South Bend news-times. (South Bend, Ind.) 1913-1938, 1914-11-17
BOND POSSESSION
AMICABLY SETTLED
Committee Presents Offer of
Donation of Property for liz
brary Building-COunCiI Ad-
juStS Matter.

The controversy which has arisen
over the possession OF q cancelled
bond. a duplicate OF which 10 correct
error had been issued against the
Northern Indiana Street Railway CO.
for a grading assessment, was ami
cably settled by the adoption OF the
following resolution by the common
council Monday night: BE il re-
solved by the common council Of the
city Of Mishawaka, Ind, that the city
clerk be and ne is hereby directed TO
spread upon the records OF the city an
agreement entered into between the
chicago. South Bend and Northern
Indiana Railway Co. and William
O'NeilI. by the terms Of which said
company assents to the issue OF duph-
cate bond to correct error and valves
any right TO question the time or man
ner of the issue Of said duplicate or
correcting bond" w J.. Chesbro,
councilman.
Air. O'Neill stated that his only in
terest in the matter was to protect
the purchaser of the corrected bond
and he felt that that could only be
done by making a record of the rail-
way compSuy's consent to the - Ge.
The agreems 1T between the street car
company and vi. O'Neiu sets out the
facts as To the issue OF of the new
bond 10 correct an error OF S49S.7S in
the original bond, which was issued n
1909. IL refers to the discovery OF an
error some years later and the pay
ment Of the deficiency into the city
treasury b. the railroad company. at
which time IL was agreed orally that
the company would file n written con-
sent TO the issue OF new bond.
The issue OF the new bond and the
retirement OF the original was noted.
on the city assessment duplicate and
Ia.r1
not surrendered for the reason that
the railway company had failed TO file
the consent and waiver as agreed. The
agreement states that the parties are
now willing to carry out the oral
agreement and the filing of the assent
and the deposit of the bond closes the
transaction.
Want Property Accepted.
A committee OF the Civics league,
comprised Of J. r. Nuner, superin-
tendent of the Mishawaka city
schools: e H AhSra, +. j. w. Fink
and &. T.. Bradley, presented a petition
10 the council that Il - the conviction
Of "A large number of citizens that
MishaWaka should have a public IL
blary building. And public spirited
citizen has offered TO donate three
lots, located at the corner Of First and
Hiu SITS, across from the Main school
building for this purpose. lie has
also made the liberal offer that they
could be sold and the money used for
another location or that the property
could be traded for the same pur-
pose. Following the reading of the
petition Mayor GaylOr asked Mr..
Nuner 10 address the council in re-
gard 10 the matter. Mr.. NuneT asked
the council To take the matter of the
donation under serious advisement.
lie added that correspondence had
haT NIT, n
ing donation Of a library 10 this city.
one OF the requirements is that deed
must be held clear. TO a library site.
before the matter could be given any
consideration, and that all transac-
tiOns must be made by the common
council OF the city either directly or in
directly through the school board or
library committee; secondly. that 10
per cent of the cost of the building
must be provided annually for its sup
port. Mr.. Nuner stated that the law
now provided the assessment of a tax
Of one mill for the purpose of sup
sorting the present city library The
cost OF a Carnegie library Is par
uallv regulated by the assessed valu-
alton or property of the city in which
81 Is built As the assessed value of
property IN MishaWal<a was increased
10 slightly over S6.2op.0OO it. would
probably he possible FOR Mishawaka
10 secure n SoUtNuU UNllUln2 ana the
present assessment allowed for library
purposes would equal the amount of
the 10 per cent OF the investment as
required.
Mayor GaylOr asked Mr. Nuner if
The News-Times quotations of him. TO
the effect that there are only three
cities Of over 5000 inhabitants in IN
diana without a public library build
ing were true Mr. \uner replied
that il is. and that Mishawaka is the
only city Of over 10000 without a Ii
hrary building.
Council Approves Action.
The action Of the board OF public
works authorizing advertising for bids
FOR the purpose OF a new COrliss
pumping engine was approved by the
council Monday evening. 10 was nee
essary for the board To get the action
OF the council i'm the matter as the
purchasing power of the board is linn
tied 10 $4,000 and the cost OF the new
equipment would be in the neighbOr-
hood of $4,000. Following the action
which was taken Supt Klein gave a
brief explanation 10 the council for
the necessity OF another pumping en-
zine at the new plant.
Accounts 10 the amount of S6.53O.15
were read. approved and ordered paid.
Mrs Clarence z. Kelley and SDn Leon
p Eighth ST have gone To- Elkhart where