The Cairo bulletin., 1910-06-28
MATTER OF DOUBLE TRACKING
COMMERCIAL AVENUE BE-
FORE JUDGE DEWEY.
TO RESUME CASE TODAY.
Several Witness Were Ready to Tc3
tify Yesterday, on Both Sides
Some Objections are
Overruled

The matter Of hearing t3e object
ions to the ordinance covcrinS mo
Commercial avenue paying was uo
before Judge Dewey yesterday in the
county court. The hearing was con-
Quoted in the circuit court room be-
ginning yesterday morning at
o'clock.
Objections were made by the Fig
Four railroad, the Cairo Electric and
Traction Co. and the Cairo and st.
Louis Railroad Co., (the Interurban)
The case was called some days ago
but was postponed on account Of a
contention raised by the city tlat a
verbal contract had been made by
former General Manager L. E. Fisch-
er previous to the adoption of the o..
dinance in which Fischer is said to
have Nomised to build two tracks
in this street and mad authorized the
city to go ahead and assess the Traa-
ton Co for one OF the tracks and the
lnterurban for the other. On account
vi 4nt- fi9tuSl Hpt DtihS HttSCut Ut
that time, the postponment was
granted.
The time Of the court was taken
up all morning listening to the ar
guments of the attorney on specific
points. Mr.. Leek, the attorney for
the city, made motion at the start
that the objections should be over
ruled, that they were not specific bu.
general in character, Although p J.
Kolb, for the Big Four, D. S. Lans-
den for the Traction Company, and
Mr.. Leek, argued the matter, after
which Judge Dewey sustained some
of the objections as being srrif;t- 80
specific and overruled others ani
granted leave to the attorneys until
o'clock to amend them.
In the afternoon Alderman Fred d.
NeIlis. witness for the city, TOOK the
stand to testify but his testimony
was objected to hy the opposing at,
toneys. Mr.. Nellis was excused IN
til the arguments on the admission OF
his testimony was made.
attorney Leek made Inc statement
that he would prove by Mr.. N2llls
and other Witnesses that when the
franchise ordinance was adopted that
General Manager Fischer told the
city council and the mayor that the
company wiuld put in the double
tracks at the time the street was
paved and later had told Mayor Par
sons how he wanted the assessment
made, the Traction Co to b. assess
ed for one and the Interurhan assess
for the other, and that he wanted
both assessments to come under the
10 year payment plan. Mr. Leek also
stated that had not such an under
standing been f.rrived at no ordi-
nance granting the company 90
year franchise would have been made
by the council, for this additional
track, as the company need not build
IL until the end OF forty-nine years
thereby preventing any other road
eAlll might want tltc A5C w tlilS oNiNN'
from enjoying the privilege.
Hon. John VI Lansden and David
s. Lansden, for the Traction Com
pany and Tnterurban, used the argu-
ment that no written contract hal
been made between the companies
and the city covering the Commercial
avenue paving ordinance, that their
franchise was very plain that this adj
ditional track could be put down a
any time the company saw fit TO do
50.
The arguments were closed at e
O'Clock and the court took the ques'
ton under advisement until tomor,
row morning at . o'ciock.
Former General Manager Il. h.
Fischer of tn eroad arrived yesterday
|'and was in readiness to testify II
called upon, as were Mayor Parsons,
Walter Warler, p, G, Scullin, WIZ
bur Thistlewood, Genl Srpt, Nc
Laughlin and others.