Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-05-31
CHANGE OF VENUE
Asked for by Plaintiff in the Storm
Drain Case This After.
noon.
TAKEN UNDER AMUSEMENT
Notice Served Upon Matthias SehneIl
in Court Room This Morning by
the Mayor-More Delay.

A motion by the plaintiff. Matthias
SchneH. filed this afternoon. asking for
a change of venue from Judge Graves
serves to effect another delay in the
case of Matthias Schnell VS. the city OF
Rock Island.
Judge Graves, who is presiding in
the circuit court. stated that the Ques-
ito now in his mind is as to whether
or not the motion is drawn and filed
in accordance with the provisions of
the statutes. On account of his uncer-
tainty with reference to this point he
took the matter under advisement and
said that in the meantime he would
communicate with Judge Ramsay.
Holds No Prejudice.
Whatever the belief of the plaintiff
may be this court holds no prejudice
against him." Judge Graves said. Moth
ing has gone from this court to indi-
cate in any way that | have any feel
ing in the matter. If anything has
reached him that would lead him TO
believe that there is prejudice il is
without foundation. But notwithstand
ing this. if the petition for the change
of venue is in proper form as provided
by the statutes. will not insist upon
the trial of the case
Served His Notice.
AS the storm drain case was about
to be brought trial in the circuit court
this morning Mayor McCaskrin ap-
preached Matthias Schnell the pain
tin in the case, and served notice upon
him TO complete the drain according
TO contract. This notice after reciting
the conditions of the contract, SAYS:
This assignment makes. you, Mat
thias Schnell, responsible to the city
of Rock Island for the fulfillment af
your duties as such contractor This
you have not done, and unless the said
Twenty street storm drain be
completed pursuant 10 the terms of the
original contract and the specifications
therein named. lived up to. then YOU
will abide by such action as the city.
though its executive, shall elect to-
wards you. You will either be ordered
TO remove this drain as a nuisance or
the same will be completed under the
direction of the city authorities and
put in condition suitable for a perma-
nent structure at the expense of the
bondsmen. This you will do within the
next 80 days. beginning with this. the
3lst day of May, y. ID. 1905"
Ask for Time.
Upon the serving of this document
the attorneys for the plaintiff asked
for further time. i'm order that they
might determine upon some course.
being uncertain what procedure to pur-
sue in view of this notification.
The attorneys for the city declared
| that it was no more than a communica-
| ton from a private citizen, and the
court stated that the name signed TO
the notice was stranger to the rec
Ords of the case, and he was not in
clined to allow the time unless the
plaintiffs attorneys could show where
in il had a bearing on the issues of
the case, which was then ready for
| trial
The plaintiffs attorneys set up the
claim that while they were not pre-
pared to- show wherein the notice had
a bearing upon the case which was
ready for trial, they desired the time
| 10 investigate and determine whether
or not any such relation existed. The
court finally decided that they should
be given until 2 o'clock to LOOK into
the question. and at that hour the
change of venue motion came before
| the court.