The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1911-09-10
Attorneys for the County
Pointed Out that the Club
Compromise" Was Really
NOT Any Compromise.
PROMPT ACTION WILL
BE ACCORDED APPEAL
From the Decision Rendered
by Judge Fox, the Attor-
neys for the County AS
sured Club Members.

The Commercial club through it's
special committee presented compro-
mise proposition to the county com.
missioners yesterday afternoon rela-
tive to the location of the company's s
tracks on the National road west of
the city in Wayne township The
com mittee in making the proposition
stated that it was it's purpose in pre-
senting the matter to hurry the settle
ment of the case and not have it de-
layed by long litigation in the supreme
court Mr.. Swayne, president of the
Commercial club, formally presented
the matter and introduced E. NJ. Haas,
chairman of the committee, who read
the compromise proposition which
was printed in last nights issue of
this paper.
After the proposition was read r.
ed up T. j. Study, one of the attorneys
for the commissioners in the county's
litigation against the T. H. l & E. COM
pany. Mr.. Study said that he believed
the commissioners had been acting in
good faith all through the controversy
but We're handicapped by not having le-
gal advice before making the original
agreement with the traction company.
Proposition Not Good.
He said he could not understand
why the club should present any prop
osition such as it had as 1t was not
as good as the terms the traction COM
pany had offered the commissioners
weeks ago. He said that he did not
think the traction company had acted
fair in the matter from the beginning,
and that the proposition that was now
being presented by the Commercial
club was ridiculous. He said that the
county's attorney and the commission
ers had gone over the matter thorough
ly and he believed that the CONNER
cial club was misinformed as to the
facts in the case; that the proposition
1t was presenting was compromise
on the part of the county and that the
traction company was not making any
concessions.
He stated that the appeal had been
ordered taken by the commissioners
and would have been filed before
this had it been possible to prepare
the papers, but that unless the COM
missioners ordered otherwise the ap-
peal would be filed Tuesday or Wed
nesday of next week. He said there
was no doubt about the county's right
In the matter, and there was no need
of ~
part of the county.
At this juncture Mr.. Haas arose and
attempted to show Mr. Study how the
county would be placed in an embar-
RAISING position if the supreme court
reversed Judge Fox's decision. A live
ly argument then ensued between Mr.
Haas, Attorneys Study and johnson
and Mr.. Swayne. Mr.. Johnson said
he did not wish to criticise the action
of the Commercial club as he believed
it was acting in good faith, but he saw
no reason why the county should pre-
sent any compromise proposition MIR.
johnson said that Judge Comstock, at
torney for the traction company, had
come to him on three different occa-
olohS anu 6u6GCStCu q SOAlpl OIliSC
that was better for the county than
the one the Commercial club now pre-
sented and that each time the com.
pany's proposition was put up to the
commissioners they had voted it down.
H. A. Dill, one of the committee ask.
ed Mr.. Johnson II he knew what po.
sition the county would be placed in
if A1
|cision of Judge Fox. Mr.. Johnson re.
Piled that it would be no worse than il
was at the present time; the work
would not be delayed, and the road.
way would be completed SO that il
could be used while the matter was
in the hands of the supreme court
He also stated that he thought the
matter could be advanced on the court
docket and the case rushed through
MIR. Dill then asked if the company had
agreed to move its tracks if the de.
cision was reversed. Mr.. johnson re
piled that the citizens still had some
rights and that in such event it would
not be necessary to consider the com,
pany.
Company Not Fair.
Mr. Johnson said that he did not
think the company had been acting
fairly with the county and that he
could guarantee that there would be
no delay in appealing the case to the
supreme court. Mr.. Swayne then stat,
ed that the club did not wish to inter
fere with the plans of the commission
ers, and if the board considered the
matter thoroughly and it did not see
fit to accept the compromise propo
sition of the club. there would be nc
criticism on the part of the club com
mittee. Mr.. Study then said that he
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