The Indianapolis journal., 1889-03-23
A DAY In THE LOCAL COURTS
Trespass in Streets by the Johnson Com
pany as Presented to Mayor Denny.
Several Suits as They Affect Persons and Prop
erty in Division of Real Estate-Civil and
Criminal Proceedings-Notes Of Litigation.

The argument in the trial of Bob John
son. charged with trespass in ordering men
to dig on Tennessee street for the street
railway tracks the successors of the Dud-
ley company proposed to lay. was heard by
the Mayor yesterday, the evidence all hav-
ing been presented on Wednesday last.
Horace Smith, deputy city attorney, briefly
stated that case against Johnson had
been made out, in the fact that men under
his control were, at the time of his arrest,
at work on streets to which his company
had no rights More, the company had not
shown that it had an existence, and there
fore no rights whatever could belong to it.
Judge Shepherd spoke to some length,
opening his argument on the rights that
he claims the new company has to operate
in the city. He insisted that the
city has no power to inquire into the
question as to whether or not the corpora
tion was organized, or whether it now ex-
lists. The company reserves the right to
organize and to operate a line on any street
within the city limits which is now. or will
be hereafter laid out. and furthermore this
can be done over the protest of any or all
the people on the said street or streets. Fol
lowing Judge Sheppard. Judge Black took
the ground that the new company is vested
with the right to run an electric, cable or
horse car-line on any street. and that the
10 ~ ordinance passed by the City Council
ss broad enough, when interpreted along
side the original ordinance, to permit this
to be done.
City Attorney Taylor closed the argu-
ment by claiming that the city had made
out the case according to the evidence of
the street commissioner and the admissions
of the officers of the new company. The
only way for the defendant to escape pun
ishment, he said, was to prove that there
was corporation duly and legally organ
lied, and that it had right to 60 on q GER
tam street. neither of which facts had been
established. The right TO operate OH Ten
nessee street with anything but cable
road was excluded by the terms of the
original and supplementary ordinance.
Some figures were then given. showing
the basis upon which the COM
pany had been organized, Mr.. Taylor
claiming that as corporation it had not
for one year had any legal existence, and
the recent attempt to revive it has not been
crate in the city. Out of the five thousand
shares of the original stock it was claimed
that AT were owned by Tom johnson and
one each by u. j. Hammond, st. John Rog
ers and M. A. Downing, simply for the pur..
the statutes, he said, that all doubts be re-
solved in favor of the city, and the right of
the company to 60 upon certain streets, he
claimed, where infinite damage would re-
suit, had not been proven. Mayor Denny
took the matter under advisement and this
morning he will render his decision. No
matter which way it is given, the case will
probably be carried into the higher courts.
AsIxa tn fI,o Sol
Thomas Burns yesterday brought suit, for
the settlement of a dispute as to the parti-
tion of some real estate, against James and
Mary Renihan. Sample Loftin, the Meridian
National Bank, Robert Rentch, Elizabeth
Langsdale, administrators of the estate of
Mary Farrell, William q. Lockwood, guard
ian of James f. Webb Gnsane), George
Meng. Silas NJ. Sheppard, George w. Budd,
guardian of Minnie Wirth. Walter p
Hanna, Mary f. Haggart, Stoughton j.
Fletcher, Frank Churchman, S. A. Fletcher
and number of minor defendants. The
property involved is on the corner of Mary
land and Illinois streets, and is valued at
$4,000. In 1887 Burns and Renihan became
owners of it, agreeing to pay $4,000, with
cash payment of $500, the re-
mainder being secured by mortgages that
were given to the several defendants, but
sOI1t Oh tue uOIeS covered Dy the mort
cages have been paid. Some time back.
ten of the defendants brought suit against
the official bond of John +. Sullivan. then
county clerk, and his bondsman, James
Renihan. claiming by reason of such suits q
title to the property. The plaintiff states
that their claims are inferior to his. and
that the property is incapable of partition
without damage to the parties interested.
He further states that he has paid his share
of the taxes for 1888, but that Renihan has
failed to pay his. which duty devolved
upon Burns. An accounting between the
two is asked for, and the appointment of q
commissioner to sell the property is also
desired, the money therefr0m to be applied
as follows: first, to pay the costs of the
legal action necessary to make the sale
valid; second, to REIN burse Burns for all
the money he has paid out on account of
the real estate, and third, to the creditors
any balance remains over and above the un-
paid mortgages.