The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-10
INJUNCTION TOO LATE
CASHIER SMITH HAD ALREADY PAID
MRS. c. f. ELDER $1,SOO.
Why the Injunction Order Was Issued
-To Prevent Opening of an Alley
-Other Court Cases.

Judge Leathers. of the Superior Court.
late yesterday evening issued a restraining
order TO prevent County Treasurer Koehne
from paying money to Catherine E. Elder,
but just as the deputy sheriff was serving
the order on Cashier Smith. Mrs. Elder
was walking out of the door of the treas
urer's office with A check for 81, 500 in her
hand.
The restraining order was issued on the
strength of "a complaint for injunction filed
by the National Surety Company. The
company brought suit against James f.
Mann, Benjamin F. Rogers, Catherine f.
Elder, the Board Of Public Works, Jacob
P. Dunn and Armin c. Koehne for an in
junction to prevent the payment of street
assessments. Mann contracted for i'm
proving Olney street, from Tenth TO Six
teenth streets, and the National Surety
company was on his bond. 1t is averred
that to secure the company against pay
ing out it's own money should debts or other
claims accrue against Mann the latter
turned over the assessment roll to the COM
pany. 1t also appears that Mann transferred
his claim TO the assessments TO Mrs. Elder.
The Board of Works had collected the
assessments and deposited the money with
Treasurer Koehne. 1t is charged in the
complaint for injunction that Mann owed
sums aggregating $516. 72, and the court was
asked to issue a restraining order to pre-
vent any payment of the assessments until
the debts were paid, in order TO secure the
company. The restraining order was issued
just a few minutes too late TO prevent the
payment of the money and Mrs. Elder
walked out of the office with her check
without realizing that within her hearing
a deputy sheriff was reading the order to
the cashier to prevent him from paying
her.
After finding that Mrs. Elder already had
the check in her possession, Taylor *
Woods, the attorneys who filed the suit,
bank from paying the money, and Judge
feathers granted another restraining order.
Attorney General Taylor said the suit was
brought for the protection of the laboring
men, and men who had furnished the ma
terial for the street Improvement. There
is no law whereby a laboring man or dealer
in material may file a mechanics lien on
a street or assessment roll, and the con-
tractor is thus exempt from all payment
Of his debts so far as litigation OF that sort
Is concerned. Attorney General Taylor said
the law is faulty in not making such pro-
may take contracts for street improvement
and throw them up or not pay their en-
ployes or for the material used, just which
ever might prove TO their best financial adj
vantage. 1t has been the custom of many
contractors TO borrow money TO make i'm
roll as security. II the contractor does
not pay his debts and throws up the con-
tract his employees and debtors have no re-
course except in a civil suit for the collec-
ton of account. A contractor may leave
the city and State, and then his creditors
have no means of collecting their ACCOUNTS,
as there is no law providing for a lien on
the assessment rolls.