Omaha daily bee., 1899-04-29
HIGH SCHOOL BUILDING SITE
Quarrel as to Location is Becoming Mixed
Up More Than Ever.
ANOTHER INJUNCTION AGAINST THE BOARD
Restraining radin of Oakland Ave-
nue. site and Completing Purchnse
of the Property Until Bonds
Are Disposed OF.

Are Disposed OF.
The opponents to the selection OF the Oak
land avenue site for the new High school
building are evidently determined to leave
no stone unturned in their effort TO deteat
the action of the Board of Education. Fear
ing that before the courts would dispose OF
the matter the board would go ahead and
complete the purchase Of the site, an amend
ment to the petition of Slack Peterson, in
which an injunction Is asked against the
board. was filed In the district court yester-
day. In the amendment a temporary In
junction Is asked for restraining the board
from proceeding with the grading of the
property and from completing the purchase
Of the site unit. the bonds have been issued
and disposed of. Judge Smith declined to
take any action himself in the matter, but
gave the plaintiff permission TO apply to any
other judge in the district for a temporary
writ Of Injunction. 1t is understood that the
attorneys for the plaintiff will make the
application to Judge Green, now holding
court at Avoca.
In the amended petition 1t is alleged that
the bonds so ordered by the defendant di-
rectors have not been ordered issued or
sold, but disregarding the proposition voted
Ol NhuN ~ III SbSNhA w pNA
chased from the proceeds of the sale of the
bonds and from no other source, they are
about to order the purchase money for the
site out of the general schoolhouse fund of
the district.
Also, that in violation of the expressed
provisions of section 2779 of the code, and
without advertising or soliciting for COM
~petitive bids, and before acquiring the title
to the site, they have begun work on the
building and grounds, have let or pretended
to let a contract for grading to e. A. Wick
ham & Co. for a stipulated sum of 7 cents
per cubic yard; that said contract for grad
ing is in excess of $500, and because of the
failure of the board to comply with said
section of the statute is illegal, null and
void and of no effect, and unless the said
Board Of Directors and the said Wickham
g. Co. are enjoined from proceeding with
said grading the same will be proceeded
with and a liability against the taxpayers
Of the district incurred therefor.
And further, that on the oath day OF
April, 1899, one T. L. Smith, and others
taxpayers of said district, under and by vir-
tue of section 2S1S of the code, appealed
from the order and selection of a high
school site as made by said defendants or
April II, to the county superintendent Of
Pottawattamie county. Ia; that said appea'
4 ALip bSSh III III l'SlSNNn lNNN't LIN i
now pending before said county superIn,
tendent for final determination.
!, The allegation is also set up that the de.
PENDANTS, in violation of said appeal, ar,
! proceeding without respect to the %pendency
4 of the same, and causing the site referred
> to to be graded and made ready for tn,
erection Of a building thereon, and alse
: are about to close the purchase of the sale
t site by receiving a deed and paying tn
! purchase price therefor; that unless re-
strained by injunction the said defendants
! threaten to involve the taxpayers Of sait
; district in the cost of the site aforesaid, ant
, the excavation thereof and to deprive then
q of any benefit they may derive from the re
2 suit of the appeal pending and great ant
: irreparable injury will be caused thereby
for which the plaintiff has no speedy rem
edy at law.
In conclusion the plaintiff prays. in ad
dition to the relief asked for in his origl
nal petition, that a temporary injunction
6 issue to restrain the defendants from tn
purchase of said school house site until tn
bonds voted therefor have been sold by sal,
district; that they be further restraine,
from proceeding with the grading of tn
site and from doing any act in the premise
until said appeal has been finally deter
mined.
! PRESIDENT SINS, IN whose CnarBe tne IHdt
y ter was left by the other members of tn
/ board, denies that any contract has bee
yet entered into with Wickham for tn
a grading OF the Oakland avenue property
y The grading is being done. but it is a
Wickham's own risk. He needed the dir
for his grading contract with the Fort Dodg
= and Omaha road and was given permissio
- TO go ahead and remove the earth from tn
n Oakland avenue tract, the understandin
being that he would not receive any pay 70
it in case the board failed to secure a It'll
to the property. Although the opponent
have taken the matter of the selection {
the site into the courts, no order so IA
, has been issued in any way restraining tn
board from proceeding with the grading
1t is understood that Contractor Wickhar
n lad secured permission from the owners {
&c the property, so that in the event of tn
school board falling to get title to the lJ
: he would not be liable to them.