The Canon City record with which is consolidated the Canon City cannon., 1916-02-10
DECISION OF /
HIGH COURT
FAVORS THE [
SUBSCRIBE 50 .
SUPREME COURT RENDERS oPiN.
ION IN TRl-BUlLioN SHELTER
CASE. UNFOLDING DECISION OF
LOWER COURT.
TO GET THEIR MONEY BsCk

Judge Augustus reare OF the firm
OF Acl ain x Pease. this morning re
ceiyed telegram from Denver stat
ing that tie supreme court had af-
irnied Tie decision OF the district
court here in favor Of the complain
ants in the cise against the Fidelity
&, Deposit company OF Maryland as
sureties for the Tri-BuiIion Smelling
A. development company. The dec-
sion. IL Is understood was made with
cut a dissenting vote from any o. the
iudses on the supreme bench.
The decision is sweeping one and
Is a big triumph FOR the complalnants
as IL win require their complete re-
imbnrsemeni by the defendant Tor
the money paid over BY them seven
or eight years Hgo TO the Tri Bullion
smelling and drcgelopacnt conirany
as an indnocmcn; to secure the csiae
Ishmeni here OF a reduction and smelt
ing plant The company sailed TO com
ply With the provisions under which
the donation was made and suit was
Instituted AGAINST its surety by Chas.
IT. McI-ain as trustee 10 compel res
toratlon OF the money 10 the contribu-
tors on the ground OF nonfui illmeni
cf contract
The case vas tried in the district
court here and on May Is. 1914. judge
wilkin decided the matter In favor
Of the eonplainants. The suit was
taken to the supreme court on petition
Of the defendant company and has re
riained there ever since. Messrs Nc
Lain q Pease representing the city
,and p. w. Rosa representing the Can
ON City Chamber Of commcrce prose
cu,ed the suit for the trustee and Il
Is TO their perslsteney and careful prep
aration that the victory was obtain
ed In the supreme court.
The JUDGMENT With accrued interest
nj s per cent per annum. which 10
carried by this mornings decision.
will amount to approximately i've
thousand dollars. The sum viii be
sufficient to repay all subscribers the
full amount OF their donation. OF the
contributors to the fund PAID over to
the Tri.Buliion Smelling & Develop
ment company TO build here the city
!, council paid In the SUN OF 1900
Prospect Heishts $500 ana South Can
on siGc.so. The remainder OF the do
nation. amounting TO sz.s0o was sub
scribed and paid over by business men
II. a..
from twenty-five dollars to three hun
dred doilsrs.
II is seiieved that the interest on
TIE donation will be sufficient to pay
all Incidental expenses. including a,
torney's fees. and that subscribers viii
ret back every cent they paid in on
the hoped for enterprise.
The determination OF this case by
the supreme court this morning viii
end long and tedious litigation and
will restore to the city and individual
subscribers a nice bunch OF money
that can be used TO advantage In bust
ness Affairs. that will inure to the
benefit OF the community. II is prob
able that attorneys for the defendant
will hle a motion for an appeal from
the decision OF the supreme court |
but in the opinion OF McIain & Pease
who have given a very close study to
this character Of litigation. there Is
little likelihood that II will go any
further. The subscriptions to the
fund were made in 1908. but II was
not until two years later that II be-
came known that the Tri-Builion com.
pany had defaultcd on It's contract.
The city council here voted an addI-
tionai warrant OF $1,000. but Il was
never paid over to the company. South
Canon also voted two warrants OF
s16c.5o each. but only one was paid.