Durango semi-weekly herald., 1901-01-28

ISSUED
Judge Holbrook Overrules De
murrer Filed by the
Commissioners,
And, Pending Hearing, Issues
Injunction, as Prayed for
by the Plaintiff.

heard before Judge Holbrook last
evening, The commissioners are left
without peg to stand on. and If they
follow the best advice they will re-
scind the illegal resolution passed by
them and award The Herald the ooun.
ty printing and save the taxpayers
large sum of money. The hearing
came up on the demurrer fled by de
fendant, and counsel for commission
ers consumed much time in quoting
authorities that had little bearing on
the case and in arguments to the eff
feet that the commissioners were vir-
tually law unto themselves and had
discretionary powers that enabled
them to do as they pleased in sueh
matters.
The attorneys for plaintiff howev-
er, cited so many authorities that fit
ted the case at bar, quoting Colorado
supreme court decisions, that it took
he court but few moments, at the
conclusion of arguments, to decide
that the prayer of the plaintiff for an
injunction was just. In his argument
w. A. Reese plainly showed where
buNh iiiVbdl NOulh lcuu IT,
and that under their contentious no
safeguards were provided for the tax
payer-that the commissioners could
squander the peoples money without
limit
In its report of the proceedings the
article in the morning paper should
bring the blush of shame to the cheek
Of aVen "a dpnrayad rpnortar ne IA wau
utterly false in every particular. For
the purpose of showing the unrelia-
bility of the morning paper in re-
porting the case and trying to justify
the commissioners and it's own ille-
gal rake-off we reproduce portion
of their article:
'The suit brought by Durango Her
aid against county commissioners
terminated last night about ten
o'clock. Injunction was refused on
legal advertising. which leaves chair
man of the board clothed with author
ity to place such advertising where he
choose.
THE statutes provide, however,
that bids shall be asked on printing
of Letter heads, postal cards, and en-
velopes and injunction was issued re-
straining Mr.. Bradley from ordering
such supplies without contract. On
these three items new bids will prob
ably be asked, but upon no other
items. AS all the county offices are
Stocked with these supplies the fur
-. - T.
year would not amount to fifteen dol
lars at commercial rates, and at Hate
of Herald's bid it would not amount
to over two dollars and fifty cents. a
pretty amount for all the fuss that
has been made.
Board of county commissioners now
have the county printing practically
in their own hands and they will see
to it that no newspaper combine in
the future holds the county up for
double profits"
If, as the Democrat states. the coun-
ty is supplied with stationery for the
year, it must have been printed un-
der the Illegal resolution of the com
missioners and the county will never
pay for said printing. To read the
above statement one would think
the commissioners were little angels.
and that the robbery of the county
was right, but let every reader peruse
the order issued by Judge Holbroolt
and they will ascertain that it is en-
tirely different and upholds every
contention of the plaintiff. The or
der is as follows
Dilla A. Raymond, who sues on her
own behalf and on behalf Of all 9th
-er taxpayers of the county OF La
Plata, in the state of Colorado,
plaintiff,
The Board OF County Commissioners
of the county of La Plata, ]. G.
Bradley. c. A. Stuckman. and N.
+. Cooke, defendants.
Before Charles C. Holbrook. judge
of the district court of the 18th judi
cial district of the state of Colorado,
sitting in chambers in the court house
| at Durango, La Plata county, Colo
| RADIO. by invitation OF the Hon. j. l.,
Russell. judge of the 9Th judicial dis
| trict of Colorado, on the 24th day OF
January. A. ID. 1901.
| This cause coming on for hearing
at said time and place before said
Judge. for hearing on the demurrer
OF the defendants to plaintiffs com
plant, and having been argued and
submitted by counsel for the respect
i've parties, and said judge being ad
vised in the premises, finds said de
murrer not well taken.
WHEREFORE 1T is ORDERED
by said Judge that said demurrer be
and 1t is hereby over-ruled. Defend