The Richmond palladium and sun-telegram., 1912-12-16
INJUNCTION SUIT
is VEkUEO HERE
Jay County Case Involving
the Drilling of Oil Will
Be Heard Here.

An Injunction suit which was first
instituted in Jay circuit court then ia
ken to the Randolph circuit court was
filed in the Wayne circuit court this
morning on change of venue.
The complaint is that of Jacob Boni-
fas versus Homer Pontius, ct al, al
leging that the defendants have hauled
heavy wagons loaded with crushed
stone and building material on the
plaintiffs land and have threatened
to erect a large building on the plain
tiff's land and to install machinery to
pump oil from that land and that own
ed by others in Jay county.
The purpose of the defendants ac-
cording to the complaint is to drill
oil wells on his land and to pipe the
oil from the wells to the proposed
building.
A temporary Injunction was grant
ed by Judge J. Moran of the Jay cir
cult court and the case was then ven
ued to the Randolph court After some
discussion a change of venue to the
Wayne circuit court was asked and
granted, by Judge James E. Engle.
amount of $1,000 and that a perma-
nent injunction be ordered.
The removal of the interurban
tracks from Glen Miller park and a
discussion as to the justice of opening
South Seventh street from J to L
street were the only matters taken up
by the board of public works this
morning.
Mayor Zimmerman stated that he
would have the tracks removed from
the Glen during this administration,
and ordered City Attorney Gardner to
notify the Terre Haute, indianapolis
and Eastern Traction company that as
soon as the turn out" at the corner
of North Twentieth and f streets was
completed the company should keep
its cars out of the Glen, and that the
tracks should be removed as soon as
possible. 1t is hoped by the city Off
cials that the company and people
of Richmond will be satisfied with this
decision.
In behalf of their own interests Har-
mon SWicker and his wife appeared
befort the board to induce them either
to give them a larger sum of money
for their ground, condemned for the
opening Of the street, or to put the
street through at this time. Today was
the date set for the final assessment
hearing and remonstrances were in
order. Fifteen other residents of the
neighborhood of the proposed street
were present to indorse the movement
to have the street put through.
Julius Karcher, one of the signers
of the petition for the street, wrote a
communication to the board stating
that he did not know of the hardship it
would be for Swicker and asked that
his name be taken from the list of
signers.
Asks For Justice.
Swicker does not believe the board
is treating him fairly by giving him
only $1,000 for the land which is 597
feet long and as feet wide. He is as
sessed 5000 benefits for the opening
of the street. Il would not accept ST.
600 for the land as a real estate deal
and would consider that $4,000 was not
too large a sum for the city to pay
me If the street is run through the
property. At the present allowance for
my ground | will have to pay all the
money received for the ground to
make the street. and then mortgage
my home for 200 besides. | will also
have to lose my fruit trees and move
my barn. explained Swicker Il do
not ask charity nor do l want pity.
What am here for is justice and that
l demand. If l cannot obtain it here |
will take it to higher court"
In Swicker's behalf B. B. Johnson
spoke to the board and declared that
while he was a member of the board
Of works the same question of opening
this street came up. At that time the
administration decided that it would
be unfair to the properly holders to
make an assessment large enough to
pay for this improvement and the ben
eft to the city was not large enough
to grant that the city pay the amount
which would be lacking if the money
were not raised by assessment "Peo-
pie who are receiving a great benefit
by the opening of this street live south
of the city and are not within the city
limits and cannot be assessed. If they
want the improvement let them help
pay for it. Mr.. Swicker has always
been progressive citizen and was the
frst president of the South Side I'm
provement association, He never was
against improvements and he should
be given consideration by the board
To Decide December %.
Mayor Zimmerman told the remon-
strators and others interested in the
opening of the street that the mem
bers of the board of works We're in
favor of the opening of the street and
1t will be opened as soon as the board
deemed advisable. I'VE will not decide
definitely what We will do until De
cember %, at which time we will
make our decision public. We will go
over the ground again and if We have
made too large an assessment on
Swicker's property We will adjust the
matter"
Councilman Won Pein told the mem
bers of the board that he was in IA
vor of opening the street and it was
the belief of the neighbors that Swick-
er was nota poor man. as he claimed
10 be, and that the opening of the
s.reet would greatly increase the val
Ue of his property and be a help rath-
er than a set back to him.
ASKS Eor Cbspre