Gunnison news-champion., 1923-03-23
GhRAGE INJUNCTION DENIED
LOGAN UPH0LDS COUNTY
Decision Declares Complaint was not Justified
by Law or Facts. Goes Fairly into All
Phases Of Subject and Indicates County Paid
Fair Pnce and Secured Valuable Property.

gems believe there was fraud, chicanery
and collision. As a matter of fact
when they came to trial, not a breath
Of suspicion arose against Mrs. East
man who is universally recognized as
being lady of irreproachable charac-
ter and above anything Of the sort. Not
a scintilla Of proof was offered IN sup
port of this abominable charge, which
apparently was only offered as an
excuse to bring into court q case which
had no other merit.
We are not going into the question
Of value Of this garage. Judge Logan
u jurist Of high repute and perfectly
impartial. He stated on the bench
that he had taken part rs lawyer or
judge in probably 100 cases involving
property values. He had personally
seen this garage and observed its
value. He had carefully weighed the
conflicting statements of the many
witnesses. When an outsider like this
places the value of the garage mt
very close TO Sill 900. and declares he
has no excuse to interfere with the
judgment and performance Of their
ofhcial duties by the commissioners,
We are content to let the matter stand
upon his opinion. 1t is quoted in full
at the end Of this article, continued OH
page seven of News-Champion The
matter IL one which every taxpayer is
in duty hound to read, altho the legal
discussion at the beginning will not
interest the general public. About the
second column on page seven is where
the important part of the decision be-
gins.
The complainant, Fl. F. Trampe. who
alleged he was backed by number of
other taxpayers, was represented by
George Hetherinxton and Attorney
Robert Em,net Lee Of Denver. The
county was represented by Z. n.
Nourse, his law associate, Thos. p.
Hogan, and the firm of Stone & Koch
evar.
The complaint was read ut length
and included the formal charges as
before reported in this paper, declar-
ing that fraud, collision, etc, were
entered into by the county commits
sioners and Mrs. Eastman, personally,
to defraud the taxpayers Of Gunnison
the use and benefit of individual MEM
bers Of the defendant Board, and De-
PENDANT Mrs. Eastman personally"
VishCsSSs AOI lHc WtTt
first. Assessor Walter Haymaker, who
was not allowed under the law to Of
fer his assessment records in evil
ence, but who, after being excused to
make personal examination of the
property at the noon hour, declared it
to be his careful opinion that the
property was worth from $500 to
$1,000. Oscar Milford was the next
witness and when asked If he could set
a reasonable value on the building, de-
clared "No." Fred Eilebrecht, con-
tractor, declared it worth not to ex-
coed 5000. Mrs. Jos. Voutaz and
Geo. HetherinRton testified TO the sale
price Of the Columbine Hotel and the
Unique Theatre. d. L. Gray fixed the
value between 5000 and $500. Otis
Moore was unable to qualify as to
expert knowledge. w. l.. Curtis thot
value not to exceed $500. Mrs. East
man was called by the complaints, but
was not allowed to detail the inventory
value Of the estate in 1917, since It
had no value rs evidence.
For the defense, Archer Miller.
county road overseer, gave succinct
account Of negotiations lesding up 70
the sale, the order Of the Board re-
questing him to investigate proper
storage place for the extensive county
machinery, his report to the Board,
the asking price of Mrs. Eastman as
$12 900, later reduced to $11, 900 the
need Of the garage and proximity to
other garages, blacksmith shops, and