Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-12-10

easements, In order TO secure a settle
ment, and W. the expense Of further
litigation. Mr.. Gregory's resolution
however, met with opposition, ant
Mayor Ingledue announced that he
could not consent to slch a plan. Ac.
ton on the resolution wa deferred an
other week.
G~resory's Resolution.
Mr.. Gregory's resolution follows:
1"Be it resolved, that, for the pur-
pose of securing a settlement of the
paving cases that have been appealed
from the assessments made, and saw
ing the. expense Of litigation of said
cases by the city, that the judiciary
committee is hereby authorized to al
low the appealing parties 20 per cent
Of the amount of their paving assess
ments for the public benefit and to
make settlement with Them on this
basis"
Clark Says Not Much.
Clark was the first to oppose the
plan. He said he had paid for his
paving, and he did not think he ought
to be compelled to pay for his neigh
boris. He thought there was a prin-
ciple involved, and he did not consider
1t safe to establish a precedent. Some
one, he declared, would always be bob
bing up with an exception to some as
sessment, and by adopting this resolu-
stfon the council would have already
committed itself.
Good also thought the plan unWise.
Gregory Explains.
Gregory explained his resolution.
The city had already tried two cases.
the Brown and Calhoun. They cost
$219.05 and $192.25, court costs, to say
nothing Of attorneys fees, which ag-
,gregated as much, If not more. Each
decision, he said, had gone against the
city, and there vas reason to believe
all the others would go the same way.
Gregory asked Clark Il he wouldn't
rather pay 20 per cent on another
mans pavement than that much or
more Of the cost Of the paving, spent
In litigation. Gregory said 1t had been
suggested to him by a member Of the
council that his resolution was in the
light Of paying a premium on kickers.
This was true, he said, to some ex-
f tent, but the courts held that they had
a right to kick.
Summing up Mr.. Gregory stated that
he considered 1t preferable to remit 20
per cent than trying the cases in
court and paying out more than the
20 per cent in court costs and attor-
neys' fees.
Mayor Takes Another View.
Mayor Ingledue took another view
in opposing the resolution, and began
by saying he wouldn't know how to
had waived, II such an action were
authorized by this council.
The mayor then went on to explain.
Over one-half Of the forty-two original
appealers had signed waivers on GER
tain conditions and remittances of
penalties, etc, and the same PROPOSE
ton was, at the same time, put up to
the remaining eighteen who refused to
take advantage Of the discounts. There
was a distinct understanding when
these people settled out of court that
no better settlement would ever be
forthcoming. Now" said the mayor,
"if We W offer 20 per cent off to
the remaining eighteen I firmly be-
lieve 1t would set aside the settlement
already made with the others. l feel
that I have an obligation to those peo-
pie in making that settlement, AND I.
could not let this council go ahead
with some other kind Of a settlement
without registering a strong objection.
Il believe Mr.. Ciregory's motives to
ebe the purest, and that he has but
one thought-that Of getting away
from and saving expense in litigation.
At the same time I think such a set
tlement would be disastrous to the
city. II there is amy more settling to
be done, take up the cases Individual
ly. If you think there has been an in
Justice done in the assessment, right
it, but do not make a sweeping reduc-
ton. I think that would be the
wrong thing to do, and l would oppose
1t to the end"
Doesn't Look for Trial.
City Solicitor Northup, when asked
his opinion by the council, said that
he never had felt, and did not now feel
that the cases would be tried. He
thinks that both the appealers and the
Barber people are ready and anxious
to settle. He considers that the city
is interested in the cases only from
the standpoint of special benefits. ans
not in whether or not the contract was
complied with on the part of the paw
ing company. 1T is up to the Barber
people to do that" said the city at
All members of the council We're
ready to defer action, and the resolu-
ton will probably come up for final
disposition next Monday night.
BIG FARM SALE.
Live Stock. Grain and Implements of
B.. B. Thomas Bring Over $1,000.
Ono IF tho JarpYaSt and most succesS-