The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-10-06
THEY GOT AN INJUNCTION
Some Unexpected Moves in the Rail-
road Tax Cases Made Yesterday.
Treasurer Begins to Levy on the Property,
but Is En~joined-Asking for Divorce-Mis-
csllaneous Matters in the Courts.

Treasurer Backus to collect the taxes which
have been so long and still are in contro-
versy. A levy was made yesterday morn
ing upon ten engines and the electTic-light
plant ct the Union Station. Levies upon
engines and electric light plants were also
made in the various railroad yards. This
action by the Treasurer was altogether un-
expected. and took the railroad companies
by surprise.
w. X. McKeen, of Terre Hsute. president
of the Union Railway Company. was noti-
fed. and came over yesterday morning. A
consultation with the company's attorneys
brought A. C.. Harris into Room 2. Superior
Court. after q temporary injunction. He
reviewed the case from the beginning, and
was answered by the attorney for Treas
urer Backus in a long argument. Judge
Taylor then entered the following decree
In the case:
indianapolis Union Railway Company VS..
Victor NJ. Backus, Treasurer.
plaintiff now moves the court for a temporary
injunction In the case until the final hearing.
And the evidence being heard and argument of
counsel, and the court being advised In the
premises, does sustain said motion.
IL Is. therefore. ordered by the court that the
defendant. Victor NJ. Backus, treasurerof Marion
county. his deputies and successors, be, and
they are each and all hereby restrained from
all further acts. by way of levy and sale
ton OF taxes mentioned In the
COMPLAINT or any part thereof until the final
statue provided. And now the plaintiff files its
bond. with W. r. McKeen and NJ. A. Downing as
sureties. which bond Is approved by the court and
it appearing by the tatement OF the defendant
that ne has levied upon certain of the personal
property of the defendant this day, it is ordered
dy agreement that said levy shall stand, but the
hatQndanf aholl hQ uo fh0 roaoaeafon nf thu nrnn-
erty pending this case without further bond.
And now defendant moves that the foregoing
order be so modified that IL shall not restrain
the defendant from advertising the property
levied on as aforesaid. for sale at any period bo-
yond sixty-nve days from this date; the defend
ant agreeing, IN this connection. that II this Case
il not tried and finally disposed of in this court
before the day advertised for the sale OF the
property, then. in that event. the order afore-
said shall be- construed as restraining him from
selling the property upon the day set for sale by
the advertisement or notice for sale. And the
court Overrules the motion of the defendant, and
the defendant excerpts and prays an appeal TO
the General Term. and the court gives the de-
PENDANT thirty days in which to prepare and file
its bill OF exceptions.
w. r. McKeen, as president of the Union
Railway Company aud In his individual
capacity. and Col. NJ. A. Downing signed
the bond UNDERWRITING the treasurer from
loss. The filing of the bond gives the rail-
roads possession of their property once
more. which they will hold until the case
Is finally disposed of In the courts.
Mrs Jenkins's Complaint.
Yesterday morning there was filed in
Room 2, Superior Court. a complaint by NJ.
GenevIeve Jenkins against Dennis IL
Jenkins TO set aside O decree of divorce
granted in the same court on his complaint,
and thereby hangs a tale. A winsome fe-
male clerk is said to be the woman in the
case" The defendant in the suit filed yes
terday is the editor of the Jersey Bull;
street, and we'll known among
live stock men throughout the State.
In the original suit for divorce Mr.. Jen-
kins, after setting up the fact of their mar
rlsge at Neoga. Ill. In 1866. ALLEGED that
about the LIST DAY of March, 1870, his wife.
'for some cause unknown TO him. became
dissatisfied with their home' and aDan-
doned him. He asked for custody of their
six children. alleging that his wife was
not by Temperament and habits q sulJa-
BILE person to have custody of them.
The court granted him a decree upon his
complaint and gave him custody of the
children, he agreeing to pay 800 q year to-
wards the support of his wife.
Mrs. jenkins. in her complaint filed yes
terday, says that the facts as alleged in the
rigInal complaint arc. false, but that she
was prevented from contr3verting them
upon the trial of the case by threats of
Jenkin that If she did so he would take all
the children and move to Chicago and
leave her without support. She alleges
that at the time these threats were made
she was in poor health, and impelled by
them she did not maintain her de-
Tense to the action. That Jenkins
ON the morning of the trial demanded
of her that in case she hould
TO live with him she should answer, no."
and that ii she should be- asked if she had
any good reason for leaving him she should
say that she had no good reason.
Mrs. IenElnR in her aomDlainf nnnfaa
from the complaint tiled by her husband
the statement charging that for some IN
known cause she became dissatisfied with
his home and alleges that the truth ia that
several years before, the defendant Mr.
yenkinsl "became Of one Kate
Burnside. who had bccn In defendants
employ menf and office for eight years more
OF less" and alleges that be had trans
Miss Burnside. After the alleged falling in
love with the clerk she says he failed to
treat her ne his wife. and on several occa-
sions brought Mics burnside to his home
and was kind. sociable and attentive to
her. and ct the same time was cold, distant
and harsh in his manners coward his wife.
Want the Receiver Removed.
The Terre Haute Brewing Company.
Sander Il Rocker. Valentine Born and
other creditors of James III. Owinzs yes
terday filed "a petition In the Circuit Court
asking for the removal of David c. Bryan
10 receiver OF the Browning Hotel. Bryan
was appointed receiver of the hotel and
saloon upon the application of May
Brothers on an account for 500. The
grounds upon which the removal is asked
10 the alleged incompetence of the receiver
20 conduct the business properly and the
sact that the appointment was made with
out notice To them or an opportunity by
shem to contest the appointments at the
tmeit was made. The case will be heard
n the Crcnit Court room this morning.
Got No Receiver.
Judge Baker yesterday heard an argu-
ment in the petition of q New Jersey cor
poratien 10 have a receiver appointed for
the Crescent Paper Company. of Hartford
City, which is owned by r. I. Mcdonald
and other Fort Wayne capitalists. The