Evening Republican, Volume 17, Number 91, Rensselaer, Jasper County, 16 April 1913 — BORNTRAGER DITCH AGAIN ASSAILED [ARTICLE]

BORNTRAGER DITCH AGAIN ASSAILED

Attorney W. H. Parkinson Seeks to Enjoin Construction on Alleged * Error of Court. Attorney W. 31. Parkinson, on behalf of Benjamin J. Gifford estate, John and Emma Herr, Bennet Lyons, H. E. Parkison and several others, has started- proceedings to enjoin the construction of the Borntrager or Lower Iroquios ditch, the contract for Which was sold to Chas. Sternberg several weeks ago. The suit will be based on ah alleged error made by Special Judge John W. Hanan, of LaGrange, and will set out that the order establishing the ditch was not valid because it occurred at a session of the court that was not legally an adjourned session. The, complaint sets out that on June 22nd Judge Hanan adjourned court without fixing a date for it® reconvention and that this action invalidated any proceeding until after the next regular session of the circuit court. The order made by fudge Hanan r(>ad “Adjourned until blank day of blank month.”, The court did reconvene on July -12th, the complaint sets out, and attorneys for the remonstrance filed a plea in abatement which was., overruled. The complaint further says that when the was finally, established by the court sought to the action by dating an order to June 22nd, setting out that the adjournment was by agreement of the attorneys until July 12th. Attorney Parkinson states that Judge Hanan adjourned court in order to accompany the Marshall boomers to the national convention at Baltimore and that the convention kept him there longer than he had expected and that he did not return to Rensselaer to open court until July 12th. He says that he will be able to show that the attorneys did not agree to the postponement and that the continuance of the action-was in violation of. Law and is sufficient cause for the "injunction asked in the complaint.