Omaha daily bee., 1906-05-01
JUDGMENT SUITS PAXTON
Piles Objection to a Rshearing in the
BARLEY Bond Case.
BURLINGTON ROAD HAS ITS TROUBLES
willing 90 Pay for Land Il wants, but
Unable 90 Persuade Court TO
Accept Money ON the
Appraisement.
CFrom a Star correspondent)


LINCOLN. April SC.-tspecial. )--william
A. Paxton and others, defendants in the
BARLEY bond case, in which the supreme
court has recently granted a rehearing upon
the application Of the attorney general. to-
day filed a motion in the court to vacate
the order granting rehearing Of the mo-
tion to quash the bill of exceptions; for
an order denying the motion for a rehear-
ing and for judgment adhering to the or
der quashing the bill Of exceptions and
affirming the Judgment Of the lower court
and argument in support thereof
The last time the supreme court passed
upon this case It held for the bondsmen
on the ground that the bill of exceptions
had not been properly authenticated by the
district clerk and sustained the motion Of
the defendants to quash. Attorney General
Brown filed motion for a rehearing and
this was granted. The motion and brief
filed by the defendants this morning is In
opposition to this order for a rehearing
The bill Of exceptions came to the su-
preme court in two volumes, and volume
2 did not contain the signature and en-
dorsement OF the lower court. as did the
, first volume. Because of this the defend
ants asked that the proceedings be auashed
and their contention was upheld.
The Burlington is having a hard time
extending its yards TO what used to be the
town Of Manchester. Judge Waters does
not know whether he ought to take the
BurUngtons money for the right-of-way
CT not. In the plans for enlafging the
yards west Of the city It has become nee
essary for the company to acquire title to
a large number of lots i'm what was once the
town of Manchester This is located sew
fral miles west Of the postoffice. At one
time a shoe factory was built there and
a number OF houses erected to house the
operatives. One day big windstorm came
= along and the factory sank to pieces. That
was the end of the town
When some spectators discovered that
the town lots were needed by the railroad
, company they formed little pool and
bought the equity of one Gobel in 1853 Of
the lots for $500. GObel had tried to get
the Burlington to give him 500, but the
rtght-of-way men refused few days
ago the railroad company had Judge Wat
ers appoint appraisers to fix value on
the lots, The appraisers figured that 50
apiece was about the right figure Then
there appeared on the scene w. E. Stew
art, representing the syndicate. Mr.. Stew
art asked. that the appraisers decide
Just how much was coming TO each person
interested in the lots. This brought TO
light enough complications to make a Phil
adelpiiia lawyer sit up and take notice
On some of the lots mechanics liens were
Wound. On others there was a mortgage
which had been paid. but which the mort
6agee will not release unless he is paid
something to reimburse him for losses on
the deal. on all Of them there are unpaid
taxes ranging from IS a lot to S. Mr.
Stewart appealed to Judge Waters and the
Judge held that he could not receive the
money until the appraisers said to whom
1t belonged His function, he held, is
merely to receive the money and turn II
over to the parties decreed to be entitled
to II. but the appraisers hold that all they
have to do is to fix the value of the lots
and that they are not required to sit as
judges passing upon liens of sundry claim
ants.
The railroad has thirty days in which tC
pay ever the money and the owners OF tn,
property sixty days in which to appeal
After the Judge accepts the money tn,
railroad is free to go ahead, but 1t car
not do so until he does take IT, There arr
legal remedies to get around this. however
-'rhe judge is hesitaitng about the matte,
because he does not wish to pay out tn,
money to the wrong person. The court
have decided that the person who own
property or has n right therein is entitIe,
to get his money therefor and. cannot b.
deprived Of II by mistake or otherwise
Mr.. Stewart filed protest to the who'll
proceeding ard this came near resulting
in a scene. The protest was filed with on
Of the judges clerks and the Judge refuse,