Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-02-13
YELL THAT COURT
HOUSE S||E FAILED
Litigation Would Doubtless
Have Followed Attempt to
Hold Meetings There
ORIGINAL AGREEMENT FOUND
Document Between Board of Supervis-
ors and Henry Arson Is on File in
Auditors Office REIMBURSEMENT
Also Found Opinion Shows No
Rights for Private Purposes.
ORIGINAL AGREEMENT FOUND

Rights for Private Purposes.
It is probably better for the Mar
shalltown Evangelistic Association,
and all others concerned, that the de-
sired court house square site, for use
OF the Sunday tabernacle meetings.
was not secured and that the asso-
citation deemed best to take another,
Il not quite so central, location for the
meetings.
Developments that have just arisen,
In finding the original agreement be-
tween the county and Henry Anson'
on file in the auditors office: the docu-
ment showing the REIMBURSEMENT OF
citizens owning fronting and adjacent
property, giving their consent TO the
use of the land for court house puf-
poses; and an unofficial opinion from
the attorney generals Office, to the eff
feet that the use of the court house
land might be granted temporarily Cor
public purposes, but that the incor-
poration Of the evangelisltic association
classed it as a private enterprise. all
go to show that litigation, and prob
ably expensive litigation would
doubtless have arisen had the court
house square been used, despite the
4 action of the city council in putting
= string to the associations occupancy.
The Original Agreement.
The original agreement between the
board of supervisors and Henry An
son is as follows:
cit is agreed between Henry Arson
and Marshall county, that Arson VIII
make d conveyance to the county OF
( the square in the city Of tMarshalltown
lying between Main and Church streets.
north and south, and Center street and
First avenue east and west, by a deed
OF special warranty, Warranting that
( he has not encountered or conveyed the
same otherwise. Which conveyance IS
for the purpose of a court house ana
4 county purposes. of not less than
100000 in expenditure, and to be made
when the city Of Marshalltown shall.
by its council, release and relinquish
+ the public right to said land, and con-
sent to such use, and the adjoining
property owners abutting the above
streets shall give their consent there
to. Upon making which conveyance the
county will pay said Arson $1,000.
'In witness whereof the county by
It's board of supervisors, now In ses-
sion, and the said Arson, by himself,
have affixed their hands the 21st day
OF June, IA D. 1881. (Signed)
..WLLLIAM III. WEATHERLY,
! GEORGE A. TURNER,
s'R. III. ARCHERD,
TENDERS of the Board of Supervisors
of said county
"HENRY ANSON."
Property Owners REIMBURSEMENT.
On file with the agreement is the re-
linquishment of the owners of abutting
property which follows:
1--WE the owners and occupants of
property fronting, and adjacent to, the
streets surrounding, the plat of ground
known as the public square in the city
! of Marshalltown. hereby consent to the
use of said square by the county of
Marshall, for the purpose of erecting
thereon a court house.
(Signed) G. w. Meme ely & Co., The
City Bank, by James, S. Williams,
cashier; James S. vvilliams, John
Turner, Mcbride & Will, Pappe Bros.
Henry Forney, L. Armoruster Cooper
Il Speers, H Colyer, Abbott & Knise-
ley, J. P. woodbury., George Click,
Ketchum & Johnston. George Whitton.
Coburn & Rewey, w. e. -vickory, o.
L. Binford, j. b. Statler, j. e. Henri
ques, David Parrett, J. W. Hambel,
George Staat, C. q. Boar oman, trustees,
= wy = 1000 L i0f
trustees, chairman OF board of trus-
tees. M. E. Church: N. w. Wood, tr'ls-
Ntee. NJ E. Church; Henry Matter,
church.
An Unofficial Opinion.
In view of the fact that questions
might arise if the court house site was
chosen, County Attorney Egermayer
made request for citations in similar
cases from the attorney generals Of
flee. Assistant Attorney General Will
cox, in an opinion that, however, is
not in any sense to be considered Of
fetal, says:
aThe board OF supervisors has au-,
shortly to grant the temporary use of
the court house grounds for a public
purpose and the erection of a tempor-
airy structure, provided the manner In
which the said structure Is erected, It's
location and use shall not interfere
with the public business transacted at
the court house, but such right, if
granted, must be merely naked priv
iiege, subject to revocation at any
time the public interest may demand
or the board may deem advisable, as
the board would have no authority to
bind the county for any definite length
Of time, MOI. to subject the county to
any liability whatever, in reference
10 the erection or maintenance of the
structure so erected; that the articles
az Incorporation of the evangelistic as.
ISOLATION tend to show that the priv
ilege asked is for a private purpose.
NEW CARD ISSUED.
Time Of Nearly Every Passenger Train
on C. G. Unchanged After Sunday.
After one minute pass midnight, Sat-
,,rf1av night. or 1901 Sunday morning,