Rensselaer Semi-Weekly Republican, Volume 41, Number 67, Rensselaer, Jasper County, 11 May 1909 — The Humes Ditch Case Tried Saturday Afternoon. [ARTICLE]
The Humes Ditch Case Tried Saturday Afternoon.
Considerable interest centered in the Humes’ ditch case which was tried last Saturday. This ditch was petitioned for by John R. Humes and others, and the contract for its con struction was let in 1907 to O. M. Garrott, for the sufn of $990, and he gave bond in the sum of SSOO with B. D. Comer as surety, for the construction of the ditch. He did not finish the ditch, however, and Superintendent Leslie Alter readvertised the ditch and the same was bid in by Emmet Hopkins for $303, and he completed .the ditch. There was more bills than money and the superintendent could not tell which bills should be paid, and the land owners did not care to pay for the failure of the first contractor to make good. After hearing the evidence the court ruled that the superintendent should collect assessments in the total sum of $1,175.25, which was the original cost of the ditch on the basis of the contract let to Garriott. He then authorized the payment in full of the following claims, Emmet Hopkins, balance due him for construction, ,$178; Healey & Clark, printer’s fee, sl3; Foltz & Spitler, attorney’s fee, $47; Leslie M. Alter, superintendent, $61.25; the ditch viewers, $59; L. A. Bostwlck, engineer, $9. After the assessments have been collected and these claims paid, the following claims are to be prorated: B. F. Alter, $610; Oscar Stlbbe, SBS; John R. Humes, $66;, and another claim of $2.50 Jesse Garriott, $1.50; Jasper Circuit Court, $15.50; Mrs. Maggie Garriott, $30.00; Lawrence Garriott, $9.60; B. D. Comer, $27.00. The costs of this trial were also to be assessed against the ditch and proTated along with other claims. The decision virtually makes Garriott and his bond responsible for whatever shortage there is when the claims have been prorated.
