Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-10-12
FIGHT RAILROAD TAX
Case of the Des Moines, Iowa
Falls and Northern Against
City of Nevada
SPECIAL ASSESSMENT INVOLVED
Council Once Certified to the Tax
Voted in Aid Of the New Railroad
Line, But Rescinded Its Action When
1t Learned the Company Was Re-
fusins to Pay Contractors.
Special to Times-Republican.

Special to Times Republican.
| Nevada, Oct. 1.-THE October term
of the Story county district court con-
venes week from today with Judge
Richards on the bench.
One case of especial interest to Ne
vada people is the action brought by
the Des Moines, Iowa Falls & North
ern Railway company against the city
and it's officers, TO compel them to pay
the two and a half mill tax voted the
company two years ago. At the time
the building of the road was proposed
a special election was held in the city
and a levy of two and a half mills
was voted the road provided that same
was completed sufficiently to be able
to operate and continue to operate
trains into Des Moines on the 31st day
of last December. The construction
company experienced all kinds of bad
luck, as did all new roads In the course
of construction last years. and 1t was
thought impo, BILE for them to COM
plete their er - of the contract and
earn the tax for the railway COM
pany.
But when the day rolled around the
company had temporary track laid
La few hundred yards within the city
limits of Des Moines and ran train
in. A committee appointed by the Ne
vada city council went down over the
line on that day, examined the rec
ords there and found that they had
been carried into the city limits OF the
city OF Des Moines, on a train on the
Des Moines Iowa Falls g. Northern
railway and returned and made such a
report to the council.
After giving this matter consider
able investigation and having the city
solicitor prepare a lengthy opinion of
the matter and listening to the rail-
roads side of the matter from various
points, the council finally certified 70
the tax on the 9th OF last February
A number paid the tax and the ques-
ton was thought to be finally settled
except by a few who had fought the
railroad proposition from the begin
ming. However, at the March term
of court a case came up between the
company and w. o. Johnson & Sons
the contractors who built the road, in
which the company refused to pay the
Johnsons several thousand dollars yet
alleged to be due on the contract. one
of the claims set up being that the
road had not been completed, and was
not even then constructed as per con-
tract. This matter was tIreshed out
before Judge Whitaker, again before
Judge Evans. and is still In the courts.
This brought the matter up before
Nevada people again and the council
decided that If the contractors had not
completed their contract with the rail-
way company, the latter had not car
ried out it's contract with the city
of Nevada and on April 4th the coun-
ell met in special session and voted to
rescind their former action and set
aside all authority given the city clerk
and county treasurer to certify to said
tax. That this meant a law suit was
Of course known. The first move was
made Thursday when the railway PEG.
pie filed their petition by their attor-
neys, Messrs Albrook and Adj
Olson, asking the court to order the
certifcation of the tax. The same ev-
ening the council met in special session
to discuss the affair and 1t was unani-
mously decided to secure counsel and
defend the matter to the end