Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-01-01
MUST PAY FOR
WHAT N IS WORTH
Recent Decision in Federal
Court Bears on Local Paving
Controversy
AsE FROM MANKATo, MIMI.
Property Owners Had Set Aside Their
Assessments But Barber Co. Sued
For Value of Paving and Won in
United States Circuit Court Of APP
peals.

A case very recently decided by the
United States Court of Appeals at St.
Louis has bearing upon the local
paving litigation now pending in the
United States court at Des Moines in,
which our citizens and the city are SO
largely interested. AS the case has
been decided by the judges of the
Eighth circuit in which Marshalltown
is located, the law, as in this opinion
enunciated, will probably be decisive
of such of the legal contentious as are
locally involved. AS near as can be
arrived at from newspaper accounts
the case is in many respects parallel
to the present situation in MARSHALL
town.
Some three years ago the Barber
Asphalt Paving Company laid eleven
blocks Of paving in the city of Man
kato, Mimi, and the property owners
objected to the assessment and In the
state, district and supreme courts the
held to be illegal on various grounds.
The property owners supposed that
this was the end Of their troubles, paid
their attorneys and proceeded to en-
joy the paving which had cost them
nothing but their attorneys fees. But
to their CONSERVATION the Barber Com
f,, II mi
court for the actual value Of their
paving. The case was tried before
Judge Lochren Of the United States
circuit court and was defended upon
the ground that the decision of the
state district and supreme court was
final. Judge Lochren however refused
to follow the decisions Of the state
courts and decided the case in favor
of the Barber Asphalt Company and
from his decision an appeal was taken
to the circuit court of appeals at ST.
Louis. This tribunal has now render
ed decision holding that the paving
must be paid for for whatever it Is
worth leaving the city and the property
owners to still litigate the question of
the benefits to abutting property.
THE city Of Mankato and its citi-
zens seem to be in something of the
same kind Of a contest with the Barr
der Asphalt Paving Company as ex-
lists here in Marshalltown,' said To-
zeal attorney today, "only the fight
there is some three years further adj
vanced. The ultimate result of their
long fight seems to be that the props
,erty owners and the city must pay for
l,osr
statutes or the decisions of state
courts"
When asked for further explanation
of the effect of this decision on the To-
cal controversy this attorney said:
Applying the logic of this case to
the present situation we would have
this result: Mr. Morgan for example
aas 100000 worth Of paving in contro-
versy. We will suppose that he wins
his case in the state court and the
supreme court Under his contract
with his attorneys he will then be
compelled to pay his attorneys fifteen
per cent of the reduction of the assess
,ment which in this case would be the
whole amount or $4,000. This in addt-
.tion to the $500 he has already paid
them 6 cents per lineal foot) or q
total Of $10S.00. Then the Barber As-
.phalt Paving Company sues him in the
United States court and obtains juris-
diction by Joining Mr.. French, Mrs.
Zilsberge, Mr. Calhoun and Mr.. Brown,
as their work was all performed under
the same contract, thus making the
amount over 100000. Then Mr.. Nor
gan will be compelled to make another
contract to pay his attorneys and they
probably would not be willing to do
this work upon contingent fee or for
S10S0O. When the case reaches thu
circuit court Of appeals at st. Louis,
Mr.. Morgan will be defeated as were.
the Mankota people and their will be
added interest and costs. Then the
case comes back to Marshalltown for
an adjustment of the benefits between
the city and the property owners with
more attorneys fees and costs for
someone to pay with the right existing
for either party to expend more money
and pay more costs in an appeal to. the
supreme court Of Iowa. Whether in
all Of this litigation a party can APP
peal to the supreme court Of the I'm
tied States we are not advised, but if
so 1t but adds another chapter to the
story Of q fruitless lawsuit"