Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-06-01
GRANTS A CHANGE
Judge Graves Will Not Preside al
the Trial of the Storm
Drain Case.
ALLOWS THE MOTION TODAY
No Other 1urist Available at Present
Judge Ramsay Can Come Here
in Two Weeks.

Judge Graves this morning granted
the change of venue in the case of
Matthias Schnell VS. the city of Rock
Island, or the notable storm drain liti-
cation. The matter is now in an I'M
settled condition. Both sides say that
they are ready for trial-and it is
known that the city's counsel are-but
Judge Graves has been unable to Sc
cure a judge who can come and hear
the case.
The indications are that it will be
two weeks before one can be secured
and it may be a month now before the
case again comes up for trial Judge
Ramsay will be in Henry county dur
ing the first two weeks of the term
that opens there, and ii seems necessa-
~ that he should be there as there are
several matters that must be disposed
of, in which Judge Graves was inter
ested as an attorney. After that
length of time it is probable that he
will be willing TO come here.
Judge Graves had informed States
Attorney Scott to have the criminal
cases ready for trial June u. So if
TIC SUI III III an C6iSC 10 llOA iC1NhNu bS
fore that time it is probable that it
will go over.
Insult to Court.
The affidavit and motion Of the plain
tiff, stating that he believed the pre-
siding judge to be prejudiced against
him. and asking for a change of venue,
is regarded as little short of insult
to Judge Graves. He states in his af-
fidavit that he came TO this knowledge
at 10 o'clock yesterday morning. That
was at the time the judge was being
asked by the attorneys for the plaintiff
to be allowed a few hours TO consider
the notice that had just been served
upon the plaintiff, which was granted.
The only thing indicated at that time
by the court was that he did not TecOg-
nize the service of that notice upon
the plaintiff as having any bearing up
on the case, the name signed to it be-
ing stranger to the records. The rul-
ing of a court in the settlement of is
sues has not before been construed as
an evidence of personal feeling.
Judge Graves stated yesterday af
ternOOn when the motion was being
considered that anything that mighc
have reached the ears of the plaintiff
with reference to any prejudice enter
tanned by the court was without foun-
dation. 1t may not have been intended
as an affrOnt to the court, put simply
means of delay. If it was for the latter
it is the more to be deplOred that the
court should be thus dragged into the
controversy.
Takes His Stand.
Notwithstanding this exceptional pro
cedure Judge Graves has taken dig
nified stand and refuses to be involved
in the mess any further. He refused
this morning to have anything further
TO do with the case, even TO declining
TO set it for trial or to take it from the
trial list 81 am only in this case thus
far" he said, that | will get judge to
preside here at its trial as soon as |
can
Attitude of Mayor.
While this case is again delayed.
there is only conjecture as to what
will be done between now and the
time the case comes to trial. The no
tice served by the mayor gave Mr.
Schnell 80 days in which to put the
drain into condition specified in the
contract. If 80 days expire without
Mr.. Schnell taking any action the at
mOsphere will be somewhat cleared.
If he proceeds TO comply with the spe-
cifications there will be new phase
of the case.
Even the aldermen who refused to
concur in the action of the mayor by
resolution passed last evening, assum-
ed that the mayor had the authority
to act as he did. The question now is
how much farther the executive can
go without the aid of the council.
Mayor McCaskrin's plan has not been
clearly outlined. and what the next
step will be by him is not known. so
while the delay is on it seems TO lie
between Mr.. Schnell and Mayor Nc
.riu n tho futnra of the