Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1901-10-24
WANTS INJUNCTION.
Would Restrain Milwaukee from
Running Through Poor Farm.
A HEARING is SET FOR FRIDAY
Judge Robert Sloan Will Pass Upon
the Matter in Chambers in keosau-
qua-Plaintiff Wants Railroad to
Run Around the County Farm.

Wapello county has filed petition
in the county clerks Office asking for
an injunction to restrain the Chicago,
Milwaukee and st. Paul railroad com
pany from building line of railway
through the premises of the county
farm. j. c. Mitchell, one of the at
torneys for the county, took the pa
pers to Keosauqua yesterday, where
they were presented to Judge Robert
Sloan, and an order was secured fix
ing Friday, October 25, at 10 o'clock,
as time for a hearing in the matter
as to whether or not the injunction
prayed for should be granted. Judge
Sloan will hear the case in chambers,
in the Van Buren, county court house
in keosauqua.
An Amendment.
An amendment to the original petit
ton was filed this afternoon in which
the county alleges that it would not
damage the railroad company to make
a detour in it's new line and miss the
county farm in its entirety.
The Original Petition.
In the original petition the plaintiff
alleges that it is the owner of the poor
farm and has been for many years,
and that it is being kept and main
tanned for public purposes. That be-
sides caring for it's INDECENT poor, it
cares for it's incurable insane. 1t al
leges that poor house was erected
at a cost of $4,000. and that it is car
ing for and supporting fifty INDECENT
poor and fifty-four INDECENT incurable
insane. 1t alleges that it has an or
chard on the west and north of said
poor house, and that it has maintain
| ed recreation grounds for its female
patients therein, and on the east side
of the buildings is maintained recrea-
ton for it's male patients. 1t further
alleges that the defendant has located
a line across said lands. and is at
tempting to condemn strip 100 feet
wide for the right Of way for pro-
posed railway. 1t alleges that the de-
PENDANT has entered upon said land
way, and has caused sheriff's jury
to assess damages that would arise
from the appropriation of said land
1t further alleges that the defend
ant unless restrained by the court will
at once enter upon the lands and COM
mence the construction c. a line Of
railway.
Impair Use OF Land.
1t alleges that the construction of
said railway across said lands will
greatly and materiall. impair the use
of the same for the. public purposes
to which their use is dedicated and
devoted. That many of the incurable
insane that are cared for at said poor
house are strong of body and are gen.
orally quite docile, and work at farm
work all over said lands, thereby rem.
dering continuously wery valuable ser
vice to plaintiff; al likewise many of
the INDECENT poor, who are public
charges against plaintiff are kept and
supported at said public institution
while of weak mind and thereby una.
BILE to care for themselves, yet have
sufficient strength of body and intel
Iligence to do valuable work at farm
work or said lands for plaintiff. That
the incurable insane and weak minded
poor described in this paragraph, have
not the mental strength to protect
themselves from passing trains and
should said proposed railway be con
structed and put in operation, plaintiff
would be deprived to a very large eX
tent of the labor of the aforesaid per
sons, all to plaintiffs irreparable dam
ages.
Need Quiet.
, That many of the incurable insane
confined at said poor house, need fol
! their comfort quietness, and the nois,
, of the trains passing over such rail
J way would greatly harrass and aggra
ltrn 10 oh, Nd 81, D,,1l n
railway be constructed and operated
: it would greatly endanger the lives O
many of the insane in their recreation
: grounds.
And it is further alleged, that tn,
operation of trains over the proposes
right of way, would greatly increas,
the danger of fire to the aforesaid
buildings; and in addition plaintiff
= will be totally deprived of the usini
Z for the public purposes it is devote,
and dedicated to, so much of sal
lands as may be appropriated for sucl
right of way, should said railway b
: constructed and put in operation.
q Want Perpetual Injunction.
r The plaintiff prays for an injunction
restraining the defendant from enter
: ing or building any railway acros
said lands, on final hearing to max
the Injunction permanent, and that tn
). calling out of sheriff's jury and it
" action to assess damages to said land
I be null and void The plaintiff is rer
n resented by County Attorney Emer
d and j. G.. Mitchell.
d AFTER RoADBED.