The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-05-16
ENJOINED AGAIN.
Paving is Held up on South
Broad.
L. Patterson and Others Object t.
Moving of cnrb and Gutter Laid
Four Years Ago.

The Barber Asphalt Co. has been
temporarily enjoined from going to
work on its Broad street contract be-
tween Warren and Lincoln streets.
Whether the injunction will be made
permanent will be decided at the
June term of the district court.
Judge Cray has granted restraining
order, enjoining the Barber Co. from
breaki:g.up, taking out, destroying,
damaging or removing.the curbing,
cutters, boulevards, driveway or sur
face of that portion of Broad street
from Lincoln to Warren, and from
narrowing the driveway to thirty
feet.
The plaintiffs in the injunction suit
are Lester Patterson, W. P. Coffin,
/. D. Webster. VIM. Thomas, Anna
M. Willard, Eliza Cannon and D. s.
Evans The complaint is signed by
Lester Patterson, and the attorneys
for the plaintiffs are g. L. and j. W.
Schmitt. The injunction is to hold
until June 3rd, or until such time al
It can be heard after that day. June
3rd is the first day Of the June term
of court, at which the first lnJunc'
ton proceedings are to be tried.
The complaint states that In 1879
the city ordered that portion of Broao
street from Warren to Lincoln to o.
curbed and guttered and boulevarded
and that it was so improved. Th'
driveway was reduced to thirty-si1
feet, and four feet cutters were pu
in, and limestone curbing put down
a.
property was assessed and taxed TO
the improvements sums ranging iron
S67. 04 to $73. 70 per lot, which SUM
were paid into the city treasury. Th
improvements are still in good con
dition. For these reasons an inJunc
ton is asked.
The Injunction order and complain
were served on John B. Robbins, tn
agent of the Barber Asphalt Pavlni
Co. at Minneapolis, Saturday, bu
sesyice was acknowledged as having
been made today.
While this does not tie the contract
ors up from going ahead with work O
the remainder of the street, j. w
Schmitt stated today that as soon a
work was begun elsewhere another in
iunction would be started. 1t was in
tended to delay the work at all point
until the original action has been de
cided by the courts. The attorne
expressed his belief that paving woul
eventually be defeated.
Mr., Patterson, when seen in regar
to the matter, said that he was yer
much opposed to asphalt pavement,
it is slippery and is no kind of surfaC
for driving purposes 1t is not use
on boulevards in cities, and does NJ
keep in good repair. People living
cities having asphalt pavements al
opposed to this kind of paving. E
said that he wanted the street IN
proved but favored macadam. II
latter is used satisfactorily on boul
wards in many cities land is a good q
around pavement, and not as expel
sive as asphalt.
Mr.. Patterson does not believe tn
the city has right to fix the wldi
of a street, lay a curb and quite
etc, and soon afterwards change Il
width. If the proposed change
made, it will necessitate the movlI
of the trees to the center of the boul
ward to make them uniform with t.
remainder of the street.
City Attorney Daley states that &
city has nothing to do with t
present case and will not interven
The company and property owners W
have to fight it out.
A. R. Pau, Jr., local represent
tive of the Barber Co., said that
papers had not been placed in t
hands of his firm as yet, and it mig
be that some attorney from the cit
would represent the company.
thought that the latter was sure
win, and thought that the case wor
not prove difficult one for the CO.
pany in the courts.
Supt Mclaughlin of the Barber
is expected to return to the city
night. 1t is believed to be his int
tion IN begin work in a few days.