Republican Tribune (Union, MO), 1931-08-25

              6 Pages be Hepublican otitis ribune Twice-A-Week Tuesday-Friday Franklin Publishing Co, Publishers. the most widely circulated newspaper in this section-established in the year 1863. The Only County Seat Newspaper. Issued Twice A Week, Tuesday and Friday. UNION, FRANKLIN COUNTY, MISSOURI, TUESDAY, AHU'ST 2.", 1931. VOL. 6fi. NO. 51. THE REAL STORY OF THE CHANGES OF THE MO, RIVER-FORMATION OF MURDOCH ISLAND Lands in St. Charles County at St. Albans, Mo. Court Proceedings in the l!rown Cases Showing the Law and Record Facts. By JUDGE JESSE H. SCHAPER Washington, Mo. To the Editor of The Republican-1 w. Johnson, through her attorney Tribune: Tills letter Is an answer to the many stories published In certain St. Louis evening papers during the current month, particularly In thePost-Dispatch in its Issues of August Sth, 6th, 14th and 19th, 1931, concerning the court proceedings resulting In the evic tion of John Brown, Sr. and the families of his sons, George, John and Frederick, from Murdoch Island lands in St. Charles County, at St. Albans. The stories thus published have Ignored the record facts In the Brown cases and the riparian law controlling such cases, resulting perhaps In misleading the readers In formng or expressing their opinions as to the merits of the cases, and this letter Is written to correct such opinions, if any. Commencing with tile year 1903 and 1909" the Missouri River by the forcible action of its flood waters changed Its course at St. Albans on the Franklin County side and formed a new course about one mile farther north on the St. Charles County side where its main channel now runs. By this change in the course of the river the Jesse H. Schaper of Washington, Missouri. Suits were entered In the Circuit Court of St. Charles County for the recovery of the possession of the lands from Browns, in which suits all of the Browns were duly served with writs of summons and both plaintiffs and defendants were represented by well-known attorneys and five separate Judgments were rendered by said court for plaintiffs In May, 1929. Afterwards In March 1930, the cen ter line of the abandoned bed of the river at St. Albans was located and established by surveys made by the County Surveyors of Franklin and Warren Counties, acting under the or ders of the County Court of Franklin County and approved by that court as the county line between the two counties named, and also confirmed by a decree and Judgment of the Circuit Court of Franklin County In an action brought by the County against Jesse H. Schaper, the former being the owner of the lands belonging to the County School Fund, situated south of Teachers and Directors Meet Here This Week The Franklin County teachers and the school directors of Franklin county will be with us this week. The teach ers will convene in the High School Auditorium on Friday morning at 9 o'clock. Superintendent of Public Schools Mr. Burke has prepared a good program for this meeting, and the pro gram should be of interest to all the teachers of the county. Much good comes of these meetings and we pub lish the program elsewhere in this paper. On Saturday, the directors ol all the districts will be here. Mrs. John Jenny Dies Mrs. John Jenny, nee Billi-r. died in Circuit Court News Louis Molhershcud vs. Ellen Mothers- Union Sunday evening. August 3, at'heud. Action In divorce and decree 5:45 p. in., at the age of 71 years, 2 m divorce for the plaintiff. moiiins ana i any. inc aoccasea is Tegeler Found of Unsound Mind F. W. Tegeler of near Gerald was tried yesterday in the Probate Court j before Judge Hoemann as to his sail' uy, ana it was louna mat saia ieg- eler is of unsound mind. The said Tegeler not having much property, and the value of which cannot be deter mined at this time, the patient Is turned over to the county court, and the court declares him a county patient, and he is ordered sent to the State Hospital at Farmington. boundary line between said counties did: said center line of the deserted river not follow the middle of the main; bed, containing 272 acres of land, while channel, but remained in the middle of; the laii.r being the then record owner the abandoned bed where it stood next i of all of the lands in St. Charles before said change. The new course in County, north of said center line, the river cut off lands of the main This is the history of the changes shore of St. Charles County belonging of the Missouri River at St. Albans and to the estates of Caroline Murdoch and of the titles of the lands and of the W. H. Matson and formed in said years I names of the owners thereof, together an Island known as the Murdoch Island with the proceedings and Judgments of 200 acres, more or less, and the! of four respectable courts of Franklin same grew larger from year to year land St. Charles conntlcs, establishing by new lands forming thereto on all ' the county boundary line and the own-sides as the newly formed main chan- j ership of the lands in question, not-nel gradually and imnercemiblv moved i withstanding the many reports oub- ... ., - , , j . . . . . . , , - - t iiuiuiiiK liic jiuiuuic luituiiimi, nit- farther north encroaching on end cat- lishcd in certain St. Louis newspapers! ikd nneasant nnd ,ne Bob White incr aiiau tim main wp nf th st (n thp rnntrarv what th , nngiiLCKea pnca.sani ana me boo wiiue Charles County side, while the title to, papers found in said history to Justify and the ownership of the original the publication of said reports, with-Murdoch Island and the new additions out publishing the foregoing record thereto remained in the two estates I facts, is past comprehension, named, together with the possession! Having heretofore shown that a por-thercof, that is to say, Mary A. Mat-1 tion of the original lands belonging to son, James L. Murdoch, and Emily J.the families of Caroline Murdoch and Howell, children, and Caroline and , Harvey Matson, well-known and re-Lconidas Almond, grandchildren ol spected cittens of St. Charles County Caroline Murdoch, the owners of part; at the times in question, and now form Rabbits May "Pinch Hit" for Ducks This Hunting Season Bunny cottontail, for years the favorite game animal of hundreds of thousands of American sportsmen, may find himself elevated to a kingship this fall and rated as a far more sporty game animal than ever before, said Dr. Preston Bradley, president of the Izaak Walton League, this week, in commenting on possible changes or a reduction in the duck hunting season because of the waterfowl shortage. Dr. Bradley, now at his fishing camp in northern Minnesota, said that in case the Bioligical Survey considers it necessary to shorten the waterfowl reason due to a serious shortage in birds resulting from two bad nesting seasons. hunting the humble cottontail, the survived by her husband, three children, other relatives and many friends. The children are Mrs. Fred Froshaug. Frank W. Jenny and Paul W. Jinny. The funeral services will be held tomorrow, Wednesday, August 26 at 2 o'clock in the Presbyterian Church in Union and interment of her remains will be made In the Union Cemetery. An obituaiy will be published later. Program TeaohrrH' Plan Meeting August 28-29; School Hoard Merlin. August 29. High School Auditorium, I'nion. Friday, August 28, 9 o'clock a. m. Opening Exercises. Devotional. Rev. F. E. J. Sch:-iik. Announcement and Remarks, County Superintendent. The Teaching Personnel, Supt. W. T. Leezy. Education for Character, Supt. Fred Jones. I Orammar for the Grades, Mr. A. F. Borberg. The New Course of Study. Mr. Rucker, State Department of Education.Discussion, Noon Intermission Reading, Esther Schulle. Demonstration, Rolla Summer School Students. The Use of Library Books, Supt. C. J. Burger. Planting of School Grounds and Its Relation to Conservation, Mr. L. P. Jen sen, Superintendent of Shaws Gardens Mae Runge vs. William Rungc. Action in divorce and decree In divorce for the plaintiff. Maud Button vs. Nelson Boston. Action in divorce and decree In divorce for the plaintiff. Edna Crismon vs. Dorsey Crlsmon. Action in divorce and decree in divorce for the plaintiff. Wm. E. Hummel vs. Emma C. Hum-mrl. Action in divorce and decree In divorce for the plaintiff. Property Improvements JRy AGENTS BATTLE n&irwu vitnw,nm,wi, .Tn nilMlff&l HTM AUiuuunmcri Aricn SEIZING ILLICIT STILL ('las I lUllromls Have Made Heavy Capital Investments in Nine-Year Period 19-22-19.10 Inclusive. Pair Open Fire Following Cap ture of Four on Farm Near Moselle. In the last nine years, the Class I railways of the country have spent $7,170,989,000 in enlarging and lmprov- , 7 . J . , ? . , A completely equipped Illicit dlstil- Ycarbook of Railroad Information Just, lfrVi lnclumnB a stll, of 400-gallon daily published by the Committee on Public capacity, which wa.s in operation, was Relations of the Eastern Railroads. seized early Saturday" morning when , , . four men were arrested on a farm near These enlargements nnd Improve- Franklin County, by ments were made by the roads to keep ,H,, ,.i,,ui,, , ,,rf. .... im, iui uiiiuuiuii lagwiia umuli wanna Hazel Faszold vs. Wm. Faszold. Action pace with the growth of the country D11,m in divorce lor the plaintiff and decree in divorce for the plaintiff with the restoration of her maiden name. Slate tf Missouri vs. Chas Richards. The defendant In this case Is charged with grand larceny and this is made metit larceny and to which he enters his plea of guilty and thereupon he is sentenced to Jail for a term of 90 days and casts. The court finished Its business for the day early Saturday and reconven ed yesterday morning at 10 o'clock. Yesterday morning at. 10 o'clock, the care of Missouri Pacific Railroad Company vs. Chas. Jones. Ill, et al. An bc- at a previous term of court and was by the Supreme Court reversed and remanded went to trial before the court a:id the following Jury: Roy Lwenz. II Titian Schonmann, John Smith. Louis Bleckmann. Edw. Lueker. O. E. Hormeyer. Frank Lohmeyer. Tom Fisher. Mont Johnson. Hy. Altemm-llrr. Jos. Skorna, John Sohn. The Jury retired to the box about 11:00 o'clock this and to Increase the eflioeney and econ omy of railway operation. nil- mm I.M "llllll HUM '' -.""' ,,,l.,l ,,, ,, h cH oftpr Four hours later the agents engaged in a running revolver battle with two total of $7,170,939,000 was spent are os; a 'barricade of heavy follows: k,...i..wv. .1 iiuoiinwu nnivii inv Manila iuu EQUIPMENT: Locomotives $ 808.4fi5.000 Freight-tram cars . 1.939.189.000 Passenger-train cars 38n.0M.0UO Other equipment 158.749.000 Total equipment . $3.29.1 454.000 ROADWAY AND STRUCTURES: Additional truck and track material ... Heavier rail . . Additional ballast Shops and engine houses . All other improvementTotal-Roadway and Structures .$1,037,615,000 . 336.811.000 . 114.383.000 . 308.210.000 . 2.030.510.000 ...$3,877,535,000 GRAND TOTAL ..-$7.170.'J"9.0OO It. should !); realized, of course, that Mothers' Clubs In Rural Schools, Mlssi morning and up to the time of grtTng' the foregoing total represents gross ex- Marguerite Turnbull. to press, have not reached a decision. Duties and Responsibilities of Teach-1 The verdict will be given in Fridays of said lands, while Sallle M. Painter Ann G. Pringle, anil Julia M. McCoy, heirs and devisees of W. H. Matson, rie- ing what is known as Murdoch Island, was not washed away by the waters of the Missouri River at St. Albans, ceased, owners of the remainder of said had not disappeared or lost its iden-lands. These owners paid all the taxes j tity. and has at all times remained on said lands all the years from lUfioi visible and in the same place, although crs. Supt. Russell Nix. Saturday, August 29, 9 o'clock a. 111. Owning Exercises. Devotional, Rev. Arnold Smith. Round Table, "School Problems," 40 minutes. History and Geography for the Grades, Mr. Robert li. Ifiil, Stale Teichers College. Attaining Professional Stains, Dr. John Rule, University of Missouri. Noon Intermission Opening Exercises. The Teacher's Responsibility in Edu cational Guidance, Supt. D. E. Matthews.New Demands on Education, Dr John Rule, University of Missouri. Recent School Legislation, Supt. Chas. A. Cole. General Discussion paper. Hunters Script Is New Paper Currency pendilures rather than net. as retire incuts of various old parts of the railway plant were made in this same period. Moonlight Funic to and including the year 1928. the main channel of the River has Beginning with the year 1914, John 1 changed from the south to the north Brown, Sr. and his family became the side of it. The newly made lands con-tenant of Murdoch heirs and entered nected therewith were formed by the into the full possession of said Mur-I action of the waters of the River, some doch Island and paid them rents fori to the westward, some to the south-the use thereof for many years, and I ward, some to the eastward, and many later refused to pay such rents and hundred acres to the northward as the disputed the title of his landlords, to River gradually moved in that direc-said lands, claiming the lands to be! tinn for a distance of one mile more or in Franklin County, although at no! less. These new lands have not washed time did he or any of his family pay; away or lost their identity, but have any taxes on said land in Franklin i remained visible and in the same loca- or St. Charles County. In 1916 Theo. Link, a St. Louis architect, obtained a land patent from St. Charles County purporting to convey tion, with new additions forming thereto from year to year, notwithstanding said change in the main channel of the River. It may not be amiss in this con- to him 266.80 acres new ly formed lands j nection to add that it is fundamental in the abandoned river bed and at-in the law of accretions that the lands tached to the Murdoch Island and sit- so formed gradually and imperceptibly, uated north of the county line, the are always bounded by a river or stream and must attach to the original quail, as well as nationwide shooting contests featuring trap, skeet and rifle shooting will provide a shooting program while the waterfowl are given a respite so that their numbers may be increased. "If the shortage of birds is acute, sportsmen will, I am confident, volunteer a self imposed reduction in waterfowl shooting, so that at the earliest possible time we may have plenty ol birds and full open seasons," he said. "Already the League is looking to next year to help increase the stock nf titvf'turl with a nrrwra ni ti- calls for chapters and sportsmen to OI,tl" 0,1 Saturday. Sept lltilizp evoF Evllhln nnnri small lake 0n U, clmITtl P"'"ic i slough or marsh for growing wild mal lards. Thousands of ducks and pheasants were grown by Walton members and released this summer. Next year the 'grow-more-waterfowl program' will be enlarged." Stating that the League firmly believed in the typically American sport of hunting and was working to increase the number of all game birds, Dr. Bradley pointed out that possibly shooting for the sport of shooting may have to supplant some actual wild fowl hunting which sportsmen ordinarily do in a good year, and to that end chap- ! ters of the League will promote skeet and target shooting contests. A nrw kind of "paper money' appeared in Nebraska. Authorized by the 1-Ki.slaiiire. this is known as "liunt-rs' script" and is the only legal cur-renev with which hunters mav nay farmers for the privilege of shooting AH are Invited. en their land. I lie script, vaiuea bi a tents a coupon, may be cashed by banks or stores like currency, but is issued and redeemed by the Nebraska Game Commission.The script plan applies to upland game bird hunting and is said by a bulletin ol the American Game Association to be the first experiment of its kind for bringing the landowner into game raising in a business-like way. The Nebraska commission is also tnc The Nnb:'l l i-nell Post, American Legion. Gerald, Mo., v. ill !;ive a Moon- has1 light Picnic on Saturday, August 29. 131. Large dance floor, good music,rc-trc.'-hnients ami plenty of sandwiches. This is our last picnic of the season. Itet urn from Trip to Denver Outinjj September 3 The St. Jorclaiis Evangelical Church of Jeffriesburg will have its annual 1 first to attempt a cooperative system of Denver. No pavement on North 40 ed for the purpose of blocking the road while the raid was In progress. No casualties resulted from the exchange of shots. Descriptions of the two gunmen tally with two well-known St. Louis liquor runners, known to the agents, Dillon said. Acting on the complaint of Herman II. Helling of St. Clair, Mo., owner of the farm on which the still was located, and Charles IL Pitkin, proprietor of a mercantile establishment at Moselle, the agents visited the farm shortly after 5 a. m. Four men found on the premises were taken In custody. They arc Carl Agnello, Andrew F. Kopf and the latter's two sons, George and Lawrence Kopf. Kopf and his son occupied the two-room cottage In which the still and various other liquor-making paraphernalia were seized. The still, which the agents dismantled, was a modern Installation and equipped wi;h two new-type pumps. Dillon said. V.its containing 35.000 gallons of liquor nr.ish, 250 gallons of newly distilled alcohol. 2500 pounds of sugar and a steam boiler, also were seized. "While we were talkin ; to Mr. Helling, about four hours lifter the raid," Dillon said, "a small automobile, occupied by two men I thought I recognized, drove up. Apparently recognizing us, the men drew revolvers, opened fire and sped away. They dice their machine through a barricade of logs ! and brush thrown across the n vA to prevent communication with the main highway until our work had been completed."Crashing through the barricade puncturud the tubing in the radiator of the machine and lore open one of the tires. "We returned the fire, but apparently none of the shots took effect. A We left Union August 3 at 3 o'clock a. m. and arrived in Dtnvci Aiku.sc 4 at 11 o'clock a. m. Wc had no trouble excepting nails picked up with the tires which we did not want. We took the mote through Itoll:i. Jefferson l.'ilv and cross, (I the Missouri River to Highway j truck driver later Informed us the men No. 40. At Manhattan. Kansas, we took North 40 Highway, which took us to center line of the old bed and claimed by said county for the county school fund. Brown fought against Link's title and claimed as tenant under Murdoch heirs and succeeded in his fight or shore land and the title thereto and the ownership thereof vests in the original land or shore owner. The reason of the law Is that every such against Link. Later in 1922 or 1923; owner of land is subject, by reason of the Murdoch heirs served legal notice on Brown to vacate the Island, and thereafter in 1928 and 1929. all of the heirs of Caroline Murdoch, W. H. Mat- son and Theo. Link, by numerous deeds conveyed all of said lands to Mrs. Irene His 57th Birthday Open Air Dance the gradual changing 61 the river or stream, to lose a portion of his land. or have the same increased in quantity by the accumulation thereto, and inasmuch as he is wholly without remedy if a loss occurs by the river eating away his banks, he is entitled to whatever increase also that is caused by the gradual accretions formed to his original shore lands. In such cases the county in which such newly formed lands are situated does not become the owner of such lands for school purposes or otherwise, but it is true that all lands formed by the recession and abandonment of their waters of the old beds of lakes and rivers in this State, or by the formation of islands, in the navigable waters of the State, ceiong to ana are vesiea in me counties in which the same are situated for school purposes. This law of the State was first enacted in 1895 and it also provided that no statute of limitations should begin to run against the counties in which any such lands are situated to prevent them from recovering or acquiring such lands, for twenty years after the passage of said law, but after that date, such counties, as to such lands, shall be subject to the same limitation laws as private individuals, that is. where the land owner may lose the title to his land by open, hostile, continuous and adverse possession by another under color of title, such as a deed good or bad, or claim There will be an open air dance on the Moonlight floor at Geo. Wil-mesherr's farm, one mile west of Jeffriesburg, and one-fourth mile south of highway 50, on Saturday, August 29. Everybody welcome. 1 Kreidcr.t Hoover yielded to the j cameraman and stood for th. M:n- graph the day before he rrV.t r.:! I ,hj tirtbday on August 1U. (Continued on page six.) i Will Organize Community Club A meeting will be held next Tuesday evening, September 1, in the City Hall, for the purpose of organizing a Commuuity Club for this city. All who are interested please come to the City Hall next Tuesday evening, at 7:30 for this meeting and help or ganize this club. KFUO Program, Sun., Aug. 30-Sat., Sept 5 Sunday, August 30, KFUO, St. Louis. 8:30 a. m. Pilgrim Lutheran Church Service. 10:00 a. m. Bible Study. Pilgrim Lutheran Church. 10:45 a. m. Pilgrim Lutheran Church Service. 12:00 m. Organ Recital. 3:00 p. m. German Gospel Hour. 3:30 p. m. Shut-In Hour. 9:15 p. m. Devotional Hour. Monday, August 31, KFUO, St. Louis. 6:45 a. m. Morning Family Worship.9:30 p. m. Young People's Hour. Tuesday, Sept. 1, KFUO, St. Louis. 6:45 a. m. Morning Family Worship.5:30 p. m. Musical Program, News. Wednesday, Sept. 2, KFUO, St. Louis. 6:45 a. m Morning Family Worship. 9:30 p. m. Mid-week Devotional Hour. 10:00 p. m.-Radio Calendar. Thursday, Sept. 3, KFUO. St. Louis. 6:45 a. m. Morning Family Worship. 7:30 p. m. Series of Religious Essays.Friday, Sept. 4, KFUO, St. Louis. 6:45 a. m. Morning Family Worship. 9:30 p. m. Bible Study. 10:00 p. m. Questions and Answers; Lutheran Church Directory. Saturday, Sept. 5, KFUO. St. Louis. 6:45 a. m. Morr'ng Family Worship. ember 5, 1931, i name fish raising. grounds. All The commission sells the hunters kinds of refreshments, daneinir and .scrint to snortsmen at face value. A good music. sportsman may go to any farm listed bv the commission as living up to ac- cenlable game standards. The farmer holds the script during the hunt and keeps one coupon for each bird taken. Each hunter can procure only a certain number of coupons and must sign If he fails to get his allot- Count y Court in One Day Session The County Court was In session yesterday with all members of the court present. Much business was transacted hv flip rnnrt utiH thp full fnirt nrn. I each Olie, ccedincs will be given in Friday's I ted number of birds he may redeem paper. The court adjourned late yes-1 the coupons at face value. tprH.iv in Mmiltn- Kpntin,)wf 7 Annual ricnic The St. Johns Catholic Church ol Gildehaus will give its annual picnic on Monday, September 7, Labor Day. Chicken supper, refreshments, music, and other forms of entertainment. Come and meet your friends. Health Depends on Good Milk Another Dance at Motor Inn There will be a dance on the outside dancing pavilion at Motor Inn, l'i miles east of Gray Summit, on Wednesday, September 2 .beginning at 8:30 p. m. Music by the SunnysideSerenades. New York City and the territory surrounding it have what is conceded to be one of the finest milk supplies in the world. This is the result, according to Vera McCrca of the Dairymen's League Cooperative Association, of two factors: The stringent laws and system of control created by the state and city health departments, and the fact that a very strong cooperative organization exists among milk producers. For many years this Association has given every effort to educating its members in the production of high quality milk, handled In the most sanitary manner. Milk is a vital food for children, affording elements necessary to the health and development of the growing body. In New York, and other areas where similar conditions obtain, it comes to the family fresh, wholesome and safe. Thereafter, as Miss Mc-Crea points out, it is up to the purchaser to keep it safe. It should be placed in the coolest part of the ice box as soon after delivery as possible and should always be kept covered. The neck and cap of the bottle .should be washed in running water before the milk Is poured. Strong health laws and progressive, scientific cooperatives among dairymen should be in existence in every state. They are the guarantee that the milk we drink is not only safe and pure but of a high standard of quality. Highway, but all good gravel road. The crops were good, where theoiri-lash-ioned fighting pep, work, was applied. For six days we were out sight seeing in Denver nnd the mountains. It is worthwhile making the trip, especially if you have a Chevrolet cur us we had. Our expenses per person were $5.20. which included gas and oil and lots ol cats. Our party consisted of Mr. and Mrs. G. J. Hum- and Son, Henry, and Mrs. Fred Crider and daughter, Miss Ruth. We lound our daughter and son-in-law. Claud Shockiey nnd grandchildren, in as guud health as could be expected. Left Denver the following Monday at 8 o'clock a. m. and arrived in Union Tuesday at 7 o'clock p. m. The total mileage of travel was 2320 miles, with a rtal pleasure trip riding in a 1931Chevrolet. completed their escape by commandeering his machine for a distance of several miles." Dillon did not disclose the manner in which Helling nnd Pitkin discovered that a liquor still had been Installed on the farm, which is situated in a more or less i ;olated community, not far from St. Clair, Mo. The prisoners were taken to the Jail at Union, pending application for warrants. Globe-Democrat, August 23. i By the Editor: Sheriff Gehlert Informs us that these persons captured were not brought to Union but were taken to Jail in St. Louis. This, nn doubt, was an oversight on the part of the Editor for the Globe-Democrat.) Dance at Leslie Hall, Saturday There will be a dance at the Leslie Hall on Saturday, August 29. Good dance floor. Music by Union Harmony Makers. Mt. Hope Defeats Indian Prairie The Mt. Hope and Co. baseball team defeated the Indian Prairie team by a score of 13 to 10 last Sunday. The Mt. Hope team had players from Moselle, Lonedell and St. Clair to help them win the game. Score by innings: 123456789 T. Mt. Hope 020006140 13! Indian Prairie 700100002 10 Big: Dance and "Pig Rush" at Park The Union Baseoall Team will give a big dance and "Pig Rush" in thej City Park. Union, on Sunday, August 1 30. The pig rush will be held at ll1 o'clock p. m. Tne music by the Mid- night Melody Makers. Come and help I the baseball team. ' Cleaning Off Tlwsc Weeds By Albert T. Reid i ' it ypwmtwr ArutlK. '