The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1922-01-30
CLEARS
LITIGATION IN
CITY Water SUIT
Review of JONES Case is
Made by Ledbetter Who
Says Verdict Came as
Surprise.

H. A. Ledbetter, attorney for L. S.
JONES in his suit against the city Of
Ardmore in the water and pipe line
litigation, arise TO clear points of the
litigation, arises to clear points OF the
of the court Saturday when Judge B.
c. i.ogsdon. sitting in district court,
passed on two motions, both Of which
were in favor Of the city.
In going into the details, Mr.. Led
betters letter explains as follows:
Il originally filed suit for Mr.. JONES
against the City and before an un'
biased judge (Judge Cham Jones Of
Waurika) an injunction was granted
in favor of Mr.. JONES, and this in
junction is in force at this time. Sub
sequent to the granting of the injunc-
ton the City instituted condemnation
proceedings. Judge logsdon appointed
appraisers on petition uf the city and
after viewing the property ana hear
ing the evidence of al least "a dozen
disinterested witnesses the appraisers
o. X. Darden. Guy Arnold and Roy
Carmichael and r. b. Orr. City Attorn-
tNt II. \. IltlNtlt wa , VI NUN py'if .
City Manager, A. Eddleman, Comms
sloner, and L. S. Joines met al my
office and the appraisers announced
that they were ready to make lheir
report
The city through its representatives
stated 10 me, In the presence Of all
the above parties, that Mr. Eddleman
had procured the consent Of Judge
Logsdon to amend their petition in a
manner which, if permitted would
have changed the original cause Of ac-
tion. | stated then that I did not
believe that Judge Logsdon would per.
nit such an amendment and at the
request of the appraisers. I called
Judge Logsdon over the telephone
all the above parties being present
and stated TO him the contention be.
ing made as 60 the amendment. and
Judge Logsdon stated to me that he
had not siven permission to amend
the petition. and that permission
would not be given unless the amend.
ment met with my approval, and
thereupon T. b. Orr talked to Judge
Logsdon and after finishing his con.
versation turned to the appraisers and
said There Is nothing else for you
gentlemen TO do but make your re-.
port"
Mr.. Orr and myself dictated the re-
port after the appraisers had given
us the amount that they had found
for Mr.. JONES.
This was during the nearly part or
nntcbar TQOI hn ia 80
appeal from the award OF the apprais.
ers and filed certain exceptions, and
after repeated demands upon the
Mayor, by myself, that the City pay
either the Court Clerk or Mr.. JONES
tie 9wTd Of the appraisers. Mr.. Hef.
n, Mayor. stated TO me that he had
taken the matter up with Kirk Dyer,
CITY Manager, and the commissioners,
ana Tint r5thing could bc done. Time
aftcr ,imo | urged counsel representing
the city to agree To set for hearing
their exceptions before the court nd
time artcr tlmc / called the attcn.
tion Of Judge Iogsdon to the fact that
when the exceptions were set for hear.
ing that ! lee notified SO that We might
he heard. Judge Logsdon at each
time stated 10 me that he would take
no action on the exceptions or the
amendment 10 the petition unless !
was present in oren court.
On Friday the eth of this month
VIM. G. Davisson and myself, as at.
torneys for Mr. JONES. instituted suit
in the district court OF this county
against the city, setting up all the
prior proceedings between the city and
Mr. JONES and asked for an injunc,
ton. hasing his right there to under
section % Of the BIN Of Rights ol
the Constitution OF oklahoma. which
Is as follows:
Until the compensation shall he
paid To the owner. or into court
for tho owner. the property shall
not he disturbed. or the propric-
iary rights Of the owner divested
When possession is taken Of prop.
erty condemned for any public
use, the owner shall he entitled to
the Immediate receipt Of the com
penSailon awarded. without pre-.