Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-09-25
Will APPEAL SHAN
CASE 70 j. 5. COURT
Council to Carry Soldiers Pref
erence Law Suit to Highest
Court of Country
BELIEVES CITY WILL WIN
Counsel for City Confident of Final
viotory-Will Attack Constitutional
ity Of tho state Law Giving Soldiers
Preference in public Positions-case
of State Wide Interest.

The lawyers, the council, a commit
tee representing the appealers, and j.
II. Killmar, of the Barber Asphalt
Paving Company, threshed over the
paving controversy Monday night
and every interest is standing pat
The situation today is no nearer a
settlement than it was two months
ago, altho the attitude Of every inter-
est is more clearly defined and no fur
Their concessions are promised. The
situation, briefly summed UP. Is that
the Barber company will not concede
another point, a majority of the TWEEN
ty-six appealers are determined to
fight the assessments, and unless the
paving company agrees to permit it's
concessions to stand as they pertain
to $50 property owners, and to fight
the appealers, the whole situation will
revert to the point where it stood at
the time the paving was constructed.
property owners who have signed
waivers will receive no benefit from
the concessions offered by the COM
pany, which are contingent on accep-5
the assessments.
A committee from the appealers,
with two attorneys appeared before
$ho ,aH 1ou {erl, af fhn tn
vitation of Mayor Ingledue. Mr.. j. II.
Killmar, western agent for the Bar
| Der people, was also present, the con-
ference being called to obtain a gen.
eral understanding of the situation.
The appealers We're asked to explain
| what they were objecting to, in the
hope that a. settlement could be reach
ed. The mayor explained his attitude
as that of the council, to the effect
that If unjust assessments had been
levied, the city stood willing to adjust
| them and make reductions where they
We're just. He said he knew OF several
instances where the property owners
were entitled to a lower assessment
where cost of tmprc, ements exceeded ~
per cent Of the value of the property.
Messrs. F. L. Meeker and j. l.. Car
ney, representing a number of those
who have appealed, addressed the
council. both declaring that their
clients had nothing to concede. The
main point on which they We're fight,
| ing Mas the claim that the paving is
defective and not worth the cost
| charged against them. They argued
| that there was a clear distinction be-
tween those who appealed and those
who did not, and that the appealers
were entitled to greater concessions.
| This statement brought forth the
declaration from both the mayor, or
the part of the city, and Mr. Killma",
for the paving company, that the APP
pealers could not and would not re-
ceive any concessions not made to ev-
cry property owner. The mayor ern-
| phatically declared that while the city
stood ready to right any wrong, II
would insist that the man with $1O,-
! 600 residence and $500 worth of paw
ling was entitled to no more considera-
ton than the poor man.
Mr.. Mcdonald, the mayor and others,
| called attention to several instances
where there was something to adjust
| in the interest of several of those who
have appealed, but that it was not thu
man with a fine residence and corner
| lot, among whom We're the most siren
| uous kickers who is entitled to escape
| his paving assessments. The mayor
named A. N. French, A. T. Orchard, II.
q. Sears and j. f. Meeker as among
those who are fighting the assessments
| and he declared he didn't want to see
4 twenty-six men thwart the benefits Of
| fered to $780, This caused Mr.. French,
who was present, to ask why his prop
1 erty valuation had been increased II
not to make the property stand the
| having assessment, and Mr.. 1ngledEe
| said the valuation had been raised In
order to compel the payment of the
owners Just proportion of taxes.
Mr Killmar addressed the council
and said the company showed faith in
| it's work by agreeing to extend the
guarantee to twelve years. He said the
concessions offered here were greater
than made by his, or any other COM
pany, in any other city In the Cnltea
States, and he wanted the responsibili-'
| ty of defeating his proposition placed
| if at all, on the citizens and not on the
paving company, which was ready ID
defend it's work in court.
The lengthy discussions finally re-
suited in the appointment of COM
mittee, consisting of the mayor, Coun-
cilmen Psenicka and Iseman. to meet
and confer with the committee OF ap-
pealers It is believed a number OF the
appealers who may be entitled to re-
| duced assessments can be induced to
| Withdraw their suits, leaving only a
dozen or fifteen to wage a legal con-
test. The mayor and council hore the
Barber Company will sign the agree
ment of concessions now on file SD that
all except the few appealers will Sc
cure the benefits If this is not done
no one will benefit and there will be
/ litigation without end.