Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-03-11
DECREE N PAVING
CASE IS ENTERED
Morgan Wins Victory Over
City in Litigation Over
Paving
COURTS ASSESSMENT PAID
Judge Bradshaw Fixes Time of Enter
ing Decree to Be the Date From
Which Penalties and Interest Accrue
Morgan Escapes These by Paying
Up at Once-Costs Piled on City.
COURTS ASSESSMENT PAID

A decree, carrying into effect the
opinion and finding of Judge c. B.
Bradshaw in the Morgan paving case,
which was handed down Tuesday
morning, was entered late Monday aft
ernoon and filed this morning. The de-
cree differs in only one material point
from the opinion, which has been
changed on Judge Bradshaw's instruc-
tions to conform with the decree.
The decree fixes the amount of the
assessment for the asphalt paving
against the property at 1896. reduc-
ton Of $264.2O, or 40 per cent from the
assessment made by the city council
The date when interest and penalties
on this assessment begin to accrue
is the day on which the decree was
entered. In this respect the decree diff
fers from the opinion Judge Brad
shaw acknowledged his error in the
opinion in fixing the date Of the or
iginal assessment as to the date when
penalties and interest on the assess
ment he made should begin. This
would have added approximately $500
to the assessment.
To escape either penalties or inter-
est. b. A. Morgan, representing his
mother, in whose name the suit was
begun. paid to the county treasurer
1896 in gold, the amount of the assess
ment, as soon as the decree was en-
tered. The city, according to the de-
cree, will pay the costs of the litiga-
ton. Judge Bradshaw allowed j. D.
Wardell, Of Cedar Rapids, paving eX-
pert, 81 day for his services as
witness at the hearing. The question
Of the compensation of this expert hav-
ing arisen, it was determined by the
Judge, and made part of the decree.
Wardell filed bill with the city for s25
per day for two days, also for hotel
and travelling expenses amounting to
nearly $40.
Logical Deductions From Opinion.
Judge Bradshaw's decision in effect
has held that corner lot like Mr..
Morgan's may be assessed for 108 feet
of paving. but above that amount the
cost would be excessive, from which
it can be reasonably assumed that no
appealer has any show in his court on
the question Of special benefit unless
he has more than 1913 feet of paving
tax assessed against him. This fea-
ture of the decision is somewhat dis
to the appealer's attorneys,
even tho the effect of his decision has
been to hold that the city must pay for
all paving on corner lots In excess Of
108 feet He also disposed Of the ques-
ton of non compliance with the con-
tract by holding as to that specific
piece of paving that there had been
compliance, which under
years of wear had stood up in good
shape, So unless other pieces of paw
ing can be shown to be much worse,
there is little hope for this contention
in his court in other cases. Many of
the appealers will now bring new suits
in equity to reduce the amount of the
assessment, rather than to set aside the
assessment, and it will be up to the
city council to settle with corner lot
owners or meet an endless and expen-
sive litigation.