The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-02
TRYING TOBILK THE PEOPLE.
A Scheme to Take Advantage of the
Taxpayers Of Center Township.
How Near Railroad Company's Lawyers
Succeeded in Depriying the Township
of Large Sum of Money.


when schemes of that sort moved under the hal
lucination that private railway undertakings OF
any kind were public benefit; hence the public
ought to supply largely the resources This
company held out the bait of building its pro-
iected shops in Center township. if the people
thereof would vote tax in the interest of the
road The property holders jumped at this
promise, and the electors agreed to the tax at
special election in 1871. Everything regarding
the enterprise was in high favor, and the pro-
cee5s of the levy voted for were collected and
held in the treasury. Of the levy $4,000 was
paid in, and afterwards, through pushing delin-
auents the sum reached $50, 900 But the money
was not to be paid over to the company unless
it built the shops in Center township within
three years 1t did not do so, nor did 1t
begin even the construction of roadway any
where along the proposed line. 1T did put
SPADE into the ground" a citizen expressed it
Put the failure in accomplishing anything like
practical work in furtherapce of the project did
not prevent the company from going before the
County Commissioners with petition for
years extension In the event work the
shops not begun in this last year of grace,
the money was under the law providing for the
levy, to 60 to the township treasurer. The In
diana Central & Illinois company were at tho
end OF this year as far away as ever from full
ling its conditions of the contract The money
Law in the county treasury, and as the company's
rights to it had lapsed, the County Commission
ers proposed to utilize 1t ostensibly for the ben
eft of the people
The new court house project was on in full
vigor just at this period, but the difficulty of get
ting money to start the enterprise worried the
Commissioners. 1t had been decided to erect
=. rf %6nk
period fearful their several terms would
expire before any of them could have showing
for fame in the outset of the enterprise. This
SEQ GOO that the railroad company had lost was
considered nucleus for the after expenditure of
81 800, coo for court house purposes. The Com
Inssioners decided to use it in this way and by
doing were able to get the proposed structure
ms far as laying the cornerstone Their names
are in that stone ready to be discovered BIZ the
last man when he explores the ruins of Marion
county, centuries hence.
While the original $50, 600 is in the foundation
OF the court house. it left the baleful influence
of money behind it. Who is entitled to this
snug sum filched from the taxpayers under a
promise never fulfilled to build railroad shops
III Center township has been ever since a source
of contention. If there is any show of getting
share OF disputed sum- something like 500, 900,
or possibly few thousands less, claimants can
be easily turned up to meet the emergency.
Since the railroad company failed TO carry out
its contract, the taxpayers thought that the
ter township had some right to 1t, however.
claimed under the law which regulated the spe
cial levy. 1t was in Mr.. Kings term as town
ship trustee, when the first litigation
:, began. On behalf of the township
he flied complaint against the County Com
flis:ioners to recover the money, but the ink of
1.-The file mark had hardly time to dry before
numerous other schemes to expend this
stepped to the front Judge Martindale as the
head of syndicate, wanted to build coal road
with it. and somebody else had another improve
ment. and so on, not passing over jackson Land
ders, the then county treasurer who anxious
to keep the money in trust, as he could, accord
ing to the custom of the Office relative to sur
plusages, let it out at interest. Dye and Harris
We're the lawyers retained by Mr. King. The
trial came on before Judge Elliott, then of the
Superior Court and after evidence and argu-
ment he decided in favor of the taxpayers on the
ground that both the township and county had
forfeited their rights. In general term of the
Superior Court this decision was sustained, but
the Supreme Court held that the township
ought to have the $50, 000 BY this time Mr.
King had been succeeded in Office by Captain
Harvey who. under the last decision, made
demand for the money.
The Commissioners of that year had a trick
worth something more than the Supreme
Courts decision. They said to Mr. Harvey.
II you are TO have us pay this enormous
amount OF money to you., we will require
you to increase your official bond from
SEQ, 600 to 1926, 000" The trustee had trouble in
getting sureties, and the commissioners no
doubt, chuckled over the prospect of holding on
TO the money. But Harvey insisted and plan
was agreed to whereby the Commissioners would
pay TO the trustee per cent. interest and a part
OF the principal each year. Tt was to cover his
salary and office expenses. This continued I'M
til some time during Ernst kits term as
trustee when the Commissioners refused to paw
either principal or interest
In the meantime the Indiana Central g. Till
nos Railway Company ceased to exist and the
Indianapolis Decatur & Springfield Company
came into existence purporting to be the sue
cessor or the old organization. II built road
but not between the points named in the char
ter of the original company, nor did it follow
the line in Indiana laid out by its predecessor
nor did 1t pretend TO have any title to the name
of the first company. 1t was new enterprise
IL constructed its road and built its shops with
out the Center township money, procured from
the special levy voted in the interest of the In
diana central and Illinois company And above
all, the shops were erected in Wayne township,
q rev teet beyond the Center township line
ana there they stand to-day. It was not the
purpose 10 put them within the limits of Center
nor was II ever pretended that they we're in this
township, until later circumstances made II
necessary to set up that claim The l.. D. e s.
company never expected to realize from tho
levy voted IN favor of the old company until the
Supreme Court reversed the decision of the Su-
perior Court. with an intimation that nossihlv
the railroad company had some rights which did
not appear in the case before It,
When the County Commissioners refused To
pay interest or principal any longer upder the
agreement made with Trustee Harvey, the then
trustee, Kitz, renewed the suit against the Com
5nissioners, with Henry Span as attorney. MIR.
Spaan in his complaint, made the materialer-
ror of not alleging that the company failed TO
erect its shops in Center township 1t is here
that the l.. d. & S. Railway Company, through
Its attorneys, Shepard and Elam, asserted it's
claim TO the money cross-complaint. For
che second time tho case was tried before the
Superior Court, ard for the second time iudg-
ment was given in favor of the township An
appeal followed, when the attorneys, Henry
Spaan for Trustee Kitz, Shepard aud Elan for
fne railroad company aud w. A. Ke tcham for
the county, agreed to statement of facts that
she shops were In Center township, and thus the
case went to the Supreme Court It
was here urged by Mr.. Shepard. and
not controyerted by Span or Ketcham
that the conditions of the contract with the first
company had been fulfilled in placing the shons