Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-05-19
Attorneys Disagree AS to De-
tails Of Settlement OF the
Litigation ! +.
sTIPuLATIoNs IN CONTROVERSY
Van Law and eoardman Fail to Get
Together in Preparing DEGREES, and
Argue Case in council-counciI
Will Leave Everything to Van Law
and Northup.

promised settlement of the dam cases
by reason of disagreement between
Van Law, attorney for the city, and
Boardman. attorney for La Plant, as
to the language of the stipulations
which were being drawn up. Mr.. van
Law insisted that the DEGREES in the
five cases of riparian owners, up the
river, which were brought to strength
en- the case of La Plant against the,
city, be settled in such a way as to
forever prevent them beginning the
same litigation anew. He claims that
the rights heretofore established by
the city were secured thru the medium
of the Marshall Ice Company, the suit
being brought in it's name, and hence
insists that in order to protect the
city's rights now, the stipulations
must recognize the rights OF the Mar
shall Ice Company. He also claims an
acknowledgement OF the states rights
since it was an intervenor and party
to the litigation now about to be set
tied. Mr.. Van Law wants the decrees
to show plainly the rights of all the
litigants. recognizing the same in ev-
cry decree, since the city has contend
ed at all times that others had equal
rights in the dam.
Mr.. Boardman claims that Mr.. La
Plant is ready to fulfill his contract
with the city. but that he has no con-
tract with any other party to the liti-
CATION, and that under the contract
with the city, as it now stands, The In
sists that Mr.. La Plant is dealing with
the city, and the city alone.
Mr.. Van Law does not ask that any
property shall be conveyed to any one
else but the city, but he insists that
the question is as to a confirmation
of the rights of everybody concerned.
He does not want to run chances of
accepting a stipulation from Mr..
Boardman which might refuse to
hold water like sieve when tested in
the future. He says that her has en-
tered into this settlement with the idea
of settling once and for all time the
litigation involving the dam, Its. main
tenance, the right to use the water
power, and the title to all the prop
erty connected with the operation of
the dam.
City Solicitor Northup thinks that
the attorneys will have no trouble get
ting together. He is of the opinion
that the ice company has rights that
should be recognized and that DEGREES
can be secured granting perpetual in
functions from all parties to the suit
lup the river interfering in any way
with the city, the ice company. SOL
diers' home, or any others interested
with MarshaIhoWn in the litigation.
Mayor Ingledue thinks that the city
should be vested with the sole right
to maintain the dam, and then, If 1t
so desires, can establish the right of
the ice company in the maintenance.
Mr. Van Law says that the ice COM
pany's rights has already been de-
clared, and that the city's case with
LaPlant was built very largely on the
ice companys interests In maintaining
the dam.
The final upshot Of the argument in
open council was that Mr.. Psenicka's
resolution was withdrawn, and the at
torneys were instructed to get together
and present their stipulations at the
next meeting, to be held next Monday
night.
The council expressed the sentiment
that, as a body, it would be guided
solely by Mr.. Van Law and the city
solicitor.