The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-02

want any judge in Marion county
to consider the question; hence the
petition was sent to Judge Vinton in Tippecanoe
county. A few months since he decided that the
attorneys for Center township did rot use due
diligence in showing that the shops were not To-
Gated according to the contract under which the
levy was raised. From this another appeal went
TO the Supreme Court, and it is pending. but
decision will probably be reached next Tuesday.
Everybody connected with this case seems to
be imbued with the idea that the railroad COM
pany has got the best of it. The lawyers. with
out exception, have been DESTROYS of working up
a compromise. The County Commissioners
have all along intinated that they were ready to
settle with the party that is entitled to the
money. but the three honestly believe that the
county is being MIXED for the benefit Of lawyers
and the railroad. What they came very near do
inc day before yesterday is not consistent with
their opinion as to the rights involved. Each Com
missioner thinks that the money belongs TO the
taxpayers, without any ifs or ands aboutit but
somehow the expectation prevails so extern
siyely that the next decision will still favor the
railroad company, that the Commissioners are
ready to compromise. This has been the pur-
pose of the attorneys for some time to secure
settlement without waiting for the decision of
the court Tuesday they progressed so far that
the Commissioners had reached the determine
ton to let the railroad company have $7O,2l1,
which includes principal and interest from the
time the money first In the treasury. ex-
cept about 500 600 the county paid to the town
ship under the Harvey agreement Ii the
county would settle, pending decision in the SUI
preme Court, the railroad company said 1t
would relinquish all claim to the amount paid to
the township. If not, then a second suit will be
instituted to recover this sum also. The Commits
sopers have been in travail over the matter
for months. 1t did not look right to them to
pay ont money they believed belonged TO the
taxpayers but the negotiations reached a climax
when the railroad company agreed to take its
payment in three six-month time warrants, one
for $50 000 another for ST 000 and the third for
S.. I'll To secure money to meet this the Com
missloners thought about ordering the county
treasurer to issue $40, 900 time warrants. 1t was
presumed Tuesday night that this would be the
arrangement and the Commissioners and the
representative of the railroad company, Charles
Martindale, waited until o'clock for Trustee
Many to come and perfect the compromise with
his assent and signature. Trustee Many,
however. sent note that he would
not further consider the question of compromise
until he saw Mr.. Harris. AS that gentleman is
in the East and will not return for several days.
the proceedings for settlement are held in abey-
ance. County Attorney Spencer threw another
block in the way yesterday. He said to Trustee
Many that while the railroad relinquished its al
legged claim of 500 600, the county had one of its
claims of $4,000 against the township. This,
the attorney represented, was overpaid under
the Harvey agreement
But, all the same the shops remain where
they were first putin Wayne township-and
the people are expected by the interested attor-
neys. including those who represented the coun-
ty and one who represented the township. to pay
$70,211 on contract that was never fulfilled.