The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1909-11-20
GARY MEN
SET BACK
Other Banks Holding Bonds
Not at All Worried as to
Final Outcome.
(By stan CorrespOnaent.,

(By StaR COrrespondent.)
Crown Point. Ind. Nov. 2o-The su-
preme court OF the state of Indiana late /
Thursday afternoon decided that the
law for building gravel roads by taxa
tion is unconstitutional The decision /
is not limited to declaring the invalid |
ity of the three mile law" but applies |
to all provisions of the amended high
way act of 1905. which authorized free |
gravel roads to be paid for by taxation |
levied on all the property In the town
ship instead of assessments on the |
lands benefited.
The news OF the decision 0f the su-
preme court reached Crown Point yes
terday at noon and could a bomb have
exploded in the county courthouse it
could not have created more excite
ment than was the case.
OFFICES BEsIEGED.
Today the Offices Of County Treasurer
Albert Mack and County Auditor
Charles A. johnson We're besieged with
contractors who are now constructing
more than a score of different high
ways in the county, besides bank Of
fcials and representatives OF the var
ious bonding companies have purchased
the bonds on the road Improvements,
who were eager to learn In just what
way the ruling of the high court would
affect them.
The decision Of the supreme court
was not generally known throughout
the county unfit It was read in THE
TrxEs last night Those who were af-
fected by the decision. who were not
able to journey TO the county seat to-
the telephone to confirm the story that
had been sent broadcast throughout the
county by TIE TIMES last night.
WHAT TT MEANS.
The Interpretation of Judge Jor-dan's
decision viii mean exactly this "
1. That the construction work on
sixteen separate gravel roads in Lake
county built under the three-mile law
will be stopped at once and will re-
main IN their present condition indefin-
itely.
. That the county treasurer has
been ordered to stop the payment of all
warrants for the construction of said
gravel roads.
5 That at least twenty petitions for
new gravel roads in Lake county pend
ing under the same act, In which case
some of the contracts have been award
ed and bonds issued but not sold, will
be invalid
l.. That unless there is some loop
hole whereby they can get around the
decision of the supreme court, the tax
levies OF the county will have 70 be
changed as the tax duplicates which are
now completed for 1910 contain the
gravel road tax included in the other
taxes
SUBJECT TO Loss.
5. That all banks and bonding COM
panies who have purchased the bonds
for said gravel road improvements since
the law was enacted in 1905. whether
the roads are paid for or not, are sub
ject to the loss.
s. That contractors who have only
received part payment on their con-
tracts. no matter how much money they
now have spent on the roads. must
wait indefinitely until the case IS set
tied.
The supreme court decided that the
law was invalid because it only author
ICES gravel roads to be constructed by
taxation. "on a petition signed by fifty
or more freeholders and voters of any
township = which includes any in
COTDOFaLSQ CITY OF LOWi A+AS q k5SRN-
lation of less than thirty thousand in
habitants" This provision is held 10
make the law a special act.
JUDGE JoRDAN's STATEMENT.
Judge Jordan said: These require
nents Of the law mansfestly exclude
nrst. every township which does not
have an incorporated town or city
with a population OF fewer than thirty
thousand; second. every and all town
ships which have no incorporated town
or CITY whatever Can 1t, with
any color of reason, be claimed that
townships. wherein there is an ineor-
porated city of less than thirty thou
sand inhabitants, are in class by
themselves, so as to afford reasonable
basi s for making law applicable to
improving highways applicable tc
them? -
Certainly such q classification Is
not a natural or reasonable one. It can
not be said to inhere in the suhjeci
tContinued on Page seven.)