Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1916-09-08
COURT OvERRULES
LEGAL OBJECTION
over PAVING JOB
City Gains Big Victory When Judge N.
A. Larson Holds Ninth Street
Proceedings Are Valid.
HAS BEEN SPIRITED CONTEST
Question As to Benefits Still TO Be De-
termined by Jury Before the
Project Is Assured.

A big victory for the city of Rock
Island was gained in county court this
morning when Judge n. A. Larson
( overruled legal objections to the con-
| firmation of the assessment roll for
/ paving on Ninth street. This is one of
! the most important public improve
ment projects which the city has ever
undertaken and carries a roll of $751;
749. James Maucker is the commits
sioner.
The paving of both Ninth and
Twelfth streets was provided in the
union ordinance which was adopted at
the time of the annexation of Sears
and adjoining territory to Rock Island
After a hard fight, Twelfth street was
confirmed and contractors are now
pushing the improvement of the thor
oughfare.
A similar contest was waged against
the Ninth street work by a few prop
erty owners. Legal objections to the
manner in which the assessments were
made were filed. 1t was claimed bv
Searle & Marshall, counsel for the OBJ
Jectors, that much of the legal proceed
tngs incident to the proposed improve
ment had been launched before the
corrective measure went into effect and
that all of the preliminary steps had
been taken before the date of the en-
forcement of the measure which was
passed by the state legislature for the
purpose Of curing any defects in the
annexation proceedings.
Special objection was raised relative
to the section of the union ordinance
providing that the city assume 25 per
cent of the cost of the paving of Ninth
street, being assessed as public bene-
fits, leaving as per cent to be assessed
against the property owners with
frontage on the street and 80 per cent
to be paid by those who fronted
Iaterals
1t was cOntended by the directors
that this plan of assessment was not /
according to the law relative to the /
in which special assessments /
should be made
Judge Larson, however, Overruled |
all legal objections to the confirmation .
of the assessment roll, but there is .
one step more 10 be taken before the
street can be improved Objection as
TO the amount of assessments have
been filed and these will have to be
heard before jury. The jury will be
called upon to say where the property
taxed has been benefited to the amount
Of the assessment levied against it for
the cost OF the Improvement.
Either Pave or Close Street.
"One of two things ought to be done
with Ninth street." said Judge Larson
this morning in conversation with a
representative of The Argus THE
street ought to be paved or be closed
for traffic. 1t is not in condition for I
use as it is"
The court intimated that the delay
n his decision, overruling objections,
had been occasioned through the fail
ire Of counsel in the case to file briefs.
lily Attorney ]. X. Scott has repre-
;ented the city in the litigation
There is a we'll defined rumor that
I'll objections to the improvement may
low be dropped and that the question
rs to the amount of assessments NAV :
lot be taken before a, jury. Through
ne uphOlding of the legality of the pro-
,eedings, the city has gained such an
advantage that it is questioned if the
directors will care to take the contest ,
my further. 9