, 1875-07-08
Judge Gary Decides TINT II Must Pay for
ropcrty Condemned.
Another Suit Brought Against tho
"0ourier Company.
Convicted Of Arson~--A Bunkoist Jumps
His Bali.
for Divorccs--.JudH-
ments and New Suits.
NORTH STATE STREET,

NORTH STATE STREET.
An EFFORT 70 ENroNcE THAT CONDEMNATION.
In tho cnso Of Joseph 1]arbian Va. Tuo CITY OF
Chicago Judge Hary rendered decision grant
inK porcmptory wslt OF mhndamus. Last fall,
IL viii be remembered. verdict was rendered
aKainat tho city for about ?i:12.o03 damages for
property taken for widening Korth stAte sttcot,
from Chicago avenue 10 Bchlllor streot. Soon
after tho Common Council ocit1od to discontinue
those condemnation proceedings. An ordinance
was accordingly passed, stating TINT tho rsdon-
Ing Of Tho street nould bo Inoxpodient. repeal
Ing tho ordinance for the oFeuing, AMI
inaructins tho Corporation Colnrol 10
discontinue all condemnation proceedings:
A motson Wan then made for tint rufpoae aid
argued before Judge Jameson, who ref,iacd TO
last. when Joaoph ]arhiun hle,i petition
sottnE ont the nGuvo faotH, and That llo Owned
81 feet o' North State Asroot WHICH was con-
dau,ned, allaasng tl.at verdict and taal lttE.
tnent had boon rendered IN Ills favor for 1885
for nia property, which bad not been laid. lilo
aino claimed TINT subsequently to thn rendition
OF tho Judgment tho proceedings had oecn us
continued, aud charged that suei. dtBcoHitnuac0
was Irregular md void Tint tho city was bound
lawfully havu bcen Increased ~ mills OIL
the do'lar 80 as to pay tho whole
lovy, Or pay tic judgment Tho petitioner,
city to proceed by itA Conluiop Council to lovy
sud collect tax hniI'tiont to pay tho Judgment,
aud to pay tho am0Ent into Court.
Tba c.ty, by IL ronnsol. tlod . donIFror yos-
power 10 rouder MI absolute Judgment agai!lst
Tho city fof tho unconditional pnytnont OF tlfd
lappdBad damages, alsd thorefofb tho IatfVtiage
Of tho judgment set out III Barhans putitioH
should bo construed to ho In eIloct merely q
Judgment that, upon payment Of tho conponsa-
tfdu and damages fonnf BY tho jury, tho city
might take and nso tho property for tho purposo
proposed. H. ho*over. tlte Judgment should be
against tho, city Tor Ito unconditional
pkytho,it OF Tho nnHi riohtiouod, such Judgment
ought NOT to be cnforsod bv nandanIus, beoAuBo
II would bp napally erroneous. II appeared
from tho petition that tho Improvement Bpokun
Of sas to BID paid for By apecial asaesstlient TO
the oxtont Of tho bencills conferred or TO tJo
conferred by tho IMPROVEMENT, the remainder,
Any. to bo paid by general taxation. TAe
potition, IN praylnF fof 2 man.iamua, proceeded
wis vsld; and ouerate1so 10 repeal TINT 1arE OF tho
ordinance for The Improvement which, provided
alat It should 10 paid for BY apouial asseas-
mbut 70 tho extent of tho benofta !; wheroas tho
pfovemehs should bo paid for was d vital part
Of Tho snnot and it was not within the power OF
tho Common Council to rdpoal such part aftee
the aaccrtainn'ent Of tue compensation and
dahAgts W verdict nnd judgment. It Appeared
from the petition That motion was made by
the defendant. after Judgment in tho coudon1nu-
ti9v, proceedings, TO set aside tue Judgment aud
all flo proceedings, Including thu proceeding for
tho ayscsa!nbtt of bo,ioftB to ,Jny for tho lin
pfuveh!unc, and that that motion, after tull ar
Eun1ant was oyerfuled, 80 thst tho proceedings
for an asaesBmont OF bono!lts to pay til's aud
olhef 1tdRnonts was yet pending. It did mt
appttr ftoh1 .ho petition that t.oro Ind boon Any
uhtoaHabat1a dn!ay on the part Of the defondant
iu tho supplemental proceedings for nh asHess-
mont to raisD tho amount uccohsary to puy the
cdtaponsattop und damages awarded. Laatlv,
ta< conld hot bo legally Iovicd "a asked by tito
pdtttlon dhd Tor the pslrPoso theron specified.
This den1utfer was argued Yesterday, aud Ju[go
Gary decidcd tl9t tho city had no powort afor
having gone 80 far, TO stop AID discontinue tho
proceedlngs, but that It mutt pay the JudGn,eut
Iha deus1irEer waA, therefore, oyotratol md tho
Corporation O1unBol clecsiug to tight It out uu
that lue, degree wns enterod granting per-
eniptory mAndainus against tho city to compel 1t
topay tie iudgd,ent:. An, appeal was, howovor,
taksh, and to!hsng. therefore; will bs dono until
tie Supreoia Court tlnhhnA nn tlla n1lsshinn.