Omaha daily bee., 1899-07-11
BOARD ASKS A LARGER BOND
New Move in the Litigation Over tn
Council Bluffs High School.
MONEY NOW LYING IDLE IN THE TREASURY
Allegation that Building Material /,
Advancing and District is
Otherwise Damaged by
the Delay.

The Board OF Education yesterday filed
motion In the district court asking that
Slack Peterson be required to furnish an
additional injunction bond in the suit
brought by him to restrain the board from
building the new High school on Oakland
avenue. This demand is made in accord
ance with the ruling OF Judge Green when
granting a temporary injunction in this
case, in which he held that as soon as the
bonds had been sold the board could move
for an increased bond from the plaintiff
Tho bonds have been issued to the First
National bank and the money is now lying
TO the credit of the school district in Treas
urer Davis account. In making the appli-
cation for bond in the sum of $1,000 the
petition, after reciting the fact of the sale
of the bonds, sets forth the following:
Said school building bonds bear interest
at the rate of per cent per annum, pay
able semi-annually, dating from July l. 1899;
that solely on account of the writ OF injunc-
tion that was issued herein and served upon
these defendants the work of preparation CT
plans and specifications for the High school
building under consideration and the maxi
ing of a contract for the erection and COM
pletion thereof have been delayed for a
period OF about three months and may posi-
bly,, by reason thereof, be delayed Until the
opening of the building season in the year
speed the defendants, members of the Board
of Directors of the defendant Independent
school district, cannot now hope to be able
to enter into any contract for the erection
and completion of said High school building
until September Is, 1899, and possibly much
later, and that there is great danger that
the defendants will be unable to make such
contract as will insure the enclosure of said
building so that the work of completion
thereof may be continued through the COM
w
junction herein, the defendants would lave
been enabled to complete the plans and
specification for said building and to have
entered upon contract for the erection
thereof by the 1st day of July, 1899; that If
the defendants had been permitted 20 pro-
ceed with their work in the matter Of prep
aration of plans and advertisement for bids
and the making of a contract for the erec-
tion and completion of said building the
said building could have been completed
and ready for occupancy not Eater than jan
uary, 1900; that the defendant Independent
school district could not with safety have
deferred the issuance of said bonds under
the arrangements made with the First Ma
tonal bank until the termination of this
litigation and was compelled to issue said
bonds at the time they were issued in order
to save the amount thereof to the said inde-
pendent school district; that as result OF
the action of plaintiff herein the defendant
Independent school district will be compelled
to pay interest upon said money 50 realized
for the sale Of said bonds for considerable
period of time, not less than three months
and possibly very much longer than that,
and that the said defendant will be other
wise damaged because the price of
nearly all kinds of building material has
been steadily advancing ever since the build
ing season of 1899 has commenced, 80 the
work of the erection and completion of said
High school building will cost from $4,000
to Sc, 900 more now than would have been the
cost of the same could a contract therefor
have been made at the time contemplated
by the defendant members Of said board prior
to the commencement of this litigation; that
the injunction bond already on file herein
is entirely inadequate to compensate the de-
fendant independent school district for the
damages it will sustain and that said injunc-
tion bond ought to be increased to sum
not less than $1,000.
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