The Redwood gazette., 1936-01-30
Storm Still RACES Between
State Officers Over
Settlement
Statewide Attention Given
Matter Involving
Damages

At least two state officials,
Stafford King, auditor and Julius
A. Schmahl, treasurer, are expec-
ted to be in Redwood Falls Satur-
day for the opening of the injunc-
ton proceedings in district court
against the payment by the state
of $4,000 for the property of Mrs.
Elsie M. Appleton.
King has been party to the
proceedings and Schmahl's name
recently was included in the court
order which was filed against At
torney General Harry H. Peter
son; N. w. Elsberg, state highway
commissioner; Rex Green, IN
charge OF right-of ways for the
department; Mrs. Apple
ton and Frank Murphy of Wheat
on, her attorney. Schmahl upheld
King in refusing TO issue warrants
for the $4,000 settlement.
Whether Mrs. Appleton will be
present for the hearing was not
known Wednesday as no word had
been received from her. She is
believed to be in Clarendon, Tex
as. Murphy is expected to be on
hand, while the other defendants
may only send their attorneys to
represent them.
The proceedings We're instituted
by three Redwood Falls taxpayers
who protested against the $4,000
settlement awarded Mrs. Apple
ton for her lake shore plot. The
case arose out of the construction
of the new Redwood river bridge
and the relocation of highway 10.
The three are A. j. White, H. G.
Werder and S. B. Duea, while A.
C. Dolliff of Redwood Falls and A.
r. English of Tracy have been re-
tanned as their attorneys.
Statewide Interest
Judge Albert H. Emerson will
preside over the proceedings, filed
as a complaint and order to show
cause and returnable at 10 a. m.
Saturday. The case has attracted
statewide interest and has been
the subject of controversy ce-
tween state officials.
Mr.. Dolliff stated Wednesday
that the issues of law will prob.
ably be "threshed out Saturday"
while the issues Of fact will un-
be deferred until a lat
er session.
Peterson bitterly refused this
week to support Auditor King in
the litigation when the latter ask
ed the attorney general to appear
personally for him and introduce
his answer or authorize for the
of outside counsel in
the event Peterson should choose
to defend the highway depart
ment.
In denying his support and the
r; ght for King to retain attorneys,
Peterson retorted in a letter 10
the auditor that he must exercise
his judgment as to the merits of
the case and asserted chat King
had failed to give him the fullest
and fairest disclosures of all The
facts. Peterson also accused King
OF arrogance.
King To Answer
Peterson stated that he has re-
quested the highway department
to furnish him with all facts in
the projected purchase of the Ap-
pleton property and with data pre-
sumably to be given him by King,
will make his decision as to which
position he will assume.
King later commented that due
to Peterson's refusal to furnish
him with proper legal assistance,
he will present his own answer in
the injunction proceedings.
Originally appraisers set the
damages incurred by Mrs. Apple
ton through the construction acti-
vities at $4,000, which was ap-
pealed by the highway depart
ment as being excessive. Later
stipulations were filed whereby
Mrs. Appleton was to receive
$4,000 for the land and to retain
possession Of the house which was
to be moved by June 1. Mrs. Ap-
pleton is said to be holding the
residence for sale at $4,000 which
would bring her total renumera-
ton to $1,000.