Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1921-10-07
SUPREME COURT UPHOLDs
TWO WEEKS PUBLICATION

$ W. IT.
In its issue Of September 81, 1921
the Southwestern Reporter review.
the action of the Missouri Supreme
Court in the case of the City ios
Brunswick ex rel Co.. w. BarkweiI v:
o. X. Benecke, for the collection oi
paving tax.
This case was tried in the Circuit
court Of this county, and decision
was rendered in favor of the city oi
Brunswick. An appeal was taken u
the Kansas City Court of Appeals
and that court transferred 1t to tha
Supreme Court.
In the trial Of the case, one of ths
principal points raised by the attor-
|neys for the defense was that reso1
buttons giving notice of the intention
to pave We're not published for suf-
ficient time. The resolutions were
published in two consecutive issues
of the Rrunswicker and the attorneyd
for the defendant held that they
should have been published in three
issues. @On this point the Supreme
Court says:
"Under Revised Statutes, 1909, Sect
tion 9411, authorizing improvement
Of streets in cities, and requiring moi
tice Of resolution to be published fol
two consecutive weeks, publication a
such resolution in two issues of 4
weekly newspaper was sufficient as
notice when published in a weekly
paper does not cease to impart notice
the day after the paper leaves the
press, but continues until the issuance
of the next current number"
I In connection with the question d
placing the paving at the established
street grade, the Supreme Courts de-
cision says:
"The fills and cuts necessary I'd
bring to the established grade that
part Of said Broadway street proposs
ed 70 De graded and paved are shown
on said profile. complied with the re-
quirements Of Revised Statutes 1909,
Section 9411, as to including and de-
scribing in the resolution the work of
gringing such street to the establish
ed grade.n
notwithstanding the fact that the
Supreme Court sustained the City Of
Brunswick and Markwell in the points
named above, which were among the
objections raised by the de-
fense against paying the paving tax,
the decision of the lower court was
reversed, the finding of the Supreme
Court being in favor of the defend
ant.
AS we understand the Supreme
Courts decision, the reversal was
made on the grounds that Contractor
Barkwell neither asked nor was given
an extension of time for completing
the contract, and the ordinance con-
tanned a penalty proviso requiring
that the work should be completed
within the time stated in the contract.
The ordinance required that the work
be completed within sixty days, and
the decision states that 135 days had
expired before the contract was COM
pleted.
The question of the completing of
the work within the time specified in
The contract was not emphasized in
The trial of the case in the lower
court. However. the members of the
City Council and other city officials
state positively that Contractor Bark
we'll dd ask for and was granted an
extension of time for the completion
If the contract. This fact will be
brought TO the attendtion of the
courts by the attorneys for the plain
:iffs in future proceedings ils con-
lection with the paving cases.
There are some seven or eight of
he paving cases yet to be tried, and
he action of the Supreme Court in
he recent decision gives, reason for
he belief that Contractor Barkwell
vill win these cases, and win receive
lis pay for one of the best jobs of
,aving in the state Of Missouri.
srunswickers