And turned to life as flowers to the sun
How slow time seemed to our impatient feet
That trod the terrace above the street!
Oh, comrades, in tho dU3k of memory,
Where are you now? Has life been good to you
Or death? Have all your girlish dreams come truo?
ph. say young faces that como back to me,
what lines are written there, if 1 could sco?
And is tho laughter hushed that once I knew?
Ah, do you see it now, in memory
Tho terrace where we walked so happily?
APOLOGETIC.
We dislike to apologize for our de
linquencies, but nearly everything
having conspired that could hap
pen to a printing ofilde to hinder
from publishing a paper this week,
we are forced to make some sort of
explanation. First, and mainly, the
electric light plant that furnishes
power for the operating of our ma
chinery was out of commission for
several days, and right at the time
we should have been doing the com
position for tho paper; and, second
wo had an important and urgent
assignment of job printing that had
to be delivered today, Friday, the
same being "The Cotton Blossom,"
the annual for the CarutherKvlllo
, ' 4
High School. so Ave had to neglect
one or the other, the paper or the
school publication, and as we can
make up for our shortage of the pa
per and could not for the school an
nual, there was no other way out
but for the paper to bo sidetracked
Enough copy to fill a paper larger
than this, after being prepared, has
gone into tho wastcbaskct, and in
order to make room for what matter
we do publish we have had to change
the size of our type and omit our
regular make-up of pages. Next
week we hope to resume our regular
order, and trust our readers will in
dulge our shortcomings under the
circumstances, which no one regrets
moro than we.
ASSISTANT ATTORNEY GENERAI
For the first time in its history
Pemiscot county has a resident At
torney General, B. A. McKay of
Caruthersville having, this week, re
ceived from Attorney General Bar
rett, Jefferson City, a commission as
deputy to that official, with all the
powers to act that that high office
carries with its obligations. Mr
McKay is well qualified for tho po
sition, both by legal knowlcdgo and
long experience, and above all by de
termination to stand up in tho face
of all sorts of opposition. Go to it
"Addle," but you've a job on your
hands, old boy, tho liko of which you
never had before if if you break
through the hedge fence and reach
tho hedgehog in his lair.
HON. JOHN T. WHITE.
Tho Hon. John T. White of Jef
ferson City, Democratic candidate
for Judge of tho Missouri Supreme
Court, Division No. 2, paid Tho Mis
souri Herald a vory pleasant cull
Wednesday morning. From our short
tulk with tho gentleman wo judge
him to bo a man of ability and one
who will conscientiously strive to
servo tho best interest of tho people,
so far as the correct application of
tho law may concern. We would
liko to say moro regarding Mr,
' Whito's candidacy, but for lack of
spaco sbull havo to defer doing so
until a later dato.
Attornoy C. B. Bragg of Caruth
ersville, candidate for Circuit Judgo
was reported to havo been soon in
this community Monday. It Is pre
sumed he had ''logal business,"
HAYTI HIGH
SCHOOL NEWS
"It pays around here to bo on
time and do tho right thing."
The Baccalaureate address will be
delivered to tho Class of 22 in the
High School auditorium at eleven
o'clock, Sunday morning, May the
fourteenth, by tho Rev. J. Murray
Taylor, pastor of the Christian
church of Memphis, Tenn.
All candidates for graduation will
assemble in the High School at
10:45 and march in a body to the
auditorium and occupy the front
scats.
This will bo tho first of tho com
mencement week exorcises at thq
High "School?-' ' -"- - :
Tho second annual alumni ban
quet of the High School will be
given in the Masonic Hall at eight
o'clock Wednesday evening, May
the seventeenth.
Rev. Peal, minister of tho M. E.
church of Caruthersville, Mo will
deliver the commencement address
to the Eighth Grade graduates at
eight o'clock Thursday evening, May
the eighteenth. The Eighth Grade
pupils are: Ireno Wilks, Celesta
Sturm, Dora Cathcy, Lucille Jackson
Jasmyn Sanders, Pauline O'Connor,
Mary Alice Shepard, Jennie Dell
Hudgings; Champ Gettings, Lofton
Croom, Joe Prince, Pascal Gardner,
Mack Morgan, Charles Amos Mor
gan, Joo Morgan, Amos Dowd and
J. W. Thompson. Mary Alice Shep
ard has been chosen salutatorian,
and Jasmyn Sanders, valedictorian.
Tho graduation address will be de
livered in tho High School audito
rium at eight o'clock Friday even
ing, May the nineteenth, by Dr. Jo
seph A. Serena, president of tho
Southeast Missouri Teachers' Col
lege of Cape Girardeau.
Tho following pupils aro membors
of the Class of '22: Allle and Pearl
Cameron, Carmol Popham, Gladys
Chism, Fario Gettings, Graco Rowo,
Oda Fullwood and Helen Guffffy
Dorris.
Tho examinations for tho fourth
quarter will begin Wednesday noon
of tho last week.
"Tho Dear Boy Graduates" was
presented by tho Eighth Grado Fri
day evening, May fifth, at tho High
School auditorium. This is 'ono of
tho best plays presented horo by a
grudo class. Tho play was exception
ally well rendered by tho grado pu
pils and thoy aro to bo congratulated
upon their .work. Thoy showed good
training in expression. Tho attend
ance was ono of tho largest of the
year. Wednesday night tho play
was presented at Braggadocio, where
tho attendance was also largo. The
High School wilf be glad to havo this
class with them next year.
t
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4
ii,-s.
' For tho boys' graduation pres
ents: Watches, chains, cuff links,
tio pins, collar pins, waldemar
knives andcombs, belts and buckles,
omblem charms and pins, and other
,. L, .. v i .,. x J
suiiaoio luniKH, on huiu ut uuru
baugh's Jewelry Store.Caruthersvillo
i
All garden and field stuff that was
planted early is looking fine, some
corn in tho gardena of Hayti being
nlinvn Irnnn titph fi
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