The Lemmon herald. (Lemmon, Perkins County, S.D.) 1912-1917, 1912-02-16
The hite Butte
Side Track Case

sought 20 compel the COMPANY to put
in station ut White Butte WINS A
matter OF more than passing interest
this week, Judge Carpenter had an
pointed the hearing in chambers be
fore bim AT Mcintosh, beginning Mon
day morning,
The hearing was conducted In the
! court house AT Mcintosh, and SO great
was the interest that at all times there.
was large attendance Of interested
listeners The case is by the exrel
the railroad commissioners of the
state, and against the c., NJ. 4 Il. y.
!, Go. The purpose Of the suit is the
motion Tor a msndamus ordering the
railroad company 10 put in side
track and station at White Butte
The hearing held in this case by
the railroad commissioners at White
| Butte last summer is still 10 we'll In
! the public mind, snd the general tend
OF the case before Judge Carpenter
was practically the same,
| The commissioners were represent
| ed by = w Dougher,y their attorney
| and /. ]. Tscharner ATTORNEYS for
railroad were w. G. Porter, Of Aber-
deem, and j. G. Morrison. Of Mo-
bridge. The prosecution at first pre-
! sented the case in manner as 10 rest
1t on its merits in view Of the Law.
The railroad however decided to go
further, and long and hot contest
resulted, in which the company addu-
ced twenty witnesses, to whom the
state responded with eighteen Thus
three whole days and two night ses.
sions were consumed, the testimony
amounting to some 300 pages.
The center Of interest appeared TO
have been reached in the testimony Cf
George Kaufman. who ran hotel AT
4 White Butte and who told chapte,
in the tovnsite peoples campaign in
the following:
about this2
! a As far as meetings goes. well
| yes, we had them pretty near every
| week
! What was said?
They simply told the most of Us
that they were going to hire Mr..
Tscharner and offer him $500. which
they did, and Of eoutse. he was to see
that we got the side track
Did he get the side track?
| No, not yet
Then you don't think he has earned
the $500?
| No, he was to get il # he did any
thing; but he didn't did anything
Later Mr.. Kaufman testified again.
q. Were there any other assurances
given to you by the townSite company
or its members
A. No, that is all I remember, that
Mr. TScharner was going TO carry
this through and get US a side track
within so days
That they had or would give him
| sl50o2
They would he was 10 get elected
to the legislature and he would see
that we got the side track
| Cpon cross examination by MIR
| TScharner this witness was piled viii
auestionS 70 most of which the defcnse
7 interposcd objections Mr. Tscharner
4 appea ed 10 the Court, asking as spe
eial privilege, because the matter n
fected him personally, that the gates
be let down and he be given every OPP
portunity to put himself right Accor
Idingly the Court admitted much on
cross examination over the protest Of
the defense Thus Mr. Tscharncr con
! tinued
@. Why did you say after supper
in July or August Of last year before
Mr. Tscharner went To the legislature
they had told you out there I was to
get $500 for getting them side track
in. TO days?
4 That was understood
Why did you put IN there before
Mr.. Tscharner went 70 the legi sla
ture?'
Because il was promised YOU were
to work for rs and get that side track
Who promi sed you that
They did,
Who they
All of them
Where did you near IT.
In the hotel and around the postof-
ice there.
Name someone who said that?
They were talking il: can't say
inst who.
You say that this was in July or
August that they told YOU they emp
loved me. and in 80 days they were to
huve itf
That vas the promise all the time,