The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-06
FARMERS LOSE THEIR CASE
Supreme Court Decides the Hamilton
County Pipeline Rlght-Of-W Way Suit.
Judge Taylor Blocks q Proposed Marriage Of o
Divorced Ch~ild-McClure Case Unde-
cided-Court Miscellany.

The Supreme Court yesterday handed
down q decision, written by Judge Hack
ney, in the case of the Board of Commits
sioners of Hamilton county against the In
dianaDolis NaturaLgas Company. The
case involves the right of the appellants.
the board, to grant the use OF the public
highways to O company for the purpose of
laying gas mains. Such an order was
made by the board in 1859. but the board
afterwsrd concluded that it had no author
ity under the law TO grant such q right of
way, and rescinded the order. The COM
pany appealed to the Circuit Court, which
decided in favor of the company and sus-
tanned it's claim to the use of highways as
as far as it had already laid mains. The
board appealed to the Supreme Court.
The court says ii is committed to the prop
osition that such an order Is effective 70
confer upon the company the right of the
highway, distinct, however. from the right
of owners of private property along
the highway. The order was either
void or voidable; If void, the
grant could not be made good
at all; if workable, the order conld not be
rescinded without notice and consent of
the company. 1t Is held that no exparte
rescission is authorized by the law. lt
was ben upon tho appellant TO al
Iege and prove the facts emitting it to o
rescisslon of the order. which In this case
was not DONE. The absence of any EVIL
dence showing that the appellee had not
acted in good faith on the order Is, 1t Is de-
clared. fatal 10 the appellants cause. even
II the order should be set aside as yoidable.
The act of 1883. enacted to govern the situa-
tion growing out OF the discovery OF
natural gas, does not, the court says. en-
large the interest of the public IN the high
ruAxa go Ao4 - n,.N - N thA TVh n ~ a
fee holders In the soil along the highways.
The court decided in this case that no
right of the public was invaded and In
every way affirmed the decision OF the
lower court in favor of the company.
Judge Taylor 1its on n Proposed Wedding.
Yesterday afternoon Judge Taylor grant
ed the petition of Viola Ray, seeking di-
vorce from John b. Ray. on the grounds of
abandonment. The defendant being o
nonresident. notice of the tendency of the
suit was given by publication and upon
granting of the decree the court. in compli-
snce with the statute, entered a prohibi-
tion from marrying within two years.
Notice of the divorce having been granted
with the prohibition was taken by clerk
Avery to license clerk Daniels. but had not
been entered by the latter uDon the book
kept by him for that purpose. whom he re-
ceived an application for a license from
Alexander Moran. accompanied by Nancy
Rozier, mother of the girl, to marry Viola
Ray.
They were informed that by the decree OF
the court Viola Ray was prohibited from
marrying for q period of two years. They
seemed very much crestfallen and asked
il that decree prevented their going out of
the State and marrying. The mother of
the girl. for she Is no more, came with the
prospective groom to give her consent TO
the marriage of her daughter, who is but
sixteen years of age. having married j ohm
b. Ray at the age OF fifteen. When the
facts were reported to Judge Taylor he
was very indignant at the attempt TO
avoid the decree OF the court and ammo
diately set aside the decree aud refused TO
grant the divorce, thus effectually putting
q stop to the proposed plan of going from
the State and marrying in spite OF the de-
cree of the court.
Boy Burglars Plead Guilty. Il
Lyle Justice and Lawrence Oliver, aged
fourteen and twelve years. respectively,
were arraigned in the Criminal Court yes
terday and pleaded guilty to the charge of
grand larceny against them. and were re-
leased by Judge Cox under suspended sem
tenoe. They are the two boys arrested re-
gently by detectives McGuff and Thornton
for a number of burglaries in the south
eastern section of the city. All the goods
stolen by them were recovered by the OIL