Jasper County Democrat, Volume 12, Number 50, Rensselaer, Jasper County, 6 October 1909 — SECOND BLOOD FOR PETITIONERS [ARTICLE]

SECOND BLOOD FOR PETITIONERS

In the Borntrager Ditch Proceedings In Circuit Court. PETITION IS HELD SUFFICIENT And to Further Delay Matters Or Defeat the Improvement, Demonstrators Must Take a New Tack—• Petition Referred to Commissioners, Who Meet To-Day, and Are to Report At November TermOther Court Proceedings.

The petition for an extension of the Iroquois ditch improvement was hitched along another notch last Friday when Judge Wasson, who is sitting as special judge in this cause, held the petition sufficient. This ruling pushes the matter along to where it can be defeated only by remonstrance for cause, or an appeal is taken to the supreme court and the ruling reversed. The former petition, known as the Carr ditch proceeding, was defeated by a two-thirds remonstrance, but the present petition, by Joseph Borntrager, et al, has passed that stage and a different tack must now be taken to defeat the Improvement. Whether any further fight is made or not remains to be seen, but many people affected thereby seem to think that the improvement will certainly be made sooner or later, and that it might as well come now as any time and those nearest affected be getting the benefit thereof.

Owing to several of the attorneys in cases set for trial being engaged in the Kelly road case, which is dragging along in the White circuit court, their cases here were continued to next term and the jury notified not to come back until tomorrow, when the damage case from Lake county against the Knickerbocker Ice Co., is set for trial. Other proceedings of the circuit court since our last report follow: Joseph Borntrager, et al. ditch; court holds petition sufficient; D. W. Waymire show's that he his disqualified to act, and the court refers petition to W. F. Osborne, county surveyor, Ira H. Drake, ditch commissioner of Newton county, and Lucius Strong of Rensselaer as third commissioner, to meet Oct. 10, and report on last day of November term: 10 days given to file all bills of exceptions; bn.' of exceptions No. 3 filed and ordered made a part of the record. Lewis J. Lane vs. St. L. & S. W. R. R. Co., et al; continued for term. Michael Jungles vs. Thomas B. McCarty*, et al; title quieted. Albert C. Swing, et al. vs. Joseph G. Hobart, et al; judgment and foreclosure, $9,72a.62. John Putt vs. Catherine E. McKenzie, et al; title quieted. State of Indiana on relation of Benj. F. Alter, et al. vs. Barney D. Comer, et al; continued for term. Wm. Hoile vs. Daniel E- Fairchild and Joseph Iliff; plaintiff dismisses as to Iliff; Fairchild defaulted and judgment rendered against him for $78.48. Joseph Nissius ditch; cause continued for term, set for trial third day November term. Phoebe A. Yeoman, et al. vs. Alma J. Hammond, et al; court finds that Phoebe A. Yeoman has 1-3 interest in value free from lein; Effie M. Wade, Chas. R. Yeoman, James M. Yeoman, Grace E. McColly, Alma J. Hammond have 2-15 Interest in value each, subject to 1-5 mortgage of $6,000; Geo. F. Meyers, Chas. Dean and Benj. Harris appointed commissioners to make partition and report Oct. 6.