South Bend news-times. (South Bend, Ind.) 1913-1938, 1920-02-19
CLAIMS OLIVER
REMONSTRANCE
NULL AND VOID
CONTINUED FROM PAGE ONE

owns sufficient land upon which it
can construct any size factory that
they want was the sentiment voiced
By another of the speakers. At
present Walnut ST. furnishes a di-
rect route from Lapote Nv. through
20 Prairie av., leading directly 10
Rum Village Park which the city
so recently purchased. The vacation
OF Walnut ST. will mean people re-
siding in the west si6e of the city
viii be obliged TO go a mile out Of
the road TO reach the park, travelling
over uupaved streets and through
sand and mud.
Affects Children.
Not only will the vacation OF the
street affect people trying to reach
the park but, according TO the re-
monstrator will cause a large num-
Der OF children to cease attending
Washington school, the most COM
plete school building in the city.
Cases were cited of how years ago
the school children were obliged 70
trample through the mud to attend
school He stated that he did not
dren and thai il was what would
happen if the street was vacated
According to the various remOn-
stratOrs VINO appeared at the meet
ing there are about 5000 people re-
siding in the area who Will be at
fected by the vacation OF the street.
This ground was bought from J.. ID.
Oliver seven years ago after very
strong fight on the part of the Oliver
interests to prevent IT. According to
statements made at the meeting Oil
Yer received a sum Of $4,000 for the
property.
That the people should now re-
turn this property to the oliver in
terests and go to the expense and
possible legal fghf that they were
through but a few years ago when
Walnut ST. was opened is not the
right thing 10 do. according TO the
opinions advanced Wednesday even
ing.
Legal Phases.
What undoubtedly caused the re-
monstrance to be held over for an
other week were the legal phases
advanced by Atty. Obenchain, repre-
senting the interests of certain re-
monstrators as we'll as a cOmmuni-
cation received from Mayor Carson.
According to Atty. Obenchain, who
quoted considerable law to the
board IN the course of his talk, Wal
nut St is a public utility and for
the service OF the public and until
it ceases TO be such, the works board
has not the power to vacate the
street, as no public street can be va
Gated by the board TO further indi-
vidual interests. which, according to
the attorney is what will be done
by the board i'm case the street is
v "a C "a { e d. The petition pre-
scented TO the board was signed by
j. ID. Oliver, trustee A paper filed
Jan. at the court house by J. ID.
Oliver. transferring his interests TO
mis- four children, was introduced by
the attorney, who stated that in
view of the fact that the petit
ton was not signed by j. d.
Oliver until Jan. I3. it was null and
void.
A plot was also presented 70 the
board some time ago with the
/ petition showing the proposed
extensions OF the oliver interests
/ This plot when brought before the
public utility commission, stated the
attorney, was denied as belonging to
the Oliver Chilled Plow works. The
denial, according TO the attorney,
was made by + c. Cunningham. a
representative of the Oliver inter
ests. That Walnut ST. had not ceased
10 be a public utility and that vacat-
/ ing it would be furthering the in
| terests of an individual which the
board has not the power TO do, were
the points brought before the board
/ by Atty. Obenchain.
Resent Action.
Considerable resentment because
| of the action taken by the board Of
] directors OF the Chamber of Com
merce was expressed by the various
speakers. An effort to clear the
| Chamber of Commerce of this pre-
vailing i'll feeling was attempted by
| former Building Commissioner Per-
kins. who stated that the action
taken by the Chamber of Commerce
was by the board Of directors only
and that their opinions in the mat
! ter were the same as any six citizens
and had no bearing on the case. To
have the Chamber of Commerce
sanction this matter would mean
having meeting of the members Of
the body and then if the organiza-
| ton as a whole desired the vacat-
! ing of the street that i'll feeling
could be rightfully held.
Perkins also explained how the
tracks. which the Oliver concern
I claims TO be the reason for vacating
/ Walnut ST.. could be so arranged
/ that IL would be necessary for only
one track TO cross the street and
that one would not be Objectionable
10 the people residing in that sec
ton OF the city.
Statements made Wednesday eve
ming showed that 10 open. Pulaski
ST. would mean a heavy indebted
ness upon the people in that section
OF the city and possibly more of an
indebtedness than the city at pres
eut could stand To open Pulaski
81. would mean the crossing or
large number Of railroad tracks. and
certain legal questions are liable to