F Manning

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F Manning - } Judge ToStui Master In Check idy Report Case...
} Judge ToStui Master In Check idy Report Case jMiiupc Says He May Send Entire Matter Back to Hearing Court Urges Amendment 'Matter Too Important' to Be Pushed, Jurist Tells Attorneys EDWARDSVILLE, Feb. 26 — (Special)—The Wood River sewer check case today was taken under advisement by Circuit Judge Murl^e. «' ith tne announcement that he would study carefully all the evidence and, if he found any testimony lacking, he would refer the whole matter back to the master-in-chancery master-in-chancery so the hearing could be reopened. This announcement was made by judge Mudge, himself, after he had _k called for and heard arguments on }the city's'objections to the report "* of Mnster-in-Chancery Garesche. The master had found for R. B. Higgins & Son, contractors, against the City of Wood River and the Granite City Trust & Savings Bank. 'The city had sought to cash a check for $43;SQO deposited by the Higgins firm with Its bid on the projected Wood River trunk sewer. The Board of Local Improvements of Wood River had declared the contract with Higging forfeited when I lie firm failed to provide a bond which met approval of the Public Works Administration. The next step in the litigation was taken by the contractors, who sought to prevent cashing of the check by the city. Testimony was heard by Master- in-Chancery Garesche, who In his report to the court found for the contractor and held the city was not entitled to cash the check. This report was filed in court by the master, who also filed objections objections by Corporation Counsel F. M. Manning for the ity of Wood River. Manning filed two objections—one objections—one that the findings did not conform to the evidence; the other that the findings did not conform to the law. icn the case wjs. caltert ip, Circuit Circuit Court today, Manning said he was willing to subrt't the entire matter on the objections he had filed, and to forego argument. Judge Mudge at this point said: "This matter is too important to be handled in that manner, I have read newspapers that quoted Mr. Manning as saying he would argue his objections strenuously. I have not read the evidence taken by the master, but, from what the newspapers say, this is a matter of great importance to the people of Wood River." Then to Counsellor Manning, the judge said: "You'd better argue this matter." Judge Mudge then called in the court reporter and instructed him to "take down everything." This, said court attaches, was unusual and none could recall when a court had called for a record of argument argument on a master's report. Manning then began his argument, argument, nnd Judge Mudge broke in to ask if what he was presenting had not been presented at the master's hearing. "If necessary", said the court, "I can refer this back to the Continued on page 2. a A a

Clipped from
  1. Alton Evening Telegraph,
  2. 26 Feb 1937, Fri,
  3. Page 1

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