Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1901-07-22
CHECK
Has a String Tied
to 1t.
Deposit of $4,000 as
a Guaranty
That the Akron Road
| Will be Built.
Queer Agreement For the Return
of the Check.

from the city came to climax Satur-
day morning at the meeting of the
County Commissioners, but at present
the Board of Commissionersis the only
interest that is ahead. The Commis-
sioners have in their hands certified
check for $4,000 with a strong string
to it.
The check was deposited with the
Commissioners by Daniel Gindlesper'
ger. S. z. Inman, G. III.
Foote, W. D. Foote, w. d.
Jones, and Frederick w. Green, the
applicants for the franchise for troll,
ley road that is to be constructed be-
tween Cleveland and Akron. THIS is
the application that was opposed by
Il. l.. Chllds, of Akron, and others.
Mr.. Childs and his friends are also ap-
plicants for a franchise for the same
route. 1t was Mr.. Childs and his
friends who proposed that the other
applicants should make deposit of
$4,000 with the Commissioners. Sat
urday the applicants deposited the
$4,000 certified check and then it was
argued by Mr.. Childs that the appli-
cants were associated with II. A. Ever
EFT and We're getting the franchise to
head off or delay the construction of
line that would compete with Mr..
Everett's existing Akron, Bedford, and
application had expressed very freely
the opinion that the $4,000 certified
check would not be deposited.
Saturday morning, when the 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 d. r.
Zmunt, trustee" and was signed u.
II. Zmunt." On the face Of the check
was the banks certification stamp,
certifying that the funds to meet
the check were in bank. When pre-
sented there was no endorsement on
the check, so that it could not have
been cashed by anyone except Mr..
Zmunt, who drew it in favor of himself
as trustee. Assistant County Solicitor
Taft called attention to this, and Mr..
Zmunt, who is the partner of Attor-
ney Green, the lawyer for the appli-
cants endorsed the check, making it
payable to County Treasurer Lander,
and then it was accepted by the Com
missioners under an agreement pre-
sented by Attorney Green.
This agreement, after reciting the
circumstances of the application for
the franchise, said regarding the
check! st is hereby agreed that said
check be deposited with said Board
pending the hearing of said applica-
ton, and when said hearing shall be
terminated, either by the granting and
acceptance of a franchise by said
applicants within fifteen days there
after 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
terms 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 a pretty good
string to the check.
The franchise asked by the new road
was read to the Commissioners and
showed by some of its provisions that
| shN piOihctNio NApNNt " 5Nt hioii NhN
State charter that win make it possi-
BILE for the road to carry freight. The
franchise is to provide for beginning
construction by January 1, next, and
that the road shall be in operation
January l, 1908 Another $4,000
check to replace the present one is to
be asked for as guaranty that the
terms of the franchise win be com
piled 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 had
100000 l would just as soon put It
all l.. 49, A Ir.ta-