Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-01-06

| is all about. 1t has taken fifty years
| to discover that the land-own RS have
a claim for damages because Of the
dam and the question arises did the
land owners make the discovery or did
the lawyers.
1t Is to be regretted by the public
at large that II basis of settlement
agreeable to all property owners was
not reached so as to approach the
paving company for settlement of the
paving controversy out of court. altho
of course, every class of citizens is
entitled to act according to the best
judgment of its members. 1t had been
hoped that the appealers would waive
the question as to special benefits in
view of the fact that any concession
received on the price would tend to
diminish this excess above the benefit
to abutting property If any. SO long
as the law provides for the assessing
of paving costs to abutting property
instead of distributing such cost be-
tween the abutting property and the
municipality as well, the T.-R. has had
very little sympathy with efforts to
make the city pay for paving outside
Ol SpeClil anu lIluiNluudt iiiost va
which have already been adjusted by
the city. 1t has seemed good public
policy for the city to oppose this pur-
pose Of the appealers from the start
and the city ought to oppose it now
The appealers, however, are entitled to
the credit of having proved the de-
ficiency of the paving and to this eN-
tent their litigious efforts have con-
tributed a valuable public service. The
thing that finally brought the paving
company to consider terms, however,
was the 200 or more small suits In
prospect and there is some justice in
the mayors contention and Judge
Burnham's position that all should
now settle on the same basis.
II
If a concession of 25, 80 or so per
cent should be finally secured by the
mayors committee and the appealers
stay out they will have to do still 10
per cent better in order to come out
even, since their attorneys have
contract for Is per cent of the amounts
saved. If they should litigate and win
on the ground of defective paving. the
company could then sue for the actual
value of the paving and there would
be still more litigation with the city
over special benefits. SO. without
calling the appealers names, without
questioning their motives as citizens or
denying them the right to follow their
own Judgment in the matter. the pubic
at large regrets that some common
ground has not been discovered where
all can stand together in making the
Barber Asphalt Paving Company come
to terms, without spending more OF
the LAWYERS than it would cost to pave
the rest Of the town.
-
Mayor Ingledue's plan. Whereby
Judge Burnham has consented to act
as arbiter in the litigation between e.
Nv & Dunn and the city. shows how
interested and earnest the mayor is to
bring about an amicabe adjustment
He succeeded this week. after several
days of work, done quietly and without
the aid of attorneys. The lawyers were
only brought in when the stipulation
was ready to be drafted Judge Burn
ham will decide the case and counter
claim, on the evidence as presented be-
fore him at the last term of court, and
without the addition Of any further
testimony. The courts decision is TO
be final and no appeal will be taken d.
either side. When it is considered
that, no matter what verdict jury
might return, an appeal would be tax
en- to the supreme court, the full mean
ing of the manner of such q settle
ment as has been agreed upon, can be
had. 1t will be without further cost to
either side, and eminently fair to both
40
Another minister of the gospel is
announced this week to have decided
on a change of denominations. Fol-
lowing Rev. Mr. Pilot who forsook the
Friends to become a Baptist, Rev. Ar
thur b. Morris has become convinced
that he can accomplish more in the
Baptist church than in the United
Evangelical, which he has served
faithfully since he entered the minis
try, seven years ago. The Presbyter-
ians have gone into the Methodist
church for new pastor, so that
changes appear to be quite the vogu"
all around.
When Hon. John Cownie, chairman
of the state board of control, tells
newspaper man that everything is
more than satisfactory at the Soldiers
Home, it can be relied upon that af-
fairs at the big Marshalltown institu-
ton are conducted in a businesslike
manner The board made it's semi-an-
nual visit a few days ago, and took oc-
casion to talk with scores of members.
asking them as to what complaints
they had to offer. One old lady would
like to have the lights burn little
longer at night, but that is the only
criticism offered. Colonel Horizons
management of the institution is COM
manding much favorable comment ev-
erywhere and he is truly deserving OF
it.