The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1910-09-08

Strenuous efforts are being made
by the Board of County Commission
ers, TO compromise the Court House
litigation between themselves, and
Arthur w. o 'Keefe as one party and
Jacob S. Ness as the other party.
Yesterday afternoon the board con-
sdered two propositions, one from
Jacob S. Ness filed Wednesday and a
counter proposition from Arthur w.
O'Keefe filed at : p IN. yesterday af-
ernaan. Both propositions are for COM
promising the famous Court House
case. to dismiss the litigation and al
low the repair of the building TO pro-
ceed. The Ness proposition is that
he be made exempt from all court
costs, and that O'Keefe be allowed
to complete the repair work, provided
he do the same for the amount named
i'm the lawest bid on each part of the
contract, of the lowest responsible
bidder. O'Keefe sees unfairness and
submits counter, offering 10 pay all
court costs, providing he be allowed
to complete the work as per his orig
inal bid. The following are the prop
ositions, which the board is trying
this afternoon to compromise.
Proposition of Ness.
To the Honorable Board of County
Commissioners:
Since the decision was rendered
by the Appellate Court, of the State
of Indiana, reversing decision Of the
Marshall Circuit Court, in the case
of Jacob s. Ness versus the Board
and Arthur w. O'Keefe, my attOr-
neys and myself have been spoken
to by two members of the board and
by various other persons, all for the
purpose of seeing if it would be poss-
ible in the interest of county affairs
to settle and compromise this suit
and all other actions growing out OF
it. | have thought over the matter
from every standpoint, and have con-
cluded that if your honorable Board
and Mr.. Arthur w. O'Keefe deem
the following offer accountable, | will
cause the following action 70 be
taken. If the matters involved, can
be settled soon.
Upon the return of the above NAM
ed case for a new trial in the Mar
shall Circuit Court, and II all the
money expended by the county on ac-
count of the litigatiOns of this suit
and all damage done to the Court
House by the elements, on account OF
the torn up condition, be made good
to the county, and if / be made
whole for all costs, expenses, and pay
ments of money E-ade by, and mcurr-
ed by me, on account of such litiga-
ton, and all damages waived against
my bond for injunction, on account
of dismissing this case, and If writ
ten agreement be entered into, EN-
bracing all OF the conditions. ana 1t
be further agreed, that the work of
remodeling tie court house be COM
pleted i'm accordance with the plans
and specifications under which the
work was let for a price not to eX-
ceed the lowest responsible bid, on
each item, in the approved form OF
bids, and on each specification of
each item. then | will dismiss the
main action, and all suits growing
out of it, whenever the caurt costs
on all suit sar epaid.
Meaning by this offer that the
county and myself must be made
whole and that the work must be
done at a price not to exceed the low
est responsible bid on each item, and
on each specification thereof, and that
al damages for destruction be paid
to the county and damages on the
injunction bond be waived, and | do
this solely for the benefit of the
county. so that the Court House may
e speedily repaired. and saved from
further damages.
Jacob Ness.