The Mena weekly star., 1919-05-15
ROAD OPPONENTS ADVISED 10 QUIT
Judge Martin. Attorney for Road 0p- ponents, Advises Abandonment of EaForts-Joe Lewis Makes a
 Final Call

That there is likely to be no appeal from the action of Judge J. s. Steel l of the Circuit court in sustaining the County Court in the establishment of 8 road improvement district for the construction of the Jefferson Highway thru Polk county, is evidenced by the following letter written by Judge W. N. Martin, attorney for the opponents of the highway. Judge Martin puts the matter squarely to his clients, and advises them to give up the fight, and do it without delay. Here is the let ter:
 Mena, Ark, May IA, 1919. si Nr. Joe L. Lewis, Hatfield, Ark.
 Dear Sirt In compliance with your request, that write you as to the ad- visibility of further prosecuting the fight against the establishment of the Road Improvement District, will say that l have given the matter consid- erable thought and 1 will say that the situation is somewhat peculiar, to say the least.
 Now, as you know, we presented the case to the circuit court in the most favorable light that we could, and of fered our evidence, which in my hum- ble judgment was amply clear and sufficient to entitle us to judgment, but the court did not see it as we did and still do, as for that matter.
 The question now before the parties at interest is as to whether under all the circumstances, including those which have developed since the trial of the case in the circuit court, it is advisable to prosecute the appeal to the Supreme court.
 am informed from reliable au thority that notwithstanding the pendency of this appeal the people contending for the highway are now proceeding to carry on the work of issuing bonds and building that DOT tion of this road from Mena north ward to the Oklahoma line thru the Eagle Gap, and the Scott county line thru the Foran Gap. This action is being based on the Road Improvement District heretofore established under Judge Wear and which had already Neen approved by the State Highway Commission.
 Also, that immediate steps are to be taken to perfect district from the vicinity of Wickes or Vanderyoort, southward to the Sevier county line, and thereby abandon the interven- ing line.
 If this be true, and 1 have no req son whatever to doubt it, from the in- formation have had, do not see that the appeal would avail any real ben eft to the people interested. For, If these portions of this road are to be constructed then I sincerely believe that the best thing to do is to let the whole thing go thru without further contest. Nevertheless, this is merely my opinion, and if it does not meet the approval of you and those whom you represent, and you still desire to carry up the appeal, we will be ready to proceed with the preparation of the appeal as soon as proper arrange ments are made about the expenses as already agreed.
 l write this as per your request for the simple reason that l think that the people who have hitherto taken part in this matter and who are ln- terested therein, have a right to know She situation in advance and be- fore they take further action.
 Now, in conclusion, l will say that If this case Is to be appealed and we are to represent the matter we will have to begin at once If we are to get the matter before the court for trial within the time allowed us
 If, OF the other hand. the people decide to abide the result o< the srEal n Circuit court. then the socner this Is made known khe better. IF any evert. whatever iz Ersng so 5@ deEe should be done without delay.
 l have not aizczzsssd the a1esElnsa of whether we can wIn ar Anae cn trial of this ease in the Supreme court as ! have already sold yoa that cra11- sider the case ia excellent shape s: carry up and feeI than rss11Hz 'ses1ad S,s in cur favor. but of esurse Sk1a is nag ahsolzaeIy sure. for Ehare ia ar wzgs uncertainty in avery law ssz1r' But what { have said ahova apl1es sG the Eisua6iou. taking i1 for grant, ef ssaE the isz.tgn1ens of the Susrenat. eaErs wayzld be favsrzble to aa. sei traHt that you wiH give sisis uaSter tlIil csnaiasraticu at encg and leS sa tnaw what yeu azeis1s En do
 Mo pgs,st1.ssrg & Martin