Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-12-11
COURT Rvlgo THAT CHICK IN
ATLANTIC RAILROAD DEAL
MUsT d cANcELEp.
foaMGa GOVERNOR Does
NOT Lose s,%ooo FUND
Court as's. Tho. Attorney Hess.
Wine susmistsd Did. had Author.
ity - At Fer syndioats-lssss Tx
ensratsd q wrons oeins-Histery
Of Case.


Hess in behalf Of the Blakedell com
pany when the Shaw interests were
making an effort to acquire the At
lantic Northern 4 Southern railway.
and later repudiated by shaw. will not
have to be paid. according to de-
cision handed down by Judge Thomas
Arthur here.
The court sustained the contentious
Of the Blakedell company turnout ex-
cept in their charge that Attorney
Hess had no authority to bid for the
road at the sale last May. In this con-
nection the court opined that Hess was
acting according to Instructions. and
that when he filed the bid he had not
been advised to the contrary by the
Shaw syndicate.
The motion of the Blakedell COM
pany to preclude the payment Of the
checks was presented to the court at
Atlantic last September, the opposing
litigants agreeing that Judge Arthur
might hand down his decision during
vacation time. Judge Arthur made his
ruling Wednesday afternoon. sending
d copy VI IAV uSCECS " SNO SACAA 20
the court at Atlantic during the after
noon.
History Of Transaction.
It will be remembered by those who
have followed the efforts of Shaw and
his associates to gain possession OF
the A.. N. & S., that he filed bid for
the road at a sale conducted in Allan
tic May Is last The bid was filed by
x.,H,0 Hoa PonrpQonted
Shaw interests during the past two
years, and was accompanied by GER
titled check for $14.700.
scarcely had the bid been filed than
a telegram was received from the
Blakedell company ordering the can
collation. of the bid. and declaring that
Hess had no authority to act for the
Blakedell company. They asked that
the certified checks deposited with the
bid be cancelled.
When the case was tried, officials or
the Blakedell company emphaticaily
denied that Hess was authorized to act
for them. On the other hand. Hess
declared that he did not receive the
telegram ordering him not TO make the
bid until after 1t had actually been
filed. The fact that telegram was re-
ceiyed by Hess indicated to Judge Ar
thur that the attorney had acted un-
der instructions to bid for the road.
else there would have been no occasion
for a telegram csncellins these m
sstfslctions. = -
Three Cheeks On Osnison.
The checks were certified by the Bank
Of Denison. which sought to have the
case tried in Crawford county. but this
motion was overruled by Judge Arthur.
Hess now has q petition of interven-
ton on file seeking to attach the Ger
titled checks in compensation for his
two years or more Of service Tor the
Shaw interests.
Altho the amount Of the checks de-
posted by Hess. with the bid totalled
S14.7Oo, checks, totaling $14,5O0 were
involved in the motion Of the Blake
dell company to vacate the orders OF
the court on the bids. Three checks
made up the total. one for $500. an
other for $1,000 and third for $1,000.
In his ruling Judge Arthur especially
points out that the cancellation OF the
Shaw bid worked no injury to the
railway company, as it was sold few
days later upon bids for which the
estate realized substantially as much
as the amount Of the Shaw bid.