The Vernon Record, TX, 3 Jun 1924 p1 c6

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The Vernon Record, TX, 3 Jun 1924 p1 c6 - 1 COUNTY WINS IN ROAD BOND CASE ON RRST TRIAL!...
1 COUNTY WINS IN ROAD BOND CASE ON RRST TRIAL! i Judge I*. A. Martin of Wichita Falls Sustains FM e a of Abatement, Dismissing Suit and Dissolving Injunction— Appeal Is Taken D. mit attacking the validity road boud Issue voted 22. iu road district No. 4, The of tin March j know u us the East Vernon ( tkluiui jhm district, was dismissed Mon 'day morning hy Judge P. A. Mar , tin of Wichita Fulls, sitting uajl‘*Pin# ii sneiial judge and the injunction I fuel, granted hy Judge J sines \ Lent was me nnd relative was dissolved The ui’ilou was taken ou a phxi of abatement, filed by attorney* for the count), Berry, Stoke* uml jl\Plough, of Vei uou, and W. I*. Dumas of Duilu-. ulleglng that the suit was not brought by tin* proper ipartles. Judge Martin sustained the plea of the County, dismissing tile Hiiit, dissolving the iujiimtion and orderiug the eosts assessed against the plaintiffs, C C. Haw* 'lew, et nl. Attorneys for the plaintiffs. Tay-! lor & Taylor and J. L. Lackey of Wichita Falls, formiollv exeejrted !fn)UI th<, ,.„UI.1*H r„ijn), Hll(1 KHVe Ii(i(j| f nm ,, rvv..n,v ,lu^ is j ..... „llow«al' to oei f.s r the ui»- l,u u" “1*; j>"'al ,h'* Seventh ) ourt of < Ivll Appeuls at Amarillo. The ih * i iti«m of the plaintiff* de . lured that the road district wu* 1 1 ;,id out in a manner unfair and j,!||juK( |(J ,.|irlMlll tlllI,1IVt.r. ap,..4 lhl„ ul<lr|l., v.l.h h .buuM I.r..|.-.ly I... jadded to the territory of road district district No. 3, known a* the liarrohl preeim t. It further alleged certain Irregularities in holding the olee- I 122| to*| th** re- tion at oklaunion and that many |H*rsons were ullowed to vote, who, were not under the law, qualified to vote In a road bond election. An uuicndcd i*etltlon was flhsl j May 2 by A M. Htutt. It L Custla- [hury. Lon Bfare, F II Wright. Joiioniflr Thieuie. W K. Gandy, A. jc Roger and 11 L. Harrell as lo- terpleadlng plaintiffs, usklnf that they la* made co plaintiffs with C. < llnwley, in whose uaim* the original pn-t ft ion was fih*d, adopt lug the pleadings of the original petition as their own Ltml further alleging that the ejection "was ear agree Iu or Mayor I m ih these formal consult on In* the City today. di*tails ally be the lief will If, gas j^*a it . favor of said minus by the!,, ... . . Ithe tied in use of money which was expended _ 1 , pir In larger sums by paid ugcuts, whuj went among the voters in said dis- tri(*t und electioneered In favor of | the liouils, and that mi id acts U|iou the |sirt of sniit j,siid agents un- iluly lnflueiie.sl the voters in said district and misrepresented the purposes to tin said voters to sueti an extent us to <aust* the subl cbstioii to tu'come corrupt uud tou... not N|s(ik tin* true, voter, sound! judgment of the ouwliftisl voters in j district.” Iu arguments U'fore the i*uurt ut ! tiu- hearing yesterday J L Ia»( k- j it, on** of the attorneys for the iplxintlffa, slated that their contentions contentions was not that tie? lsw per- | mittlng the eatuhUohuaent of hjho j isl road districts was uneooaiitu-| tional. nor that any fdstid had t»eeu j committed hv the Commlaslouers | Court, but that the Comuilasiouera i Imd drawn the tK»undari«*a of the) .district iu sin h a way as to he un* | land ut in for the the : Total i In ) fair and unjust to the plaintiffs), (lie also stated that while evidence if irregul«riti**s in holding the lection h‘td twun found, h** waa of th«- opinion that they could uot prove that therv was a snffl- ricnf rinunber <>f Illegal v*it**a «ast lo change the rmult of the (‘lection, i If thrown out The caM** of th**| plaintiffs, he said, was based out the alleged injustice and itnfair- Iness in laving out the district as bad been (tone fa tho • aae of road district No. 4. iu rendering Lie decision Judge j .Mmi tiu said ttiut the eouteiitlon 1 bat a tux In unjust because u yiiln tux'siyar does not btumfit dl- icetly from the **X[s-ndlture of th** tax cannot D* auataiusd in law lie •o<gK*’*ted that tnany people j * iv (tux*’S to built court bouse*, bridges, irogd* and aebuol houses who never l>rjr|<ii»ke use of them, and that If the Fain, contention of the plaintiffs on this with ||X*l*»t was sound th»* court dockets a I would be filled with Injunction lauita asking that tax levle* for ail fu- bis left her kinds of public ptirpo**** be set aside. It is lmiiossible to make public Improvement* that will benefit ‘alike all who must pay taxes to support them, he added. on n [th** i to tVr-|fbe I of i ■ of

Clipped from The Vernon Record03 Jun 1924, TuePage 1

The Vernon Record (Vernon, Texas)03 Jun 1924, TuePage 1
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  • The Vernon Record, TX, 3 Jun 1924 p1 c6

    sqgraham – 23 Jan 2016

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