The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-08

the streets OF the city and the making of
improvements under the specifications OF
the Board Of Public Works in the engineer
office, and have proposed 10 do II at a
much lower price than offered by the
said HoOsier Construction Company. and
while their proposals included the using OF
good and sufficient articles for the creOsot-
ing or the blocks TO be used, in each IN
stance their proposition has been rejected
because as claimed by the city engineer
they did not comply with the specifications
10 treat the block with kreodone or Re
public CreosOte paving oil. and plaintiffs
say that such propositions In instances
heretofore have not been to treat the block
before making the paving with kreodone or
Republic creOSOte paving oil. but have been
10 treat the blocks with equally a. good or
better material. and that IL was Impossible
Tor any specifications 10 be made by any
bidder upon the street improvement work
of the city TO Law wooden blocks because
of the fact that there was and is no such
thing In the market as kreodOne or Repub-
lie creosote paving oil. but the same Is
simply device and a scheme by the city
officials. including the mayor, the Board
Of Public Works, the city engineer. in com
mon with said Kenyon and said Hoosier
Construction Company 10 prevent all COM
petition and to enable the defendant, tho
Western CreOsOte Company 10 obtain from
the owners OF property adjacent 70 the
public streets at an enormous price the eX-
elusive use of the so-called article of creo-
sote manufactured by the Western CreOsote
Company
PROPERTY TO BE APPRAISED.
The complaint says that on Sept. 80 the
Board of Works. through the mayor and
Albert Sahm, constituting a majority there
of. ordered the abutting real estate on Tenn
pie avenue appraised. and advertised for
bids, which will be received and opened
on Thursday oct. 10. at 10 o'clock in the
morning. 1t adds: mo person will be per-
mitted to bid or if bid was made be &C
cepted or considered by said Board of Pub
lie Works or the city engineer, except such
bids may be made by the Hooser Con-
Struction Company or said Clarence y.
Kenyon or some one in their interest and
be in truth and in fact no competition what
ever under said proceedings, and that upon
the coming in of said bid and the letting
OF the contract, cloud will be cast upon
the title of these plaintiffs and their prop
erty will become subject to the lien in such
cases made and provided and they Will be
compelled to pay therefor or suffer the
loss OF their property" and that the pro
fraudulent, unjust and unlawful, and they
therefore pray that a temporary restrain
ing order may be.granted and temporary
injunction issued until the final hearing of
this cause"
The complaint also asks that the defend
ants, the Western CreOSOte Company
Reilly, Mcguire Mayor Taggart and Ken
yOn-be required to submit to an eXamina-
ton touching the existence of the Western
CreoSote Company, the quality of the oil
they furnish, and as to what kreOdone or
Republic creosote paving oil is, who are
interested IN the Western CreOsOte Com
pany and what their interests are and
what amount paid, If any, by the Western
CreOSote Company or Reilly TO the men,
bers and officials of the city government,
city engineer Board of Public Works, or
oil in the making of specifications for street
improvements by the use of wooden blocks.