Rensselaer Semi-Weekly Republican, Volume 35, Number 18, Rensselaer, Jasper County, 31 October 1902 — The Commissioners’ Reply [ARTICLE]

The Commissioners’ Reply

To the Judge's Circular. Did the oounty pay for the the Waukarusa $3053.17 and for the Iroqnois $3646.70? Yes the oounty did pay said sums. Did the Members of the Jasper County Board refuse In March 1894 to select an Aliag viewer in the place of a White County viewer, disqualified by relationship? They did not. They had no power to make snch an appointment. Because they had no separate jurisdiction to do so. The Jasper Connty Board were acting ooDjoiutly with the White Connty Board, and the White Connty Board/not only refused to act, but had been enjoined from so doing by the White Circuit Court. And said injunction which was obtained by a tax payer of this improvement remains to this time undissolved. Has Abraham Halleck ever opposed said improvement and prevented the reimbursement to the oounty of $6699.87? No. The Iroquois ditch was ; finally dismissed and the dismissal | affirmed by the Supreme Court beI fore said Halleck ever had anything to do as commissioner with this improvement. ; Did eaid Halleck and bis comembers on November 22, 1897, employ Hanley & Hunt to colleot said sum from the petitioners and their bondsmen at and for the compensation of ten per cent, of the amount recovered by them ? Yes. The Supreme Court bad decided that the petitioners were liable to the county for the same. Did the Board of Commissioners of Jasper county on March 17tb, 1898, in joint session with the White Connty Board record that the Waukarnsa had no public utility. Yes. This ditch bad been pending and no action taken for four years and the White Connty Board were still restrained by the said injunction from taking any action and from appointing a viewer or proceeding with said ditch, and the large anlonnt of costs for which the petitioners were liable together with their bondsmen still remain j unpaid. Other ocmmissiooer | court ditches had been constructed over a large portion of the line J covered by the viewers report.

And no action having been taken by any person on the part of the petitioners for this improvement nor any other person either in their behalf to dissolve said injunction, and the Jasper County Board having no jurisdiction to proceed with said work, it appeared to this Board that the said peti tioners had abandoned said improvement and tbe connty having advanced the said costs, it became the duty of this Board to take some steps toward re-imbarring tbe county for the large sum advanced by tbe connty for this improvement. Accordingly, together with tbe White Connty Board they met and did tbe only thing that it was prndent for them to do They dismissed the ditch and directed the Auditor to make np a statement Of the costs as provided by law and employed council to cols led the same from the petitioners and their bondsmen. ' Were ill of tbe above costs advanced and prid oat by the county before Abraham Halleck and Frederick Waymire were elected . County Commissioners? Ye. Were net Judge Kent of the Clinton Circuit Court and Judge Palmer of the White Circuit Court, each appointed by -1 ndge Thompson to try the issues in tbe suit brought by the Board of Commissioners of Jasper Connty against • tbe petitioners and their bondsmen 'in tbe Iroquois ditch? And did

-*» not each of said Judges deoide against the petitioners? And did not Judge Palmer enter judgement against said petitioners and their bondsmen for the sum of $8500.00? They did. And said judgement was appealed from by the petitioners and the oase is -now pending in the Supreme Court. Hespeotfully submitted, ' Abraham Halleck. Frederick Waymire, : Js Commissioners. ' ** ’