The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-08-13
c. c. & N. Will
FIGHT TO END,
SAYS ATTORNEY
John A. Hope Declares Mer-
riwether Street Should not
Be Improved.
THINKS PEOPLE REAL
MEAN TO HIS CLIENT
Chris Silver Says Railroad Is
Magnifying Cost of its
Bridge.

The Legal Department of the Cape
Girardcau & Northern Railway ycstar-
day took up the campaign to defeat
the Improvement of Merriwether
street where Chris Betten, auditor,
was forced to leave off with his bull
doing" canvass for remonstrance
signcrs, after the work had been ex-
posed by The Tribune.
Yesterday afternoon a verbal tilt
occurred between John A. Hope, of
st. Louis, attorney for the railroad,
and Sen. Thomas F. Lane, who repre-
scnts the city in the contest
Hope yesterday applied to City
Clerk Frissell to have copies of al
ordinances bearing on the improve
ment of Merriwethcr street made for
him and he signified to Mr. FrisscIl
his intention of going to the bottom
Of the case.
In the afternoon he went to Senator
Lanes office to obtain access to sever
al documents bearing on the legal
phases Of the situation.
He was seated in the office when q
reporter for The Tribune asked Sen
ator Lane for an interview, setting
forth the city's side Of the case. Dur
ing the course Of the interview when
Senator Lane was discussing the rca-
sons why the first attempt to have
Mcrriwcthcr street improved were
abandoned by the city, Hope looked up
from his legal papers and got into
the argument.
About three weeks ago, the City
Council repealed an ordinance that
had been passed several months ago
providing for the Mcrriwether street
Improvement. The proper ordinances
to get the work done in a legal way
now are being prepared under Senator
Lanes direction.
when we took our first action
Senator Lane said, eve were enjoined
permanently from going ahead be
cause steps had not been taken to have
the proper commission appointed to
assess damage and benefits.
eve had to back off and come at
the proposition in a different way.
The question hinged in the court on
that point.
"Now we expect to have the proper
commission appointed to make the as
sessmcnts of benefits and damages,
and application will be made to the
Missouri Public Service Commission,
which has jurisdiction, to adjust the
crossing between the railway and the
city.
That's ABOUT all there is to say
about it"
mo it's not all there is to say
Mr.. Hope interrupted. I'VE urged
several other points, Senator, to sus-
tain our side of the case and we cX-
pect to do so again"
Eyes, but my point brings out the
turning point in the case" the Senator
replied.
"Well, perhaps! That's what the
court held for you
Turning to the reporter, Mr.. Hope
continued, Owe expect to contest this
matter and bring out other considera-
tons to support our side.
This railroad was built sometime
about 1901. At that time ordinances
were passed granting us franchises to
build our tracks Just as they stand
right now. Acting on that assumption,
our line has gone to work and invested
money in terminals and other things
that will be affected by this improve
ment change.
"The grade was fixed at that time
and we want TO stand on that.
in other words" Senator Lane in
terpolated, "You want to sand on your
vested rights"
Mr.. Hope was forced TO laugh.
The campaign which Betten started
to obtain signers to a remOnstranco
against the Improvement ordinances
that will be introduced in the City
Council shortly apparently met with
signal failure.
Betten approached VIM. A. BONN
sack Jr, the merchant, who resides on
the district affected. Hetold Mr.. BONN
sack the story of how his railroad in
tended to sue the property owners for
damages sufficient to pay the cost Of
q bridge which the railroad would
have to put in.
Mr.. Bohnsack toldhim that if the rail
road on firm ground, he felt sure
thar ...e noad's officials would permit
the property owners TO go ahead and
ge. t4e.r improvement, and then con-