The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1910-06-12
Says It Was Evident There
Was a misunderstanding
Between c., c. & L. and
South Side Imp. Assoc'n.
CROSSING FIGHT TO
BE STARTED AGAIN
Improvement Greatly Desired
by South Side People, Who
Are ConsoIed by Escaping
Appeal of Case.

In making his decision In favor Of
James P. Goodrich, receiver for the
c.. c. & l.. railroad company in the
matter of cancelling the order of the
county commissioners relative to the
opening Of the South N street cross
ing, Judge Henry c. Fox of the circuit
court stated that he did so. not be-
cause he did not believe the crossing
should be constructed, but because it
was evident that there had been mis-
understanding between the railroad
company and the petitioners from the
start.
Time will be saved, the court said,
in having the matter threshed out
again. If he had sustained the con-
tention of the petitioners, as he in
dicated he would have done, had the
misunderstanding between the parties
not been apparent, Judge Fox said the
receiver for the railroad company
would have appealed the case to the
supreme court where 1t would have re-
mained for at least two years before
any action was taken. This is due to
the vast amount Of business always
before the court.
Railways Contention.
The contention of the railroad COM
0ffinorc xs,os hot
cation Of the tendency OF the action,
when in the commissioners court, was
served. The only service obtained on
the company was by publication. The
railroad company had known for sew
eral months that a petition would be
presented for the opening of the
street. 1t was an understanding be-
tween the counsel for the company
and the attorney for the South Side
Company. which was the
petitioner for the opening, that moth
ing was to be done until after the sale
of the road by the receiver.
In December the petition was pre-
sented to the commissioners. 1t was
signed by more than fifty members Of
the Improvement association. At the
of the attorney it was not
acted on, but placed on file, where it
for several weeks. In
March the petitioners became anx-
ious over the matter and without con-
sultation with their attorney directed
County Auditor Coe to present it at
the March meeting Of the county COM
The due process of ad-
vertising and the like was gone
through with and as no objection was
raised by the railroad company, view.
ers were appointed, who subsequent
ly reported in favor of the improve
ment, and it was ordered constructed.
Trustee Was Restrained.
Township Trustee Howarth, to
whom the matter was then referred,
was instructed to proceed, but before
be had done so was advised by the
'ailroad company's attorney to delay.
This he did until the petitioners again
became excited. and on advice of his
attorney Mr.. Howarth started opera
ions, only to be stopped within an
hour by temporary restraining order.
The session of the circuit court yes
.erday was attended by nearly all of
he petitioners. They have anticipat-
I'd decision in their favor and were
1ot a little perturbed over the courts |
action. They say the company will
lelay in every possible way and pre-
rent, il possible, the reappointment
# viewers and construction of the
:rossing. They anticipate a hard
light to get the crossing which will be |
# vast Importance to the National
Automatic Tool Works company.