Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-10-28
Resume Of ottumwa Water.
works Case.
OFFICIALS ARE ELATED
Another Case in High Court Vet to
Be Decided-Attorney McNett Says
He Will Ask for Re-Hearins-
Mayor Pickler Talks.

lFrom Saturdays DaiIyl
The case of c. A. Swanson VS. the
city of Ottumwa is one of the most
important ones ever brought in Wa
pello county. 1t was filed by C. A.
Swanson, a resident of the East End,
through his attorney, Seneca Cornell
in the district court Of Wapello coun-
ty the petition asking for an injunc--
ton to restrain the city from carrying
out the provisions of it's contract
by which it agreed to pay the Fruin--
Bambrick Construction Co., of ST.
Louis, 100000 for a new waterworks
system to take the place of the one
now operated by the City Water Sup
ply Co. The contract was signed and
ready for execution when Judge Rob-
ert Sloan. in the Wapello county dis
trict court, issued an injunction as
prayed for in the petition, on the
grounds that the city would if it pur--
chased the watel-works, go beyond it's
legal limit of Indebtedness.
Case in Federal Court.
Judge Sloans decision was almost
identical with that of Judge Smith
Mcpherson, who, at Council Bluffs
some time prior to the time Judge
Sloan made his decision, issued an
injunction restraining the city from
going ahead with its work. This was
in 1900 and it was planned to begin
the erection of the plant in the spring
of 1901 so as to have it ready for
work when the franchise of the City
Water Supply Co. expired, September
2S, 1902.
The city appealed both cases, the
one brought by the water company
and decided at Council Bluffs going
to the United States circuit court of
appeals at st. Paul and the Swanson
case going to the supreme court of
Iowa at Des Moines. The city was
represented by Jaques & Jaques and
Mitchell & Hunter and the water
company by McNett & Tisdale, who
| also took part in the case in which
| Swanson was plaintiff, working with
Attorney Cornell, who began the suit.
The matter has dragged along until
the franchise of the company has eX-
PRED and the city is now paying 5000
| per month in advance for hydrant rent
al to the local company This will
have to be continued for several
months, perhaps year, even if the
| United States circuit court of appeals
| hands down decision similar to the
one reached by the Iowa supreme
court, as nothing can be done until
both cases are settled and the time
has expired for petitioning for re,
hearing.
jacques Confident.
| City Solicitor Jaques was seen this
| afternoon by representative OF the
| Courier and stated that he is confident
Of victory in the United States cour1
(. since the Iowa supreme court has re
versed Judge Sloan's decision in the
| Swanson case. 1t is noticeable fac
that the federal court generally fol
lows the state supreme courts in cases
of this kind.
4 City Officials EIated.
/ Mayor Picker and other city Off
! Gals are elated over the victory in the
Swanson case and they consider thu
case already won in the federal court
The decision is an important one tt
\ various cities in Iowa which are in tn,
same condition in which Ottumwa ha
! found herself
Attorney McNett Talks.
Attorney William McNett, who rep
resents the City Water Supply Co. il
the cases, was interviewed by
Courier representative with regard t.
the matter. Il just received mes
sage telling me Judge Sloan's decision
had been reversed" he said, but
know little or nothing regarding tn
opinion itself. We have sixty days il
which to file petition for re-heal
ing of the Swanson case, and will fill
one