Waterbury Democrat., 1901-11-08
WALKERS MONEY HELD UP
Injunction Served on the City
 Officials this Morning.

Papers Were Served by Attorney Root
 and Constable DonahueThe Walk
 CTS Asked to Appear Before the Su-
 perior Court First Tuesday Next
 Month.
 At short calendar in the superior court room this morning, Judge George w. Wheeler granted q temporary ln- Junction to Attorney Charles c. Root restraining the city from paying to Al derman Robert and Alice Walker the sum of $S9S, awarded them by the board of aldermen a few weeks ago for alleged damages to their property on Bank street, caused by surface water. The first paragraph of the doc ument enjoins the city as represented by Mayor E. G. 1lilduff, City Clerk NJ. ]. Ryan. Comptroller NJ. D. Russell and Robert W. Walker and his wife Alice to appear before the superior. court in Waterbury the first Tuesday in De- cember, and there answer to Attorney Root why the city should pay the above named sum to Mir Walker and his wife.
 The history of the case has been written in detail in the Democrat, so that it is not necessary to say much about it at this time Last April the paper served upon Mayor Ki!duff, City Clerk Ryan and Comptroller Russell states: Robert w Walker, a member of the board of aldermen, sent to the city clerk q notice in writing of claim for damages against the city, amount ing to S1,923, arising, as stated in said notice, by reason of water overf1owing from the gutter and sewer on Bank street, and iniuring the property of Mrs Alice c. Walker. the wife of said Robert ". Walker, which notice was signed Robert W. Walker. manager for Mrs Alice c. Walker''
 The communication was referred to the committee on law, composed of Aldermen Goss, Callan and Kane. Three or four months after the receipt of the claim the law committee report ed that the sum of $S9S be paid to Robert and Alice Walker in full for all damages claimed by them.
 When the report was read. Alderman Mahaney moved that it be laid on the table. The motion was carried Alder man Callan asking as tie chair decided 1t what was the sense of laying it on the table. Tn August it was taken from the table and passed without op- position. On August 2S q communica- ton was received from the mayor ve- toing the action of the board awarding damages to Mir and Mrs Walker. The veto was received and ordered on file. on motion of MT Goss. At the Octo- Der meeting Mr Goss called the veto rom the table and offered the follow Ing resolution. which was passed by q fn n of af4 lights that occurred in the aldermanic chamber i'll years:
 Voted, That the action or this board August 19. 1901. awarding the sum of SS9S to Robert and Alice Walker. in Iull settlement of any and all claims Tor loss. cost, expense or damage sus- talne1 by them by reason of water en- tering the cellar of their store and causing consequent injury to goods stored or placed therein: and further. that the city attorney be instructed immediately upon payment of such sum to the said Robert and Alice Walker. to bring suit against the He'll mann Brewing Go to recover back from said Brewing Go tie said sum. stand, the mayors veto notwithstand- ing"
 The complaint states the award was
 
 voted for it and that it could not have been carried without his vote. ..Walk- er 1t states, twas disqualified from voting thereon on account of his inter- est ill the subject matter thereof::' also, "the failure of the mayor of said city to approve, and his actual disap- proya1 of said vote of the board of al- dermen passed on August 19, 1901. and the failure Of said board of aldermen to pass said vote of October 14. 1901, by q two-tllirds vote, over said veto. renders said vote of August 1a, 1901, void and of no effect"
 John NJ. Sweeney of Naugatuck. a commissioner of the superior court, made out the complaint for the plain tiff. Charles G. Root, snd Constable Donahue served copies of it on Mayor Kilduff, City Clerk Nj. J. Ryan. Comp troller Russell. Robert and Alice C.. Walker. The injunction restrains the said Robert and Alice Walker from collecting the bill and also restrains the city officials from making out the order or paying it. It will make quite stir in municipal and court affairs, and the public will watch the tussle with considerable interest. Mfr Walk CT believes he is right ind will fight the ease into the last ditch.