The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1910-06-29
in COUNTY COURT.
WITNESSES ;EECLARE TRACTION
CO AGREED TO Law TWO
TRACKS ON COMMERCIAL
Mayor Parsons and Two Aldermet
Declare Former General Man.
aoer Fischer Made Promise
Defense Opens To-day.

4
| county court yesterday morning gave
ais decision in the matter of the ad.
| mission of testimony Wy witnesses
for tie city. tending 10 prove that
| former general manager, l.. + Fiseh-
ar. Of the Cairo Electric & Traction
| Go. and the Cairo 4 st, Louis Rais-
road Co tthe mterprbanl had arthogs
| lied the citg authorities TO assess
| these companies for two tracks on
/ Commercial avenre for the brick paw
| ing. He ruled tlat the testimony
/ was admissible but That this paroie
evidence must te iiEited to the Tins
| prior TO the preparation of the ord
4 nance No. pa and barred any state
ments that may have heen made pre-
yious to the adoption of the franchise
| ordinances lT9 and $50, unless such
statement had direct bearing on the
| case.
| The first witness to nave been cali
| ed yesterday morning was Alderman
| Nellis, but being out of the city, City
Engineer Thistlewood was PLACED on
| the stand 10 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
| ca eh basins had been provided for
in the construction of the main sew
er 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
| titled that former General Manager
| Fischer had authorized the city ALL
| tnofities to assess the compares fot
two tracks upon Commercial avenue
before the estimate was made for the
| improvement. In the cross eXamina
| ton Of the mayor Attorney Lansien
proved from the mayors testimony
that Mr.. Fischer had not put in writ.
ng any statement in regard to the
| Commercial avenue paving but that
he had done so in the case of the
Sycamore, Thirty-fourth, Walnut AMI
Second streets.
Alderman Neliis stated that he had
heard Mr.. Fischer make the state
lment 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 MFR
Fischer was sitting beside the may
or. He also testified that General
Supt Mclaughlin was before the
IBoard OF Local improvements and
told the board that ne had Ii ~
ions from the company to tell the
board that he had a conference with
Mr.. Fischer and that the companies
stood ready to stand for the paving
of all the streets on which then
tracks We're to be placed That in q
conference with Mr. Fischer about
| the company wanting ssch long
switch tracks Mr. Fischer sail what
difference does it make how long tha
switch tracks are when we are going
to put in dougle track as soon as
you start to pave the street.
| Walter Warder testified that as
| commissioner toapportion the assess
ment fer the Improvement Of Com
| nlereial avenue he had done 50 ana
4 hadssgDna according to tine ordinanc
| and Instructions of the mayor WING
had foId him that Mr.. Fischer had
/ asked to have the assessment maze
| to cover one track for the Cairo
Tracti CO. and one for the Cairo &
st. Louis Railway
Attorney D. s. Iansdan for tine III
terurban, brought out and assessment
roll and asked Mr.. Warder to explain
the manner in which he arrived al
the assessment In explaining that he
had Leen instructed to apportlon The
cost Of - feet equally between each
road Mr.. Lansden asked what die
you find on this street to assess be
longing to the Cairo and st. Louis
Railroad Mr. Werder stated / di-
not 90 by anything but the ordinance
and my instructions from the mayo
as previously told
Court adjourned at 6 o'clock unit
this morning at $50 o'clock when the
examination of witness will be con
tinued.