The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1910-06-29
IN COUNTY COURT.
WITNESSES ;CECLARE TRACTION
co AGREED TO LAY TWO
TRACKS ON COMMERCIAL
Mayor Parsons and TWO Aldermen
Declare Former General Man
aeer Fischer Made Promise
Defense Opens Today,

Judge Dewey in the opening Of tne
county court yesterday morning gave
lis decision in the matter OF the ad.
mission OF testimony by witnesses
for tile city. tending 10 prove that
former general manager. l.. e Fsch-
ar, of the Cairo Electric & Traction
Co. and tie Cairo & St Louis Rails
road Co. THE Interurbanl had arthor.
lied the city authorities to assess
these companies for two tracks on
Commercial aYenre for the brick paw
ing, He ruled tlat the testimony
was admissible but that this paroe
evidence must he tiGited to the TINS
prior TO the preparation of the ord
nance No. 224 and barred any state
ments that may have been made pre-
yious to tn adoption of the franchise
ordinances l79 and 1870. unless such
statement had direct bearing on the
case.
The first witness TO have been call
ed Yesterday morning was Alderman
Nells, but being out of the city. City
Engineer Thistlewood was PLACED on
the stand TO answer an objection by
the Big Four railroad regarding the
alleged absence of catch basins in
the Commercial avenue improvement.
Mr. Thistlewood explained that all
each basins had been provided for
in the construction of the main sew
err and these would be put in when
the street paving was being put
down
Mayor Parsons was on the witness
stand for four hours which consumed
most OF the time of the morning
session and portion of the after
noon. His being before the court all
this time was not owing to the vol
ume of his testimony but to the fact
that the attorneys would argue al
most every point during the giving
of his testimony. Mayor Parsons tes-
titled that former General Manager
Fischer had authorized the city au-
tnorities to assess the compares for
two tracks upon Commercial avenue
before the estimate was made for the
Improvement In the cross examina,
ton of the mayor Attorney L4ansdeI
proved from the mayors testimony
Al nf M, in
ng any statement In regard to the
Commercial avenue paving, but that
he had done so in the case of the
Sycamore. Thirtyfourth, Walnut ami
Second streets.
Alderman Nellis stated that he had
heard Mr.. Fischer make the state
ment TO the city council that as soon
as the street was ordered paved his
company would put in two tracks on
Commercial avenue
Former Alderman James Meehan,
testified that he was present at the
time when the frontage petition was
presented TO the council. He heard
at this meeting Mr. Fischer say to
the mayor and members of the city
council that as soon as the city was
ready to pave Commercial avenue
both his companies would put in
tracks on Commercial avenue. When
asked by Attorney Leek where Mr.
Fischer was located in the council
chamber at the time, he said Mr..
Fischer was sitting beside the may
or. He also testified that General
Supt Mclaughlin was before the
Board OF Local improvements and
told the board that he had il =.
ions from the company to tell the
board that he had conference with
Mr. Fischer and that the companies
stood ready to stand Tor the paving
OF all the streets on which their
tracks were to be placed. That in a
conference with Mr. Fischer about
the company wanting sach long
switch tracks Mr.. Fischer said what
difference does it make how long the
switch tracks are when we are going
to put in a dougle track as soon as
you start to pave the street
Walter Warder testified that as
commissioner toapportion the assess
mentfcr the Improvement of Com
nlereial avenre he had done so and
had'sgone according to the ordinanc
and Instructions Of the mayor VINO
had told him that Mr.. Fischer had
asked to have the assessment maze
to cover one track for the Cairo
Traction Co. and one for the Cairo &
st. Louis Railway
Attorney d, S. i.ansden for the In
terurban, brought out and assessment
roll and asked Mr.. Warder to explain
the manner in which he arrived at
the assessment. In explaining that he
had teen instructed to apportion the
cost OF 10 feet equally between each
| road Mr.. Lansden asked what did
| you find on this street to assess be
| longing to the Cairo and st. Louis
Railroad. Mr. Werder stated did
not 20 by anything but the ordinance
| anil INV ingtrurtfnng from tha naVnr