Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1902-08-28

SuhS mouse. 4 ltiSITltG
Geo Rlenarr,son, G"nitnf lia, :
Andrew COnltharl \ rI-'n County
w. 4 Sfn!th, Iowa. Aug
vs. nsh tenn
John $ Hall, 1902
w s * ,l'y.
a J Gllmura,
Memoirs OF the board OF Sup
visions.
Plaintiffs respectfully state;
That they are cl,iz-ns aud tax
payers of Harlrson county, stale
OF Iowa, with an unity of interests
in thl. action aud in the relief d.
,nande.l. That the defendants
herein ar. aching rs members at
the board o. SUPERVISORS of Hair
rison c.uatv;, w = Kelly being
the only ono who WAS elected, tho
others having heen appointed
merely 10 fill vacancies At the
time of III. Aono;ntmnnts of john
S !tall and 4 J Gilmore each of
ssla par''es were so appointed to
fill the v.carc, nf u r-ynlsr m.m.
onr of the hnp,l Of snpn-visn,. nf
Harrison county who had hean
e.ected Ina special snpe, viss + dis
tract 10y the Voters of hls ,e-p.c-
tive sup iyispi ,ilnl,ict.
.t,i vi ~
lvle1is, tleft ,t"li,e heron, Ut n
rrgtiiAi june. s.ss.!tii t,l e,..u board
p IS a II resolution usscoutlnuiDg
,ne th.ee several supervisor dis
t lets In avid county and providing
{ lat two new supervisors
SHOULD be elected by the entire
county And vonr petitioners
charge that said defendants acted
Illegally, frandnlen,ly and with
out authority OF law in all they did
concerning the vacation of said
supervisor districts AID providing
Them iuT an election OF only two
me,nbars In the following:
F.rsl. Said defendants being
mstr MP ns n bonrd OF two appoinl-
eos had no Jurisdiction or author
Try under the law To change the
terms OF the office change the ter
ri:o,y or IN any msnner Interfere
wifh the rights of the people as
two OF said board were mere APP
uoin.ees Of certain district mem
bers who had been elected by the
voters cf their own districts.
Second. Tho defendants acted
| franlulently i'm that it was not for
1.-THE best interests Of the said conn
|ty, and said members were intlu-
enced unduly to SO acthy certain
persons in Logan, Iowa, of both
politital parties who were anxious
to continue said A j Gilmore and
~ s Hall in said office, as atlantis
believe and further defendants
Hall and Gilmore, MS atlantis be-
|lieve were induced to make said
illegal order under the promise
depressed or implied that they
should be nominated for the said
membership of said board.
That said board for the reasons
stated not only acted illegally and
fraudulently but they will proceed
! to further carry out their illegal
and fraudulent schemes by attem-
pting to call an election for the
purpose electing only two mem
beers of said board before this case
can be tried on the merits unless
a temporary writ of injunction be
granted to restrain them from SO
doing, and from directing the au-
ditor of Harrison county, Iowa, to
publish notice of election and
from taking any further action in
the matter 80 ordered by the
court.
Wherefore the plaintiffs pray
| the court to order the entire rec
ord of said defendants pertaining
to said illegal action certified to
| the court, that their action be an
|nulled and decree entered declar-
ing the same void and setting
their proceedings as regards there
to aside and that temporary writ
of injunction be issued restrain
ing said defendants from proceed
ing in any manner towards the
calling Of an election to elect two
members of the board, and restra-
lining them from causing a notice
of such an election to be given or
in any manner providing therefor
with Judgement for all costs of this
action.
COCHRAN d EGAN,
Attorneys for Plaintiffs.
We Chns House, Geo Richard
son, Andrew Coulthard and w A
Smith each for himself being first
duly sworn, on his oath says that
he is one of the plaintiffs in the
foregoing proceeding, that he has
read this, his petition and thatth
allegations therein are true as he
verify believes. Signed Geo Rich
ardson, Andrew Coulthard, Chas
House and w A Smith.
Subscribed and sworn to by George
Richardson, Andrew Coulthard, Chas.
House and w. A. Smith in my pres
ence this 18th day of August, 1902.