The Vernon Record, TX, 23 Oct 1925 p1 c7
TO HEAR ROAD BOND CASE ON NOVEMBER 11 Court of Civil Appeals at Amarillo Amarillo Sets Date for Heariag of Suit Involving $150,000 Issue Issue of District No. 4, Wilbarger Wilbarger County. a 62 Is on The cps* styled 0. C, Hawley #t al versus J, V. Townsend, County Judge, and others attacking the validity bf the $150,000 road bond is#ue voted in special rood district No. 4, now on appeal appeal in the Court of Civil Appeals at Amarillo, is set for hearing in that court on Wednesday, Nov. 11. according according to advices received here yesterday. yesterday. The suit was brought to set aside the bonds voted for the improvement of (Vdorado-Gulf highway between Oklaunion and Harrold and Lee Highway Highway between Oklaunion and a crossing crossing on Red River, which has been established. The original petition alleged alleged Inequality of taxation and attacked attacked the legal statu# of the district generally. The bonds were approved by a vote of 375 to IV5 on March 22. 1924. The district includes the voting precincts of East Vernon, Oklaunion and Mack and virtually the same territory an Commissioner’s precinct No. 1, Du April 10 a suit was fileil* in dia* trjet court before Judge James V’, l eak asking injunction ugainat issuance issuance and sale of the bonds. A temporary temporary writ was granted and th* hearing hearing set for April 17 Judge I#eak din- qualified himself in the case. The hearing was postponed for various reasons abd w«a held on June 2, before before Judge P. A. Martin of Wichita Fall;*, sitting *** »pe*4al judge. Ho lismissed the suit and dissolved the ©junction. Appeal was taken and the Court of Civil Appeals returned the use for now trial. Tho second trial was held on Friday, Friday, January 30, before Judge l,«ak, when the cast* was gone into exhaustively exhaustively in order to fully develop it for appeal, ami the County again won a sweeping decision, sustaining the validity of the bonds and the integrity integrity of the district. The plaintiff# appealed to the Amarillo court. Brief# were filed recently, recently, following the summer vacation i if the appellate court which ended October I. Th* announcement r*« oived yesterday that « hearing had been set for November It was the next step in disposing of the litigation. litigation. Oral arguments will be presented by both -ides, supplementing briefs already submitted, when th* hearing is held In Amarillo. Berry, .Stokes & Killough of Vernon and W. P. Dumas of Dallas, g former assistant Attorney General in (barge of the bond department, are attorneys for the County. Cook, Uook & Cole were attorneys for plaintiff*, but Judge Robert Cole ha# mne* retired from the firm to accept ait appointment appointment as District Judge. Plaintiff# named in th* petition filed In District Court her* are C. < Hawley, A. M. Hiatt, It, L. Caatle- btiry, Lon Byars. F. H. Wright, Ottomar Ottomar Thieine, W, E. Gandy, A. C, Roger Roger and II. L, Harrell.