Evening Republican, Volume 16, Number 65, Rensselaer, Jasper County, 15 March 1912 — JUDICIAL RECALL A FACT IN JASPER COUNTY. [ARTICLE]

JUDICIAL RECALL A FACT IN JASPER COUNTY.

Special Judge B. B. Berry, of Fowler. _ Refusal to Hear the Bontrager Ditch Case. Much to the surprise of remonstrators and petitioners in the Borntrager ditch case, that being the lower Iroquois drainage scheme, and to the disappointment of the attorneys in the case, Special Judge B. B. Berry, of Fowler, who came here Tuesday to bear the cause, put into practice the much agitated “judicial recall.” It wa ,( in a modified form, however, for he recalled himself only and the judge’s docket shows the following entry: “Hearing cause continued and now the court refuses to hear the cause -further and refuses to act as special judge." / To the members of the bar Mr. Berry explained that when he consented to try the cause he was of the opinion that he was to render judgment only on a few points of law and. that he had no thought that the cas4 was of such magnitude. He said he foresaw that it might occupy two or three months time and that he could not afford to leave his Fowler office, when he has a large practice. A special judge receives only $5 per day and Mr. Berry had a little prejudice against working for that salary, except in an occasional case where it would be of accommodation to the attorneys and would not take up too much of his time. It is understood that Mr. Berry stated that, should the court be unqble «nd a lawyer U> act as specia. judge, he would arrange to hear the case if appointed by the governor. Should he be thus appointed, he would receive the same salary as a circuit judge, which is about $lO per day. The case was, of course, brought to a sudden termination by his action and can not be taken up until a special judge is secured. Attorney George A Williams is counsel for the petition ers and about all the other local attorneys,and William Darroch, of Kentland, and Jesse E. Wilson, of Hammond, are for the remonstrators. Moses Leopold, as city attorney to* Rensselaer, spoke Thursday again«r

the assessment of $2,500 levied again*’ the streets and alleys and public property In Rensselaer, whereas the individual real estate owner in this city is not assessed. Attorney Leopold took the viewpoint that city property owners were omitted from assessment because of. the large per cent of them that would remonstrate and that it is unfair to assess the city and not private property, for in paying the city's assessment, the money would be procured from general taxation and in that way persons who had chattels but no real estate would be required to pay for the benefit which only real estate received. Attorney Wilson contended that there was no justice in assessing property holders above the ledge of rock In Rensselaer. He talked at some length, but Special Judge Berry made no rulings and his withdrawal from the suit will require that it be started ovpr again when a new Attorney can be secured to hear it