The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1914-01-20
.EX-COUNTY COUNSEL
REPORTS ON SUITS
Tells FTeeh0IderS Of Status of
County Litigation.

! RunyOn has made a report TO the
board of freeholders Of the Status of
the suits in the courts in which Nor
ris county is involved. This litiga-
tion includes the suits of the EN-
! pire Steel and Iron company and the
Mt Hope Mineral railroad for $4,000
growing out of the Mt. Hope mine
strike last May, the "small board"
suits and the action of Charles w.
Bowlby, former inspector of weights
and measures.
Mr.. Runyons report follows
January Sth, A. d. 1914.
s. E. Estler, ESQ.,,
! Director, Freeholders of Morris,
Butler, Morris county, N. ].
! My Dear Director-I am this morn.
| ing in receipt of yours of the 9th IN
stant inquiring as to all existing lltl-
cation against the county and reply
as follows:-,
1. The two damage suits arising
out of the strike matter, the one be
ing that of the Empire Steel and
Iron company and the other that of
/ the Mount Hope Mineral Railroad
company, the first being for $5O,00O
damages and the latter for $25,000.
In these two suits, Prosecutor Reed
was retained by direction of Director
Grimes, who inquired of me, when
the suits were first instituted, wheth-
er, on account of the heavy damages
demanded, felt that | wanted emi-
nent counsel associated with me. l
replied that l considered 1t unnec-
essaary, but that if it was satisfac-
tory to him that l thought tnat
prosecutor Reed would be of value
! to us on account of his familiarity
with the strike situation out of which
these two suits grew Che having tired
a number of strike cases in which
indictments had been found and be-
ling in touch with the witnesses that
at the request of Elmer King, Esq,
have gone off Cor rather we have
agreed that they should go Off. to
the May term of the Morris county
circuit. for the reason that the de-
cision of the United States district
1 court in the famous strike damage
case in which the Wells Fargo Elk
press company sued the city of Jer-
sey City, Las been appealed as | un-
derstand The final judgment on the
appeal of this Jersey City case will be
a guide in these two suits. AS 1t
to this county in these suits.
2. In the matter of the certlolarl
proceedings instituted by Charles w.
/ Bowlby, | have only to report that
the Judgment of the Supreme court
was against Bowlby and in favor. OF
1.-THE county. From this Judgment
,Bowlby appealed to the court Of er-
4 rors and appeals, and the appeal was
argued by me before that court ION
I December 4th, Mr.. Bowlby being
represented by ex-Judge Heisley, OF
Newark. This case is, therefore, In
the hands of the court of errors and
nothing further is necessary on the
part of the county until the court
has filed it's opinion. When that is
filed, will notify you.
g. The case of John P. Lyons
against the county for his salary,
amounting to $274.90, and his election
expenses, amounting to $1S4.20, and
the small board litigation expenses,
amounting to $397.50, was regularly
submitted to Mr.. Justice Parker at
the last Morris circuit, and though
some of his findings were against
the county, they were made with the
idea that the question involved was
one that would be settled by the
court of errors, as will appear from
! a letter received by me from Judge
Parker, under date of December 18th
last, Ca copy of which is attached
hereto). In case the matter is to
be appealed, brief should be pre-
pared on behalf of the county, an ap-
peal should be promptly filed and
the case printed. The expense of
appeal will not be a serious one, in
comparison to the thousands of dol
lars that the county will be obliged
to pay in case there is no appeal, as
! this was a test case, and the other
! small board members and employees
are awaiting the final disposition of
Ithis case to ascertain whether they
lean collect or not for their salaries,
election expenses, &c.
This case is being watched by the
County of Bergen, where three such
suits are in progress. The difficulty
which will arise in case Morris coun-
! ty does not appeal and proceeds to
pay the judgment and the other
claimants, is that before the year is
out the Bergen county cases will be
passed upon by the upper courts, and
, as Judge Collins and myself feel,
Morris county would in that case find
that she had paid out these moneys
unnecessarily and against good judg-
ment. AS to the correspondence
which has taken place between Judge
| Collins (who represents Bergen coun-
| ty) and myself, this is of a personal
nature, but | will be glad to explain
the situation if you see fit to make
an appointment.
Our suit being more advanced than
the three suits brought against Ber-
gen county, the plaintiffs in the Ber-
gen county cases are awaiting the
final disposition of our case. s
/ understand that Elmer King, Esq,
attorney for Mr.. Lyons, is about to
file his postea and take final judg-
ment. My requests for findings on,
matters of law, duly signed by the
justice, have been filed, and should
form a part of the postea.
Attached to this letter you will find
copy of the findings on matters of
law in the Lyons case, with the OBJ
jections made by me thereto, for
the purposes of appeal, in case it,
was decided to appeal.
/ write this letter in the nature
of an official report, on your request,
and it is inteded as communication
to the board of chosen freeholders of
the county of Morris, and | ask that
you have it, and the documents there
to attached, read as such and spread
un0n tha minutes of vnlIr hoard so