Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1908-10-15
LONG LITIGATION over DRAIN
IS SETTLED in A BIC HURRY

claimed that he also expected Robert
Wagner to DC a surety. but that Mr.
Wagner scratched his name off the
bon'! after he had signed it.
When the work had progressed to
Fourth avenue, Mulhern became in
viewed in difficulties, and was unable
"a complete the work. Schnell, as
the bondsmaI, became responsible,
and took ovac the contract Nevin con-
Ill u.lg in charge of the actual con-
stfuction.
Fraud is shown.
Then came charges of fraudulent
woIk. faulty brick and poor cement.
followed by indictments and convic-
tons in the circuit court, reversals in
the upper courts, accompanied by re-
Dukes of the lower courts, etc,
and there were further charges of
graft and fraud, and this continued
sor some time. The history of these
developments is still fresh in the
lair dis of most of those who resided
mere at the time.
The city refused TO settle for the
work, on the ground that it was not
according to contract, in that the ce-
;neDt was Of an inferior grade and the
bricks not up to requirements
Finally Schnell sued the city, the
sum of $4,000 being the amount
tanned in the suit, following the Gus.
tom to sue for an amount somewhat
larger than the actual claim, which in
this case WAS about $4,000, and the
interest. The city fought the case
ana when 1t finally came to a hearing
lh the circuit court, the city offered
TIE defense that the city had exceeded
Its constitutional limit of taxation. and
therefore the contract was void This
defense was promptly sustained and
lie suit was dismissed
Injunction is E'iIcd.
J Then Schncii and Henry Tanpendori
filed q suit to force the city to make
settlement An injunction bill, tC
restrain the city from paying out an!
money, and ID compel the repayment
i 10 the city O. certain amounts paid
'"Ii after the city had exceeded thG
constitutional limit OF taxation, was
FLED. and liter demurrer 10 til.
original bill was sustained and the bill
dismissed, an amended bill was fled
After the hearing. Judge Gest in tht
circuit court dismissed the suit, oil
lie grounds that the complainants hat
rested too long on their rights. an(
had forfeited al claim on the ground
set up in The bill. This case went t.
the supreme court, and that tribuna
| ruled against the city, and the case
came back 10 the circuit court for +:
bearing on its merits. The city onc'
iAuTe took up the technical figh
against the suit and the matter ha
been pending in the circuit cour
since, until the present time. 1t cam
rack here about year ago.
Chicago Man Sues.
In order % protect the SchnelI-Taf
lpenjorf suit in which there was tn
defense thai the compliments ha
rested on theil rights and could hav
{ so standing III court, H. A. Weld an,
he associates at that time as attol
neys for Schnell, began a second con
pick suit designed 10 check the expeT
,diture of municipal revenue unit
Scbneil was paid. suit wit
Edgar F. Olson of Chicago as the con
! r'ainant, the explanation being tina
: Nj Olson was not a resident here an
5 had rot been property owner NOR
, than a few years. and so could not b
claimed to have rested on any right
he may have had
This suit. however. like TN Schnel
: lappendorf sGit. was decided here
] the city's favor. and it, too, went Il
| 10 the supreme court. 1t went int
s he supreme court at the June teri