The log cabin Democrat., 1920-05-03
R.R. BENEFITS FROMH|CHWAY ARESUSTA|N[D COURT FINDS FOR
 ROAD DISTRICTS CASES ARE DISMISSED
Chancellor Holds Missouri Pacific's Road Assessments Not Arbitrary
 or Confscatory.

In a decision handed down shortly after 2 o'clock this afternoon Chan cellor Jordan Sellers sustained the as sessments fixed by the Conway and Damascus, Conway and Vilonia and Conway and Palarm road improve ment districts against the Missouri Pacific railway, involving nearly $35,- 900 in benefits taxed against the rail road by the three districts. The court held that the assessment in neither district was arbitrary or con- fiscatory, as was urged by the rail- road in its attack on the districts.
 Representing the railway, Attorney Vincent NJ. Miles practically aban- doned his attack against the assess ments in the Conway and Damascus and Conway and Vilonia districts, con- fining his attack against the Conway and Palarm district, which proposes to build highway paralleling the railway between Conway and Palarm, and in which the assessment is great CT than in the other districts. For the districts, Attorney R. w. Robins ar gued that the railroad was benefited as much or more than the assessments by reason of the general development of the country which would follow the construction of the highways, and cited several court decisions sustain ing assessments apparently much more burdensome on railway compan- ies than any of the districts in this county.
 The court said that while the as sessment might be higher in the Pal arm district than in either of the others and, admitting that the rail road would be benefited less, in this district, it did not follow that the Palarm assessment was too high, be- cause the assessments in the other districts might have been much less than the benefits which would acrue to the railroads.
 The assessment against the Mis- souri Pacific in the Palarm district Is $18,659. That in the Damascus district is $l2,50O and in the Vilonia district S3,10O.
 The decision will be appealed to the supreme court, but Attorney Miles frankly stated in his argument that he had no hope of a reversal of the chancery court by the supreme court, in the event the assessments were sustained by the lower court.
 The Faulkner chancery court met Tn adjourned term at 9 o'clock this morning. The following proceedings were had prior to the noon adjourn ment:
 Ollie Hill vs. Bruce Hill; dismissed on motion of plaintiff.
 A. M. Ledbetter vs. F. C. Taylor ct al; settled and decree ordered satisfied.
 W. L. Whitten ct al vs. Road Im provement District No. 6; dismissed on motion of plaintiff.
 Southwestern Bell Telephone Con- pany vs. Conway and Palarm Road Improvement District; decree cor rectlng assessment to correspond to- actual number of miles of pole and lines in district
 Ollie Earnheart vs. J. J. Earnheart ct al; decree of sale for partition.
 Lillian Oates vs. Allen Oates; death of plaintiff suggested and alimony order revoked.
 W. B. Harrison ct al vs. Peter May or ct al; settled and dismissed.
 P. Powers ct al vs. E. L. King and II. B. Ingram; decree by consent for defendant.
 s. c. Smith vs. Cage Frazier ct al; decree set aside on motion of plain tiff and cause dismissed.
 B. w. Ford vs Conway Lumber Co.,. decree by consent.
 l.. s. Dunaway vs. J. B. Parker; masters inventory filed; James Holt ordered to make inventory of assets on behalf of plaintiff at his cost.
 $. c. Smith vs. L. W. Edgman; dis missed on motion of plaintiff.
 Herman Hachmeister, trustee, vs D. A. Courtney ct al; settled and dis missed.
 J. w. McPherson vs. E. E. Harmon
 Continued on page four)