The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1885-06-26

Present Condition Of Its Affairs,
The Company Will Proceed TO Build ths
Line from vincennes 70 Jasper. ~ the su-
preme Court Does Not Interfere.
vincennes Sun.
The recent court decision In the litiga.
tion between the projectors Of the Vim
cennes aud Ohio River railway and the
Board Of Commissioners of Knox coun.
ty, has re-awakened interest in the mat
ter Of the building Of the road, and nu'
merous inquiries have been made con.
cerning the condition Of affairs as they
exist ut present. In order to satisfy the
demands of the public for information
the Sun has undertaken to ascertain from
reliable sources "how the wind blows
and the deductions of the scribe are tial
she looks considerably railroads.&c."
The people remember, no doubt, thai
the gentlemen composing the embryo
"Vincennes and Ohio River Railway
Company" petitioned the Board Of Com,
missioners, some two or three years ago
to order elections in Vincennes and Har.
rison townships for the purpose Of vot.
ing the usual two per cent. aid to the
scheme. The elections were held and
both townships voted the tax-in round
numbers, the former 100000 and the lat.
ter $4,000. Soon after this the opposi.
tion to the railroad began to erect Legal
obstacles in the company's right Of way
One proposition for its defeat was thai
the petition, as presented to the Board in
asking for an election, did not ask fol
everything required by the statute
However, there was difference oI
opinion concerning this, among the
lawyers.
When the time arrived for levyine
the tax Qast year) the commissioners re.
fused to do so. The company's attorneys
then proceeded TO mandate the Board
the object Of which was, in cross roads
English. TO compel 1t TO PLACE THE TAN
UPON THE DUPLICATE, but the Circuit
Court held that writ of mandamus wa:
not the proper course to pursue. Tht
company appealed to the Supreme Cour
which held about two months ago, ths
the Circuit Court was right. Having
another remedy the railway compsn,
proceeded to use it, Immediately aftel
Judge Malotts decision in the mandate
case, and pending the decision Of th'
Supreme Court. This remedy was
petition to the Board 10 levy the tax
This the Board refused TO do. In the cas-
|of both townships. The company ap
pealed to the Circuit Court, aud afte
getting their appeals dockeied, took |
change OF venue TO Davies county.
II Is these two cases which have beer
decided this month, IN the Daviess Cir
cult Court. About ten days ago Judg,
Heron tried the Harrison township
case, and decided II in favor Of the road
the effect Of which IL that the Board mus
levy the tax. Incidentally the question
as to whether, or not. the original peti
Ition for the election was good, came NJ
for discussion, and the decision OF th,
court was that il IL. After Judge Hef
ron had rendered his finding in the cas-,
the Board Of Commissioners prayed 70
Ia change Of venue from that gentleman
aud Hon. Eph. Moser, Of Shoals. was ap
pointed to try the case. His finding III
favor Of the railroad) was noted in yes
Iterday's Sun.
From the result Of these proceeding
liz appears that the railroad company ha
Should the Board appeal 4
the Supreme Court the company hope
for victory there If this appeal is tn
ken, and the higher court passes on th
cases favorably before the tax dup.i
cate is made up in November or Decem
ber, we are informed that it will be th
duty OF Auditor Dick to place the frs
one per cent. on the duplicate for collcc
tion next year. However, we are no
informed ss to Mr.. Dicks intentions Il
that respect.
A representative OF the ". & O. r
railway company said to Sun scribe
yesterday, that New York gentlema
stood ready to "placcv the company
bonds as soon as litigation ceased, an
1.-TWO or three construction companie
were ready to bid on the work.
built at all the road will be lei
Through Monroe City, Petersburg. Ol
well, Ireland and other small towns
jasper. The profile and estimates ar
all ready, and everything is In shape
hustle the iron horse through the wood
The vincennes and Owensboro Raj
road is not entirely lost sight Of. Th
lvincennes News has the following itel
aa;l road ain thu ooao =