The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-09-08
THE COUNTY C0MMISS ION FRS AND
tbs STRAIGHT bISE RAILROAD.
Tic Board Refuse 90 order election.


pose of taking a vote on the petition
asking an election to make a dona-
ton of 81 4O.O 600 to the Evansville and
indianapolis Straight Line Railroad
the question was finally settled yes
terday. For the benefit CT those who
do not fully understand the question
we viii make short statement OF the
whole matter.
Some time since q petition was pre-
80 nted to the Commissioners, signed
BY several hundred tax payers, asking
the Board TO order an election for
Pigeon Township to make a donation
to the Straight Limo Railroad One
or two Of the Commissioners, not feel
ing sure that the law gave the right
to order an election in the Township,
after the County had just voted an
appropriation, asked Judge Igleheart
and Col. DENLY to give their legal
opinion Of the law regulating railroad
appropriations These gentlemen gave
an opinion that the Commissioners
had no right to order an election until
two years had elapsed from the voting
Of the other donation. Messrs. Shack
elford & Patrett, Judge Jones and Maj.
Hynes, attorneys for the Straight
Line Immediately fled a counter
opinion, and the opinions Of both
parties were published in the jour
NAL. AT the roqaest Of Judge Par
rett, the timo of voting on the peti
tion was postponed in order TO give
the Straight Line attorneys an oppOr-
tunity to get other opinions, and when
the Board met on Monday last, an
elaborate opinion was presented from
Judge Perkins, in which he took the
ground that the Commissioners could
order the election After hearing
this opinion, Mr.. Decker moved to
send for Messrs. Iglehart and Denly,
to ascertain if they had changed their
first opinion, and as Col. DENLY was
busy on Monday attending TO a case
in the Criminal Court. the Commits
sioners adjourned over until yesterday
morning, in order to hear from them.
Messrs. Iglehart and Derby appeared
before the Board yesterday morning,
! In response to the question as to
4 whether he had changed his views,
Judge Tglehart replied that he had
not altered his opinion. He said he
wassnot before the Board to discuss
the question with Judge Parrett 'or
other lawyers. because he was not in
terested. He had given his opinion
as a lawyer, and had stated his honest
convictions in regard to the law. he
had read Judge Perkins's opinion,
butt throw no new light on the sub
ject. His mind was not changed after
reading the opinion; on the contrary,
his former views had been strength
4 ened. He had been assaulted in his
absence, and wrongfuIly, as he had
| no interest in The matter, save as a
taxpayer. soaf
| Colonel DENLY said he had been
/ abused in the papers and on the
Streets for the opinion he had given.
= He had given an opinion Of the law,
simply as a lawyer, without any
prejudice. He was in favor of the
Straight Line Railroad, and would
vote for it at any time; but, in his
opinion, the Commissioners had 30
right to order the election He said
those in favor of the Straight Lime
Road had acted on this view Of the
| law, and had opposed the donation to
the Evansville, Carmi & Paducah
Railroad, on the ground that it would
dsbar the Straight lime from obtain
ing any aid from the county or town
ship until the lapse Of two years
That was the view Of the question
that he took previous to that election
and he had not changed his mind
since. lie advised the Commission
ers to let the courts settle the matter
at the beginning, so that the county
would not have costly litigation with
every tax payer who would refuse to
acknowledge the legality of the levy
if made.
1 Commissioner Bowers was in favor
of ordering the election, and said the
heaviest taxpayers had petitioned
for the road, and the Commissions. $
we're the servants of the people
Mr.. Decker replied that he was in
favor of the road also. but that the
same tax payers who had presented
the petition would certainly expect
the Commissioners to follow the law
and would hold them responsible fol
any illegal acts.
Mr. Barker was of the same opinion
as Mr.. Decker.
Mr. Bowers finally moved 10 order
the election, and on the vote being
taken it was voted down, Mr.. Decker
. and Mr.. Barker voting against it, and
Mr.. Bowers in favor.
, This ended the matter. and the case
! is disposed Of until the attorneys fol
! the Straight Line see proper to carry
the question 10 the courts for settle
ment.
i Mr.. Decker and Mr.. Barker acted
on the principle that in case OIL
doubt. it was best to take the SAFE
:. side.
-e CRIMINAL CoURT.-Tho jury ia thu
d case of Turner and Williams. the tw,
-e negroes charged with robbery, afte
y being out about twenty hours, faile,
to agree on a verdict, and we're dis
n charged.