The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1918-02-12
STREET RAILWAY
MAY CO { 7 CITY
MANY THOUSANDS
Council Hesitates Between
Sure Loss And Gambling
On Litigation
WANT OWNERS OF CAR
LINE TO REPAIR STREETS
Defunct Railway Company
+. Also Owes For Paving
Between Rails

,, An. invitation to East and West
High street property owners to at
tend council Monday evening and
make suggestions as to the collection
OF the paving assessment against the
defunct street railway company was
extended Friday by the special com
mittee. The Chamber OF Commerce
committee is also asked to attend.
Ways and means for preventing
the tearing up OF the streets in this
city, the removal OF the street car
tracks and failure to replace the
pavement, which the city council
fears will be the ease unless some ac-
ton is taken to prevent IT, were the
topics under discussion at the special
meeting OF the city council Thursday
night.
Briefly stated, the council doesn't
know exactly "whcrc it's going" and
Is mighty careful in getting started
on It's way until 1t has an iniling
The street car muddlc," as all city
having anything TO do with it ever
since 1t came up call it. is a puzzle
the outstanding features OF which are
that the now deiunct street railway
company owed the city something
like So 900 at the time OF its official
demise for the paving laid between
the rails on its lines within the cor
poration limits. The aasqssments
were never paid.
CITY LOST SUIT
The city brought suit some time
ago against the company, then in the
hands OF a receiver to recover for
the paving. This ease was tried be-
fore Judge Jewell OF Delaware in the
common pleas cour. Five months al.
ter the case vas heard, the court re.
turled Il finding against the city.
Later the property Of the company
was ordered sold by the receiver and,
upon being sold TO the firm OF ier-
man 4 Fcrman OF Columbus the pul.
chasers began dismantling the line
with view To junknP it.
As soon as the weather modcratcs
so that such operations are possible,
IL Is expected that the purchasers of
the line viii begin removing the
tracnH. which means tearing up the
paving TO get the rails No provis,
ion IN the contract OF sale makes II
nl
to replace the paving after the rails
are removed although the court In
ordering the sale Of the property
specified that the money for that por
ton within the corporation, about
$4,000, should be left with the court
until the question as to who must re-
pair the streets after the removal oI
the rails had been decided,
MAY APPEAL CASE
Should the court find that the pur
chasers OF the line cannot legally BE
held responsible for replacing the
pavement, thea II viii devolyc upon
the city with sadly depleted treas
ury, 10 do II and It was to discover
some method ol avoiding this that
the special council meeting was hclo
Thursday night, AS wen as to discus.
appealing the suit to recover tho orig
inal paving assessments to the CourI
or appeals from the decision Of Judge
Jewell.
The two eases are SO related ant
have been before the court for sC
long that they have become cntm
gled until II Is doubtful If but few
persons, even among members Of the
legal profession cal pretend to make
heads and tails" OF thcm, accordin'
70 former Solicitor KOOns With tn,
accession OF new city council, II
the main unfamiliar with the situa
tion, and city solicitor also in IN,
dark concerning the cases, into oliiC
on the first ol this year the case be
comes still more complicated and tn
new council aad city solicitor liarri
are experiencing a series of knott
problems 10 unravcl,
kooNS EXPLAINS
Former Solicitor Koous was Cnlc
before the council Monday night I
explain the situation. being Som'
what familiar with II, perhaps a
much as any man In Mt, Vernon, b
reason OF his former position an
connection with tho case.
Following the explanation given b
Mfr. Rooms, committee composed {
Counnllmen Au5kings, lIookway an
Mayer, was appointed to inycsugai
still further and report at the NEE
ihg Monday night The councilmo
my be said to have this one questio