The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1901-10-13


equitable interest or don't have am
equitable interest # they have. and
il should be determined that they
have an equitable interest from the
adoption OF the Atoka agreement. it
can be settled by the board OF ap-
praiscrs. II can be settled in the
amount that is awarded TO these peo-
pie It dont have TO stop the building
of this road II is a mere incident TO
the construction OF this railroad. The
truth about the matter is | think il
very doubtful question. or course.
you gentlemen differ about IL. but IL
does seem to me and did think last
evening that there was an equity i'm
favor OF the occupants of these lots.
that was given TO them as you say
without consideration. perhaps given
to them by reason of the fact that
they had made this town and put i'm
| provements here Of verv great value
and had added 10 the vaiu, of the
Indians land; that the Indians take
siXtytwo and half percent and the
balance is given TO the owners of the
improvements. TO reimburse them fo.
what they have done; It thus looks
TO me that in that way an equity
might arise i'm favor Of the owner of
the improvements but don't think
It is necessary odecide that question
now; but ! say that question can be
RENTED and decided when the ques.
tion of damages is heard before the
appraisers provided you gentlemen
don't agree in the meantime. Hence,
there is no necessity for an injunc-
tion and no necessity from stopping
this road from building.
Mr.. Ledbetter: II the courts view of
it prevails and we are compelled to go
before that tribunal appointed in that
way, without our voice. any kind of
an appraisement could be gotten on.
OF them
The Court: You don't deny the an.
thority, that if there is an appeal and
trial before a jury, that remedies
the matter?
Mr.. Ledbetter understand but r.
the court decides this question I'm ad.
vance, Il will prevent a great mutt.
plicity Of suits, and It will be mat
ter in the hands Of the railroad com.
pany to coerce--
Mr.. Perry: don't think anybody is
going to coerce anybody.
The Court: ] don't think under the
allegations as shown by this bill
especially since the afidavit filed by
defendant-that the grounds for an
ii junction are stated sufficient. My
Judgment is that If defendant should
attempt al any time actually TO take
possession and control of these i'm
Iprovements without compensation.
probably court would enjoin. but
here is a mere apprehension that they
are going to do something. / don't
think a court should enjoin upon any
such proposition as that At least.
Will not do il. If you can't agree. then
see If you can settle by this board of
appraisers. think clearly that such
a board could be appointe1 under this
act. ! believe it applies to every indi
vidual occupant and believe that
when you go TO an individual occupant
10 settle with him he is party to that
q onsaction in the settlement Of his
own Images and if you can't agree,
then board of appraisers can be sc.
lected, and if the board is a partisan
board. either party has the right OF
appeal and il he has the right of ap-
peal and a trial by jury think he is
then protected and his PR perty taken
from him will be taken by due pro-
cess OF law.
Mr.. Ledbetter: II that is true: if you
have the right of appeal.
The Court: ! think you have.
Mr. Soper: We concede il.
The Court: These gentlemen say IL
is so and really when they concele
that, they concede the material part
OF your allegations
Mr Ledbetter: That is a matter of
jurisdiction of the subject matter that
cannot be cured by agreement or con.
sent. The court can at any time dis
i,miss a complaint, If that is the law.
upon discovering-
The Court: The Nation has to Sc
lect one and the railway one and the
president one don't now that the
railway and Natich are the same pco
pie. AT any rate, the individual occu
pant can appeal and try mis- case be.
fore a jury and there he will get his
constitutional projection in my iudg-1
ment Now, taxing that view Of 4. III
am not going TO grant an injunction in !
this cal u = am going to refuse m L. |
junction and let those gentlemen set
tie with the individual occupants il
they can. IN not. TO 20 ahead and eve. |