The herald., 1897-12-30
The Foxy Contractor Sued
BY School Trustees
STOP WARRANT IN HIS FAVOR
a CONSTABLE CAUSES ARREST OF
JUSTICE OF THE PEACE
Johnnie Burns, the Bold Footpad,
Plays in Luck-Adame Cursed
When He Got Five Year.

It will be recollected that couple OF
weeks ago Theodore Lutge, Boyle
Heights contractor, claimed that he had
been robbed by burglar of tin box
containing $4,000, which was taken from
bureau in his bed chamber While he
was in the kitchen. OF this sum $1,000 had
been received by him during the day
from the trustees of the Long Beach city
school district as payment on contract
for the building of school house. The
story was considered very fishy by the
police detectives who investigated it,
and the result was Lutge's arrest on the
charge of concealing the money for the
purpose of defrauding his creditors. of
which he has a number, who give him
anything but a good name as prompt
payer.
The case was thoroughly investigated
by Justice Young. who held Lutge to
answer to the superior court in the sum
Of $4,000, in default of which the defend
ant was confined in the county Jail,
where he still remains.
In connection with this matter, the
Long Beach city school district institut
cd civil proceedings in the superior court
yesterday against Theodore Lutge.
County Superintendent of Schools Spur
Geon V. Riley, County Auditor Charles F.
Bicknell and County Treasurer Thomas
j. Fleming are made co-defendants in
this action.
The complaint sets forth that the Long
Beach city school trustees on August 25
made a contract with Lutge to furnish
the material and labor and to build a
school house in the block bounded bv
Eighth, Ninth and Locust streets AMI
American avenue, for the sum Of s11, ,269
Under the contract, the plaintiff paid
Lutge sums aggregatins $5603.S2.
On the 1st of this month the board of
trustees drew two warrants in favor of
the contractor upon County School Su-
perintendent Riley, aggregating $3450,
pne of which was paid, but the smaller,
for the sum of s9121S, has not been al
though Lutge presented it to the county
superintendent.
The plaintiffs claim that Lutge has not
paid for the labor done and material fur
nished for the construction of the school, |
nor has he since December 8, when he |
was thrown in Jail. supplied sufficiency |
Of workmen or material to carry on the |
work, in consequence of which the school |
trustees, after having given him due no.
tice in writing, find themselves compelled |
to finish the building themselves.
Since Lutge has been in prison the
school trustees have been notified by |
number of sub-contractors that he owes |
them $419S.99 in connection with the |
building. The men who are on the dis |
honest contractors bond refuse to pay |
up any part of the penal undertaking, |
and it is not likely that they WILL unless
forced to by judicial proceedings, which
cannot safely be maintained until the
building is completed.
1t will require all the uneXpended bal |
ance of the contract price of $11 ,269, in
Guiding the s912.1S not yet ordered paid
by Superintendent Riley, to complete the
Long Beach school house, the lowest bid
received being $565S.5o
The suit is brought to enjoin the coun-
ty officials named in the complaint from
paying the warrant for $912.1S to Lutge,
and to have the court declare it Cancelled
and revoked. Superior Judge York made
an order that the several defendants ap-
pear before him on January 10 at 2
o'clock to show cause, and in the mean
time temporary injunction was issued, |
with bond fixed at $500