Evening Republican, Volume 16, Number 194, Rensselaer, Jasper County, 14 August 1912 — CHARGE INEQUALITY IN DITCH REDUCTIONS. [ARTICLE]

CHARGE INEQUALITY IN DITCH REDUCTIONS.

Remonstrators on Warpath Because Lawler. Assessment was Reduced One-Half by Special Finding. The Republican herewith presents the names of all whose assessments for the construction of the Borntrager ditch were reduced by the finding of Special Judge Hanan, and also all who were granted damages or increased damages by the finding as handed down last Thursday. The principal reduction was in the assessment against lands owned by J. J. Lawler, who was a petitioner for the ditch and also a remonstrator against the report of the commissioners because of objection to his original assessment. Twenty-five land descriptions which had been assessed against Mr. Lawler were reduced in. the finding of the court. These 25 descriptions had originally v been it . assessed a total of $9,550.09. This was reduced to $4,081, or a little more than 50 per cent. There were other reductions, but they do not total altogether as much as the reduction granted to Mr. Lawler and this fact is causing the attorneys for the rejnonstrators and their clients to allege that the reductions were exceedingly unfair and inequitable. One of the attorneys, for the remonstrators stated to The Republican that MiC Lawler had no claim for a reduction, that his lands were the ones to be benefited and that in some cases his low lands would unquestionably -be benefited as much as S4O per acre. He said that there was nothing fair about the finding and that the combined counsel for the remonstrators proposed to make a vigorous fight against the report standing. It is charged that as both petitioner and remonstratbr, with an attorney to look after his interests on both sides of the case Mr. Lawler was not entifTed to so much consideration jjnd that it looks a good -deal as though the settlement was made to appease him and that the court had erred badly in permitting so marked a reduction.-

The attorneys point out a number of pieces of lands assessed where reductions were much more to have been expected and they propose to do all in their power to get the assessments adjudicated with a view to equality. The land owners affected by the reductions and the original and reduced assessments are here pub: lished: Ofig Reduced Name As’mt to. J. J. Lawler ..... $8,550.09 $4,08100 Harvey W. Wood 273.33 182.22 John M. Wasson. 1,146.08 764.06 Mary C. Wood .. 295.29 196.86 Wm. L. Hill .... 300.00 160.00 Chas. ffill 760.00 610.00 Frank Hill 1,195.00 1,000.00 George Ade 413.97 240.00 Eliza ft W. McCray 100.00 50.00 Warren W. Sage.. 210.00 140.00 A 1 & Anna Peters 300.00. 150.00 John B. Lyons... 1,680.00 1,200.00. Marion I. Adams. 480.00 240.00 Joseph I. Adams. 480.00 240.00 Robert Michal ..i 531.96 360.00 City .of Rens . .. 2,500.00 2,000.00 Henry Paulus ... 156.72 90.00 Assessments made against lands owned by Alex. Merica and Louis F. Lehman were stricken off altogether, while that of Edward Hardiman was reduced to $1 per acre. Damages were Increased to the following land owners: . .

Name Orig. Dam. Inc. to. J. E. Larason $125.00 $480.00 W. If. Bringle 100.00 John B. Lyons 200.00 Oral B. Light 87.50 Hugh Light 210.80 300.00 Henry O. Harris 100.00 Lewis S. Dodson 120.00 George Ade 300.00 Adah D. Bush 280.00 John R. Hershmari ...270.00 350.00 Abraham Dewees ..... 33.33 150.00 Edward Hess, et al ... 200.00 Chris. Barton 10.00 100.00 After the reductions to. the assessments, which total a little over $7,000 and after the increased' damages are provided for, there Is still enough remaining to build the ditch. The court entered’the following record on the docket: Each remonstrator separately and severally excepts to each separate and several conclusion of law and findings - of facts. Remonstrator Henry Paulus moves' the court for arrest of judgment herein. Motion overruled and exceptions. Report of commissioners modified by reducing benefits assessed against lands owned by John M. Wasson, et al, (naming all whose assessments had been reduced). Judgment for costs against remonstrators. The C. & E. I. railroad, the City of Rensselaer, the Town of Remington, C. S. Chamberlin, John W. Marlatt, Delos Thompson and sixty others, Ephraim Gilmore and 105 others and Christian Hensler and 82 others and a number of others individually filed motion for new trial. M. B. Price, who was appointed superintendent, filed bond in the sum of SIO,OOO, with the Sourthern Securities Co. as his bondsmen. George A. Williams, attorney for petitioners, was allowed $2,000 to apply on fees as attorney.