The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1895-09-24
Water Commissioners Flooded
With Legal Notices of
All Kinds.
A TOTAL INJUNCTION ISSUED
Mr.. Hamshaw Leaves for Portland
This Morning to Try and Effect
an Arrangement With the
B0ndsmen.

BOuuSmen.
The water works mudd,e Is still the
subject uppermost in the minds of many
people in this city, and yesterday some
new developments were added that ma
| teriaLy increased the general interest.
There were crowds of Italian laborers on
all the street corners from very early
in the morning but outside of few
dozen Wild eyed Romans who had been
drinking more than was good for them,
very little bitterness was apparent. As
the noon hour came round the rumors
Of something being about to drop" grew
thicker and thicker, but IL o'clock passed
without amy attempt on the part of the
men to assert their rights In any other
than a peaceabe and legal manner. AT
| 2 O'Clock the water commissioners he'd
a meeting in the office of Judge Bowlby
/ and 1t did not take long TO develop the
fact that nearly everybody present had
a new theory about the trouble, and a
simple way out of it. A bombshel, in
the form of an injunction against the
commissioners granted by Judge Nc
Bride on the application of NJ. A. Hack
EFT, was sprung on the members before
! they had got well seated, and what with
the mass of assignments, notes, bills,
/ and orders brought out for inspection by
| the clerk and the city attorney the
members had more than they could do
/ to straighten out the various Legal tam
gies. Mr. Hackett's injunction, filed in
al SUIT by LaIForce and Smith, his attor-
neys, for an alleged debt of S2467.67 due
him by the Pacific Paving Co., read as
follows;
"The above named Plaintiff having filed
a complaint in the circuit court of the
state of oregon, for the county of Clat-
sop, against the above named defendant,
praying for an injunction against said de-
fendant requiring you and each of you
to refrain from certain acts, in said
complaint, and hereinafter more particu-
larry mentioned on reading the SAID
complaint in this action, duly verified
and plaintiff having filed the necessary
bond and 1t satisfactorily appearing to
the judge of our said court therefrom
that it is a proper case for an injunction,
and that sufficient grounds exist therefor,
and the necessary undertaking having
been given: .
I'VE, therefore, in consideration there
Of and of the particular matters in the
said complaint set forth, do strictly
command you That each and every of
you, that until the further order of said
court, you and each of you, your and
each of your servants agents, attorneys,
employees, and all persons acting under
the controi, authority or direction of
you or either of you do absolutely desist
and refrain from paying over into the
hands of the Pacific Paving Company,
a corporation described in the complaint
herein, any funds, moneys, credits,
Claims, or assets whatever you or either
of you may hold in your official capacity
or as individuals of agents of the said
Pacific Paving Co., or as officers or
agents of the city of Astoria.
(SigneO T. A. MCBRIDE.
On top of this formidable document
came a large number of assignments
drawn up in favor of a dozen different
parties The commissioners talked over
the situation for several hours and ad-
journed at $50 without having reached
any definite conclusion. They tackled it
again after supper and reports vary
as to the outcome. During the after
noon the queting influence uhat had
been at work among the labOrers since
early morning made itself felt to a con-
siderable extent and most OF the men
went out to the reservoir in much more
composed state of mind than they had
exhibited since Saturday. In view of the
fact, however, that esveral barrels of
gunpowder were known to have been Sc
creted by the Italians it was thought
wise to send out three police deputies |
last night to watch the works and pro-
tect the tunnel Under this protection
men were busy all night keeping the
water out of the lower levels.
There seems to be a very general i'm |
prssion, echoed by many of the commits |
sioners themselves, that whatever hap |
pens the money due to the laborers will |
be the first cash paid out by the water |
commission.
"A member of the commission when seen !
LIST night by a representative of the AS |
tcrlan said; "The injunction issued today !
by Judge Mcbride ties up the entire avail
able funds of the commissioners due un-
der the estimates. l fail to see how I
we can stir a step one way or the other |
until THAT injunction is either dissolved
or made permanent. Whether Mr.. Ham
sAsw succeeds in getting the names CT |
his bondsmen onto certain documents in
his possession or not it cannot affect us.
These assignments that everybody has
been taking so much about are not |
worth the paper they are written on
We haven't paid any, don't intend to
pay, and under all supreme court ru;-
ings in like cases can't be made
10 VdS dllN lhlc COMMISSION uOeS
not intend TO recognize the assignments at
al. l think you will find that the urin-
cipal aim of the commission is to see
the laborers treated fairly and paid their
wages"
MIR. Hamshaw said last night: BE
ginning with tonight our tunnel men wilc
start working and will keep 1t up night
and day at both ends of the work. I
am not yet at liberty to talk about the
under which these men are
working. That is a commission matter.
/ am going ,to Portland In the morning,
and viii leave back for Astoria tomorrow
night, While up the river l viii get
the signatures of the Pacific Paving Co.'S
bondsmen to some documents that am
taking with me- and have no doubt at ali
that, when l return and show these sign
ei papers to the commission, work on
the reservoir viii be Immediately resum-
ed Att the meeting OF the commission
tonight both sides explained their posi-
tions fully and l think 1t has led TO
better understanding all round. think
that all The men in our employ feel fully
satisfied with the turn affairs have taken
as near,y as / have been abe TO Judge"
Mr.. w, w. Parker said: "The water
commission met today and again tonight,
and l think that we have at last come
10 some definite conclusion. Mr.. Ham,
shaw's suggestion which he intends to
larry out is to so to Portland tomor-
'ow morning. visit his bondsmen and get
hom to consent in writing to the extern
sion plan of payment adopted last month
~ the commission. The payment to
Benin and Hamshaw OF their labor ac
,ount up to September 18th will furnish
hem with ali the money needed to dis
.harge their obligations now due to la
,or. The consent OF the bondssnen in this
natter will really be benefit to them
n saving them the far greater loss which
night be sustained by the stoppage OF
ne work and the necessity OF their in {
ervention 20 complete the contract
r. L. Boyle returned yesterday from
lfu Tnnrtfa ~ sd, --N---