Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1889-03-15
EXIT GALE.
The Tables Turned ON the
Fluffy Canton schsmer.
An INJUNCTION from the Court inter-
rupts his Speculation.
He Didn't Organize His Board
and Di MT Accept the
Wings.

la an effort ee&D something for their
own protection the numerous creditors
of Mr.. Pa.tee, insane hospital contractor,
have finally resorted to irjInction pro-
ceedines, upon the advice of attorneys.
They can thereby OF least delay Alters
until the situation at the hospital can
| be enqni.ed into and changes made
which will give the victims of The Gale
Pattee combination q better show for
Justice. In pursuance Of the plan to
epjoin the acceptance OF the unfinished
wings, which would transfer the last
payment of money into the hands of
Gale, District Attorney French yester-
day made out the papers in CD injunction
proceeding and took them TO Ollvet.
where Judge Trip is holding court.
The Judge promptly signed en- order
restraining Gale and his associates from
accepting the wings and citing them to
appear next Thursday to show cause
why an injunction should not hold
against them.
The complaint OF District Attorney
French specifies that the wings ere not
completed IN accordance with the terms
and conditions of the oontrect-that the
work and material are not In accordance
| with the terms Of the contract, but are
in every way lDterior-that the wings are
| unfit for the us5s intended and danger
Gus to the inmates-that all payments
have been made excepting the final pay.
ment. The complaint further specifies
that the defendants intend to accept the
wings and certify the completion OF the
building and authorize the payment OF
the balance due the contractor. That
suoh acceptance and payment would be
9 fraud upou the territory and an Illegal
and 1nwarranted waste OF public money,
SO. II is specified in the complaint that
the alleged new board OF trustees had
not qualified as trustees, but proposed 10
act as such end the plaintiff, having no
adequate remedy ct law in the premises
asked that the defendants be epjoined
from accepting the wings to the hospital
end be cited 70 appear and show cause
why they should not be restrained from
taking the contemplated action.
The complaint is supported by afi-
aa-;.s fem Z B. French. John Lang
and Ephriam Miner.
W~hereupon the court issued the fol.
lowing restraining order:
THE BOARD ENJoINEp.
Territory of Dakota. second Jndicisl
District, So. In the District COURT in
and for Yankton County. Territory o!
Dakota in the relation of l.. B. French
district attorney. in and for the subdivi-
va. f.. A Gale, G. W. Palmer and Otto
Peemiller, defendants And now this
14th day OF March, 1889, it satisfactorily
Appearing to me from the foregoing com
plant and sfidavlts submitted by said
plaintiff, thas cause for issuing the order
OF injunction prayed for exists, it is or
dered that said defendants end each OF
them show cause before me at my cham
bers in the city Of Yankton. territory o
Dakota, on the 21st day of March. 1889,
at ten O'Clock a. M, of that day why OF
order of Injunction should cot Issue res.
training said defendants and each ofthem
their sgests aud servants, from accept
ing said wIDes, or either of them, apd
from authorizing the payment Of the
bslance OF the money appropriated Tor
the erection aud construction OF saio
wings to j. B. Pattee, eaid contractor, o.
to any one for him. Aud Is is further or
dered that in the meantime. and until tht
further order OF this court, defendants
and each OF them, their agents and SER
wants, be and they are hereby absolutely
restrained from taking any steps what
!. ever toward accepting the said wings
and buildings, or either OF them, ant
from authorizing the payment TO said j
, b. Psttee, or any one for him, OF any
part of the balance of the moneys ap.
proprieted by the said act OF the legisle
a tive assembly for the erection aud con
strucsIon of said wings to said hoBpita
. for the insane.
BARTLETT TRIP, Judge.
, March ID, 1889.
. THE SHERIFF. s RETURN.
+. Territory OF Dakota. Ooanty of Yank
ton, ss. I, Frank Wymsn, sheriff o
Yankton coGnty, DAKOTA territory, d,
y hereby o,rtiiy that | served the writer
Q order Of injunction upon the with,
o named deiendante, F. A. Gale. G.. w
y Palmer and Otto Peemiller, by deliver
ing to and leaving with them and eac
OF them true and correct copies OF sol
order and exhibiting to them end eao
e of them the original order of %irjnucsio
9 with the signature OF the Judge attache'
thereto, at the county OF Yapkton an
territory OF Dakota.
FRANK WYMAN.
Ie Sheriff OF Yankton county.
sERvICE OF PAPERS.
The foregoing injunction order WI
10 served upon Trustees Peeuiller an
D. Palmer yesterday afternoon by Sheri
" Wyman. Mr.. Peemiller qualified earl
. SO the papers could be served, being
8. sympathy with the move. Mr.. Palm,
ives found at the asylum. He appeare
to be much bewilderei and asked Il
! sheriff what 1t all meant. The sher,
told him he had nothing to do with Il
merits OF the case--he was directed
serve the papers and had performed b
duty. ''Things seem to be badly mike
OF up here" said Mr.. Palmer, "and I dor
want anything &c do with them" N
~ Palmer is a only . day old trustee. E
a tumbles quick. Gale will hardly be ab
I'd to use him.
ut Laes evening Mr.. Gale arrived on ii
$50 Northwestern train. He hal be,
i'd to K%ingsbury county after Mr.. Kslle