Jasper County Democrat, Volume 3, Number 14, Rensselaer, Jasper County, 14 July 1900 — ANOTHER LAWSUIT [ARTICLE]

ANOTHER LAWSUIT

In Prospect On the Keener Township Gravel Road Steal.--More Startling Charges Are Made. Charles T. Otis, Frederick R. Otis and James E. Rouseveville, by their attorneys, Foltz, Spitler& Kurrie, have petitioned the board of commissioners of Jasper county to go ahead and complete that part of the notorious Keener tp., grayel roads known as the “Otis” road. The petition recites:

That the Otis gravel road was about 4 miles in length and the Demotte road about 12 miles in length; that the contract for construction of said roads was let toSamuel McGinis, in March 1897, at $9,560, for the Otis road, and $22,298, for the Demotte road; that to pay for said roads the board issued bonds of the county in the sum of $9,500 fcr a special fund to pay for the Otis road, and $22,000 for the Demotte road, that the bonds were sold at a premium of S2OO, that on March 10, 1899, the board of commissioners took charge of the construction of the said ro.ids and the expenditures of the special funds raised for such construction; that the board did not at any time after taking charge of the said work keep a separate account with the special funds and petitioners are now UNABLE TO KNOWFHOM ANY RECORDS THE EXACT AMOUNT OF THE BPECIAL FUNDS belonging to the Otis gravel road which is unexpended, and said board has now entirely abandoned such work. The petitioners report that the Board has allowed and paid on account of the Keener township gravel roads $80,513.10, but THERE 18 NO WAY TO TELL HOW MUCH OF THE SAID SUM HAS BEEN EXPENDED ON ACCOUNT OF THE BAID OTIS Gravel Road nor how much has been EXPENDED ON ACCOUNT OF THE SAID Keener tp.. Gravel Road, but the petitioners aver that about 11 miles of the said Keener tp., road have been constructed, that less than one mile of the Otis gravel road has been constructed; that there is now in the treasury of this county the total amount of the funds raised by the sale of the bonds for the construction of the said Otis road, less the amount which has actually been expended in the construction of the small part of it which has been built. That there has been paid out OF THE COUNTY TREASURY ON ACCOUNT of the said Keener tp., road a large SUM OF MONEY in EXCESS OF THE AMOUNT RAISED BY THE SALE OF IT’S BONDS for its construction, and that such excess has been CHARGED TO THE SPECIAL FUND BELONGING TO THE SAID OTIS GRAVEL ROAD. The petitioners state that all of their said lauds are assessed to pay for the bonds issued |o pay for the said gravel road and that they have been so assessed for such payment ever since said bonds were issued. The petitioners state that they did not know that the board was not keeping a special account with the said funds charged to the said Otis road, only a part of which was actually expended for its construction.

"The petitioners ask the Board to determine the exact amount on the Otis Gravel Road which has been lawfully paid out for the construction of the said road and the balance of the said special fund which remains unexpended. They also ask the Board to advertise and let the contract for the completion of the said work, that bonds be issued and a reassessment be made to pay any balance which may be needed to pay for such Otis road, and that the Board proceed upon the bund of the contractor to recover for the use of the said Otis gravel road fund the amount in excess of the coutract price which it is compelled to pay to have said road completed. “Wherefore the petitioners ask the Board that the foregoing request be granted, and that the Boardjiroceed according to law.” The matter was “continued” by the commissioners. As the matter is in such a muddle and the commissioners have deliberately defied the express provisions of the law in not keeping separate account of each fund and in failing to keep back the required 20 per cent, until the road was “completed and accepted,” and there being no bond in existence, they can of course do nothing, and another big lawsuit is sure to result. The petitioners are large landowners and petitioned for the construction of the road originally. They will hardly submit to the squandering of this money and accept less than a mile of road for their $9,600.