Rensselaer Semi-Weekly Republican, Volume 38, Number 2, Rensselaer, Jasper County, 11 August 1905 — ALL BALLED UP. [ARTICLE]

ALL BALLED UP.

The Iroquois Ditch May Have to be Sold Again. CONTINUED TO THE SEPIFMBER TERH. The question of approving the sale of the Iroquois Ditch to Steward & Sons and Ed Bodette, came before the County Commissioners, on [Thursday forenoon; and judging fr^mpresent developements the proceedings will probably to be of no effect and a new sale ordered. Opinions as to the legality of the sale proceedings last Friday have been submitted by Hon. Jesse E. Wilson, and by R. W. Marshall, the County Attorney. About two thirds of Mr. Wilson’s opinion "is devoted to a discussing of the law bearing On the sale of the ditch. The closing third giv ing his conclusions, which were strongly to the effect that the proceedings were so irregular and at variance with the law as to make it very doubtful if buyers could be found for the bonds. Mr. Marshall’s opinion was along the same line, only much more comprehensive, and he pointed out a number of particular s wherein he believed the sale was conducted in an illegal

manner. Hon. E. B. Sellers, ofMonticello . was present and acted as special legal advisor of the Board. Judge Thompson and iW. H. Parkison, represented the ditch. Shortly after the beginning of the hearing Mr. Stewart., junior member of the firm of Stewart & Sons announced to the Board that on the advice of their attorney at Kokomo, they would not qualify to accept their contract atthistime. Mr. Sellers gave it as his opinion that as there was no signed contract with Stewart & Son for their part of the work namely the lower or outlet section and ho bond from them, and a public,declination to make one, then there was no legal sale of any part of the work; as the outlet must first be provided for. Mr. Sellers advised further that the contract could not be let to the next higher bidder, and that no other bidders except the one lowest bidder could be held to take the contract. He advised that more time might l>e given, with a view that possibly Stewart & Sons might yet conclude to file a bond and execute a contract. Or they might by a written transfer their bid, at the same price, to some other party. It was the advice of Mr. Sellers that remonstrators against the contracts, M. M. Hathaway and Gundrum & Tayler, had no right to protest; that that right pertains only to affected land owners. He advised that'none of the contracts for the work above the outlet section were or of any force until the outlet section was provided for. Generally speaking he avoided any decided opinion on the legality of the proceedings at the sale, of the J ditch, though the gemr.il '.tenor of' his talk was that he thought there! was no irregularity that could not' be cured by an amended report l»y J the engineer, provided Stewart & Sons executed their bond and contract. Acting on his advise the Commissioners continued the whole 1 matter to their September term. It is greatly to be hoped the ditch will not ln.ve to be rclet again, as it is scarcely within a possibility that such favorable bids will again be offered.