The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-07-26
Checks Deposited to In
cure Good Faith
SAID TO Be vALUELESS
BY Pro m in z Mt Akron Attorney
Some Pertinent Street Rail-
way Talk Of Interest
in Canton.

The Akron Democrat has some inter-
esting street railway talk in its is
sue of Monday. The local question
is discussed to some extent, but
point raised in the Democrats article
that checks given to support the state
ment that road will be built are not
to be considered collectable, is worthy
of more than passing attention. The
Democrats article with reference to
the whole matter. follows:
The fight for franchise southwark
from the city came to a climax at the
meeting of the county commissioners,
but at present the board of commits
sioners is the only interest that is
ahead. The commissioners have in
their hands certified check for $10,-
900 with a strong string to it.
The check was deposited with the
commissioners by Daniel Gindlesper-
ger. S. P. Inman, c. H. Foote, and Fred
erick w. Green, the applicants for the
franchise for a trolley road that is to
be constructed between Cleveland and
Akron. This is the application that
was opposed by T. L. Childs, of Akron,
and others. Mr.. Childs and his friends
are also applicants for franchise for
his friends who proposed that the other
applicants should make deposit of
$4,000 with the commissioners. Sat
urday the applicants deposited the $10,-
900 certified check and then 1t was
argued by Mr.. Childs that the appli-
cants were associated with Fl. A. Ever
ett and were getting the franchise to
head off or delay the construction of
line that would compete with Mr.
Everetts existing Akron, Bedford, and
Cleveland road. The opponents of the
application had expressed very freely
the opinion that the $4,000 certified
check would not be deposited
Saturday morning, when uhe hearing
on the franchise application came up,
the check was there. 1t was on the
Metropolitan National bank. 1t was
drawn payable to the order of ~. r.
Zmunt, trustee" and was signed y.
N. Luluut. ou Vic ldCc VI liS ShCSh
was the banks certification stamp, cer-
tifying that the funds to meet the
check were in the bank. When present.
ed there was no endorsement ON the
check, so that 1t could not have been
cashed by anyone except Mr.. Zmunt,
who drew it in favor of himself as trus-
tee. Assistant County Solicitor Taft
called attention 10 this, and Mr.. Zmunt,
.,k,. 90 nrnn
the lawyer for the application endorsed
the check, making 1t payable to County
Treasurer Lander. and then 1t was ac-
cepted by the commissioners under an
agreement presented by Attorney
Green.
This agreement, after reciting the
circumstances Of the application for
the franchise. said regarding the check:
1T is hereby agreed that said check
be deposited with said board pending
the hearing Of said application, and
when said hearing shall be terminated,
either by the granting and acceptance
of franchise by said applicants with
in fifteen days thereafter or by refusal
of said board to grant franchise to
said applicants, or by the failure OF
said applicants to agree with the said
board upon the derms of franchise,
said check shall be returned to said
applicants by said board"
This agreement was signed by the
commissioners and the representatives
of the applicants and duly filed away
with the certified check. The agree
ment Is regarded as pretty good
string to the check.
The franchise asked by the new road
was read to the commissioners and
showed by some of it's provisions that
the promoters expect to get from the
state charter that will make Is possi-
BILE for che road to carry freight. The
franchise is to provide for beginning
construction by January l, next, and
that the road shall be in operation
January /, 1903. Another $4,000 check
to replace the present one is to be asked
for as guaranty that the terms of the
franchise will be complied with when
the franchise Is granted.
There was much discussion at the
meeting as to the amount of risk the
applicants for the franchise run by
depositing the check placed in the
hands of the commissioners. Charles
f. Dunbar, who was among the in
terested spectators, said IF I had
100000 would just as soon put Il
all up that way. The county cant
collect a cent on the check unless Il
can prove In court that 1t has been
damaged by THE failure to build the
road, and that could never be proved
II n...