Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-12

to impress upon you is that your
dilatory actions-you failure to act,
had held up the litigation of the
mayors gas ordinance over two terms
Of court.
They Caused the Delay.
while you were waiting to make up
your mind our lawsuit was standing
still, and for this delay from last May
to last December, you, and you alone,
were to blame.
sSince that time the United States
court has held no term. In other
words, you have never given your at
torneys chance to try this lawsuit.
.Furthermore, you have failed and
refused to furnish them any money to
carry on the fight. You can't expect
attorneys to furnish the city money to
litigate with.
"The next term Of the United States
court is in May-which is the first
term at which it was possible for the
case to be tried after the franchise
matter was determined. The rest of
the term we were waiting for you to
act.
Eat the May term the validity Of the
present ordinance was to be tried out.
Witnesses had been arranged for, and
and everything was ready for trial
at that time.
Furthermore, the validity of the tenn
porary injunction itself was to be test
ed by demurrer and motion This
was by special arrangements. This
was to be done at Ottumwa, at the
term beginning there March 2s,1910,
The case could not be fully tried at OF
tumwa, but the attorneys on both sides
had agreed to a hearing as to whether
IL in,
Or if valid, whether it should not be
modified to the extent that the excess
between the present rate and the ordi-'
mace rate should be deposited in some
bank until the litigation was determin-
ed.
But all these arrangements We're
absolutely rendered useless by your
hasty and unwarranted action in re-
pealing the ordinance, the validity OF
which we were endeavoring to test.
He then complained that the city
attorneys advice had been ignored but
reminded the councilmen that they had
employed the lawyers and he would
pass responsibility for it. Continuing
he said:
Il am no lawyer. but I can certainly
see that when we are endeavoring to
enforce rate ordinance, and the city
is enjoined from doing So that 1t is
suicidal to repeal that ordinance and
pass another just like it. Furthermore
| it is an implied admission that our
first ordinance was wrong. It's step
ba edward. and there is no escape from
this conclusion.
"All this you have done without con-
sulting the attorneys in charge of the
case. and against their protests and OBJ
jections.
Some of you claim to have objec-
tons to one Of your attorneys. But
you raise no objection to the city So
licitor. and yet have acted contrary to
his advice AS to the other attorney,
one of your number. at the instance
| of an editor that had a personal and
petty spite to satisfy, filed certain op-
| iections But on the day appointed TO
take the matter up-not one OF YOU
not even the councilman that filed the
Iobiection-came forward and said one
word.
.sThe chairman Of your judiciary noti-
fed YOU 70 be present, and not one or
you appeared.
There has not been one word OF crit
ieism or complaint of what your at
torneys have been doing. You can't
blame them for waiting for you 10
make up your mind when the franchlse
matter was hanging fire.
| Nov this attorney matter IS not
material to me at all. You hired these
lawyers and made the special contract
with them If they have not and are
not keeping their agreement-settie
| that with them. Don't offer resolutions
at the request of a newspaper editor.
| and then stay away from meetings~of
a committee appointed to consider
same.
Wrong on Paving Too.
What l am driving at is that there
| is no possible reason or excuse for re-
pealing my gas ordinance and enacting
another just like it. What / want to
| make clear and plain to you is that you
are doing now just what you have al
ways done-you are losing time. You
are doing now just what you did in
CONTINUED on Page 10)