The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-04-26
WILL BE FOUGHT OUT HERE
The Monon Railroad Agrees TO Await
the Outcome of the Other Tax Cases.
Marion Superior and Supreme Court Decisions
to Be Accepted, Avoiding Scattered Litiga-
ton Will Take Ii 10 Federal Courts.

The temporary injunction granted the
collection of taxes is to be dissolved, and
the case is TO await the Supreme Court de-
cisions of similar cases in thise county. The
meeting of county treasurers and attorneys.
which was called for yesterday by the
Attorney-general, was attended by repre-
sentatives of about twenty counties.
Frank L. Alder. of Putnam county. was
made chairman and Arthur V. Brown, of
Marion. secretary. Acknowledgement Smith
stated the purpose of the call was to devise
concerted action in defense of the tax law
and the efforts of the great corporations to
defeat its purposes. 1t would require, he
said. the best legal talent in the State, in
asmuch ~ the railroads had secured the
best lawyers they could get. not only in In
diana, but from Chicago. Cincinnati and
other cities. The litigation which has be-
gun means q long. determined fight. and
might have to be sustained in several suits.
Mr.. Smith said this was the con-
clusion he had come to, when he
saw that SO many roads had begun suit. in
stead of awaiting the result in one test
case. 1t seemed TO him that the roads in
" Ctdtc mcduL W bbduu 6cpokdtOlJ uQou
their asserted rights. without accepting
one decision as final He had been in
formed that Judge Field. of the MonOn.
and Mr.. Dye, of the Big Four. intend to
carry the case to the Supreme Court of
the United States on several federal ques-
tiOns in case the State courts decisions are
adverse.
The discussion which followed showed
that there was o general opinion that
while the interests of Zach county need
nrOfanfrnn fhara IN M nnnaaafu nf MI fha
attorneys being present Wednesday. April
q. at Grown Point. when the
argument in the temporary %injunc-
ton case will be heard. 1t was
county attorneys who could should be
present. and that the Attorney general
should represent those counties interested
IN this case who are not otherwise repre-
sented. Some Of the attorneys raised the
point that the law does not require their
services by virtue of their Office outside OF
the county. and that they would have q
Just claim for extra compensation If they
appeared for the county. lnasmuch as the
ASSEM- bled attorneys have no authority to
commit their counties to expense without
instructions. this point was not considered
at length, but 1t was concluded that 1t Is
only fair TO suppose that each county Will
reasonably bear it's proportion of the cost.
agreement was reached whereby the MOnon
suit is to await the decision by the Su-
preme Court of the appeals from the suits
of the Big Four and Pennsylvania roads
which were filed in this county. Judge
Field. who represents the Monon, was
present yesterday afternoon. and after con-
sultation by telegraph with the officers
of bis road agreed to ask for q
dissolution tomorrow of the temporary
Injunction granted by the Lake Circuit
Court. The defendants, under the agree
ment, will file pleas in abatement. or such
other pleas to the jurisdiction OF the court
as they may desire. TO the pending action.
and agree that an order OF court shall be
entered. upon motion of the plaintiff. dis
solving the temporary injunction now in
force as to the defendants. without preju-
dice; and that an order shall also be en-
tered of record, without further proceed
ing therein. continuing the case until the
ensuing term of said court. In considera-
tion of this arrangement it is also further
agreed between the parties that. for the
purpose Of settling all questions pending
in this cause with greater dispatch and
convenience to all the parties interested.
the defendants shall withhold all action
and hall take no steps by way Of levy on
any of the property of the plaintiff for the
collection of the delinquent tax in ques-
tion for the period of sixty days from date,
during which time some opportunity MAI
BIO given for the settlement of similar cues
lions upon complaints which are now pend
ing IN the courts of Marion county. The
parties further agree To accept as final the
uCCloloDB VI OIL QuOcbiOHo h'OafCN u Wa
suit in any case that may be appealed from
the courts of Marion county to the Supreme
Court of Indiana, the decisions TO be
treated as decisive of the questions at is
sue in this case. unless appealed To the Su-
preme Court of the United States. The
defendants reserve the riGht to enter spe-
cial appearances and contest any question
as to the jurisdiction OF the Lake Circuit
Court over the parties or subiect-matter OF
the suit. the same as if the agreement had
mt hpen anfared int0-
This agreement was signed by Judge Field
for the Monon road. and by the attorneys of
the counties represented, each keeping q
copy. Judge Field said there are three
points which will entitle the company to
an appeal to the United States court. IL is
expected that the Indiana supreme Court
will hand down it's decision within the
sixty days granted in extension of grace of
delinquency. The county attorneys will
appoint several of their lumber to assist
the Attorney general. A call was issued
by Mr. Smith for q meeting next
Monday of all the county attorneys in the
State TO take action in defense of the in
junction suit brought by the Western
Union company 10 resist payment of the
INV