The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-09-15
TWO LIENS ON PROPERTY
LEGAL IN CONNECTION WITH BAR
RET BONDS, SAYS THE COURT.
Judge Harvey DissoIves the Tenn
porary Injunction Issued Against
Irvington Town Board.

The temporary injunction issued by Judge
Harvey, of the Superior Court, restraining
the Town Board of Irvington from making
brick Improvements on Washington street,
was dissolved yesterday by the court The
suits for injunction were brought by Jona-
than J. Roach and Sarah A. Hibben. In
the latter suit the plaintiff averred that If
the work was done it would endanger Bar
rett law bonds held by her that had been
issued on former improvements On this
question the court says:
In the case of Sarah A. Hibben. the only
question pressed is whether the board can
lawfully order an Improvement OF street
which has been improved, and on account
of which former Improvement Barrett bonds
have been issued, supported by liens de-
clared by law to be first on adjoining prop
erty, the contention being that again 10
improve the street will create new liens,
which will be first. and destroy the value
of the bonds held by the petitioner on &C
count of the first Improvement
1T has been repeatedly held that the
right TO improve streets is continuing
one and not exhausted by being once ex-
ercised. The judgment of the board as to
the necessity is conclusive, and the pur-
chasers of the bonds are held to have con-
templated this at the time OF acquiring the
bonds. The same argument could be as
forcibly made in favor of holders OF mort
cages on property bordering streets TO be
Furthermore, there is no showing in this
case of the value of the property or that
it is sufficient 10 we'll secure both liens. so
that If the law were with petitioner there Is
an absence of facts.
AS to the suit of Jonathan j. Roacn the
court gives this opinion:
THE Legislature has left the question as
to whether a particular Improvement is nee
essary to the Town Board The property
owners are given, by notice, an opportunity NY
Supreme Court that the objections snail be
treated as advisory only. The decision or
the board is final, though in opposition TO
the wish 0f the nrODpftV owners, ana so
long as the determination OF the board Is
in good faith the courts have no power TO
prevent its execution.
THE CONTRACT LET.
The deliberations of the Irvington Town
Board last night were long and wearisome.
The decision of Judge Harvey dissolving
the restraining order which had been
granted to keep the board from proceeding
with the paving of Washington street, re-
moved the mandates from the suburban
councilmen, but there was an ominous
silence among the assembled property own
ers which caused the board to feel It's way,
asking guidance of the town attorney at
every step. Samples of brick We're brought
on the scene. and these were Clipped OF
and examined closely; representatives OF
brick manufacturers and construction COM
panies talked long and loud in their own
praise, but the deliberations became pom
derous, and the dull heavy silence still pre-
vailed. Finally after it was nearing mid
night and the audience had thinned out,
the BOARD began TO assume u DuSlllSSS-llhe
air and a motion was made to accept the
bid of the City Construction Company for
the paving of Washington street with brick
at the sum of So Is q lineal foot on each side
of the street. The question as to the regu-
larity of this bid was then raised, and the
board went out of order and discussed tine
situation by twos and threes. A few nights
ago the board deliberated until a. M, and
one of the councilmen was taken for a
burglar as he went home, and narrowly
escaped being shot. During, the private,
confidential discussions of the board MEM
bers the property owners got together
and resolved to stay with the board till
the bitter end" The town clock struck II
and the board was still in session with
nothing decided Two of the boards MEM
bers finally becoming tired of the lengthy
discussion, started for home. The refractory
parties were caught and brought back by
Marshal Sam Smith, and Mr.. Arbaugh of
fered substitute motion to accept the bid
of the Capital Paving Company at SOB
hneal foot on each side of the street, and
for the town to compel the company TO
enter into bond of $4,000 for the pro-
posed work. The motion was carried and
the board adjourned.