Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-07-18

iuR COmuuniCatlOQ:
Rock ISLAND. July 16.-Referring to
the article headed. The Gest Damage
Suit In today's edition of the Union,
L desire to say that have
never believed that the city was
justified in raising street grades without
paying damages, II by doing so property
was damaged, and never having believed
80. do not see how 1 can have been
known to have believed so.
Now, what is MIR. Gest's offer and what
is the city advised By you to accept? To
submit The case 20 the court on demurrer.
A demurrer admits facts as alleged to be
true but denies their efficiency in law to
base an action thereon.
Mr.. Gest in stating his case in his
declaration has made as strong showing
for himself as he can. and in doing this
he places he city in wrong position.
| To go before the court on demurrer to
! this decl, ration is 10 argue that the plain
tlffs case as stated by himself, with every
incentive 10 put it as strong in his own
favor as possible, is not sufficient in law.
If MIR Gest will permit me to amend his
| declaration in accordance with tn e facts
! as the city understands them, then l will
| file demurrer to the declaration as
amended, sn1 abide the results. otherwise
l shall decline to submit the case on the
facts as MIR. Gest has stated them in his
| declaration, which is a one>sided and par
| tisl statement.
| do not differ it'll Mr.. Gest as to the
| law. The supreme court has settled that
| for him aud me long before the case you
cite was decided. and neither of us can
make it different. The trial court will
administer the law just as it finds it and
not establish any new principle. But l
deny that the facts are as MIR. Gest states
them. and will not consent that decision
! of the case shall be had on demurrer to
| this declaration.
AS / agree with you and Mr.. Gest on
the legal phase of this matter, as Mr.
| Gest has stated it for himself in his
declaration. and as Mr.. Gest has declared
| that his object is not the recovery of
money damages. 1t seems to me that the
only thing that remains to be done is for
Mr.. Gest to DISMISS his suit.
Taking this view of the case, I 90 not
know of anything the city can accept, or
that should recommend to the city to
accept. Respectfully,
| JsoEPH L. HAAS. City Attorney.
The position of City Attorney Haas. so
| plainly and so unreservedly stated, has q
most distressing effect on the Union,
which together with the other republican
sbouters has been working so zealously TO
control the citv attorney and have him
construe the law and advise the council
to plead guilty without trial to the
| charge of Mr.. Gest, in which
event he promises not to exact
| anything but to dismiss the suit All he
| wants the city to do is to justify him in
his course, to admit that he has been
very much abused and beg his forgive
ness so that he may pose as a msgnani
nous and self-sacrihcing citizen, whose
course 10 jumping on the city may be
construed into an act of public spirited
citizen, rather than demand for benefits
which all have shared in, including Mr..
Gest himself and for which other citizens
have suffered as much individual property
damage as Mr.. Gest.
In the Unions wall over the newspa>
per failure to intimidste Mr.. Haas. it
says: MIR. Haas position is TO be re-
GREETED, the more so as its adoption by
the city council will compel Mr.. Gest
from sense of seie-respect to push his
suit The idea has not pre-
sented itself to the morning paper
that Mr.. Haas self respect was at stake
too-perhaps because he is not a candi-
date for the nomination for congress-and
the question may be asked. who placed
Mr.. Gest in the position where he would
be brought to this test of selfrespect. but
himself? II might furthermore have been
~. -
respect for the city, had he after jumping
into a suit against the city, have stood
squarely on the merits of the case in
stead of sending in communications
to the city stating terms under which the
city could throw the case in his favor and
the condescensions he would show the
city after it had done just as he wanted
it to. But the Union says further;
But if MIR. Gest's very generous offer is
not accepted. that is not his fault. He
has shown his good will, and the absence
of selfish motives in his assertion of the
legal rights of injured property holders.
and can present the city with his award of
damages at the end of law suit just as
well as dismiss the suit untried."
Mr.. Gest's very generous offer! Who
has asked Mr. Gest for any generous offer?
Has the city? The offering has all been
made by Gest, not the city. Finding
that he had made bad break In demand-
ing damages, his friends backed by the
party organs, attempted to smooth the
matter over by patching it up in a manner
that would look very well for Mr.. Gest.