Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-12-16
WINS BRIDGE CASE
Van Buren, County the Victor in
Contest
SELMA-KIL BOURNEMAIIER SETTLED
Judge Sloan Files Opinion in Liti-
cation of Much Interest to the PEG.
pie Who Reside Along the Rock
Island South of OttumWa.

Keosauqua, Dec. 12.-Van Buren,
county has won a sweeping victory in
the case Of the Modern Steel Structur-
al company against Van Buren, coun-
ty. The case is generally known as
the "Selma-Kilbourne Bridge Case"
| Judge Sloans opinion in the matter
has just been filed.
| The Modern Steel Structural Co.,
/ which furnished the bridge material
for the Western Bridge Co., brought
suit against the county for an unpaid
balance due them from the Western
Bridge Co., seeking to make the coun-
ty liable for this balance of the con-
| tracing company's debt by attempt
| ing to establish lien on the two
I bridges. Judge Sloan finds that the
Steel Structural Co. has no claim
against the county. He holds that
| the original contracts entered into by
4 the county were changed by the con-
tractors, and the materials furnished
were on that altered contract, and as
the board of supervisors neither au
thorized nor ratified the change, the
county is entitled to the benefit of its
contracts before the rights of third
| parties accrue. In other words, the
payments already made are within
$3,905.66 of the value of the bridges,
but their value being S4S55.26 less
than they would have been if built &C
cording to contract, the county is not
only excused from paying anything
more, but is entitled to receive back
from the contractor $949.60, with in
! terest, amounting in all to $1,047.72.
| The county has brought suit against
the contractors bond to recover this
last amount. The net result of the
case, stated briefly, is the difference
between the situation on February,
| 1901, the day the lien was filed, and
the day Judge Sloan filed his opinion.
| On the former date the county had
contracted for bridges az, practically,
$4,000, of which amount it had paid
about $4,000, and faced an unpaid
bill for materials of $4,000, and on
that day discovery was made that be-
sides this plight, bridges of about two
thirds weight had been erected. BY
his opinion Judge Sloan finds the
county in possession of serviceable
bridges, which, if cared for, will last
indefinitely, for which the county has
fully settled and entitled to receive
back over thousand dollars The
judgment is virtually that the county
shall keep the bridge at an outlay of
about $4,000 and the contractor and
material men pay cost of suit.
Keosauqua, December 12.-Miss Hat
tie Miller has returned to her home in
Memphis, Mo-, after a several weeks
| visit in keosauqua with relatives and
| friends.
George R. Harrison is at his home
/ here for a three weeks visit He will
then go to Canada, where he will take
up his work as travelling salesman.
Mr. and Mrs. John w. Rowley are
on an extended trip through the south,
They will visit Atlanta, New Orleans
and other southern points. They will
be gone until after Christmas.
| The l. o. o. F. order at their recent
election chose the following officers
for the ensuing term: Ralph Hogue,
N. G.; Seward Fellows, V. G.; R. B
Kittle, Sec.; G. F. Henry, Rec. Sec.
and G. E. Jamison, Treas.
| Mrs. Mcintosh has returned to hei
home here after a several weeks visit
with her daughter, Mrs. M. o. Fosnot
at Valley Junction.
Ellis Williams, who is attending
Iowa Wesleyan university at Mt
Pleasant is at home for a few days
visit with his parents, Prof. and Mrs
Williams.
4 Mrs. Belle Tower of Springfield, Mo-
is visiting with friends in this place.
:, Elder M G. Johnston of Keosauqua
who has been conducting revival SCI
!, vices at Pennington for several weeks
has closed his meetings and returne,
to his home. and will be gin regula
services in the Christian church here
Chas. u G. Robinson has returned
to his home in this place from thre
, weeks trip to Kansas.
Rev. and Mrs. Ingham and others o
this place were in Ottumwa this weel
attending church convention.
Mrs Jennie Brooks has returned t
her home in this place from a severa
weeks visit with her daughter, Mrs
A. B. Blackford, of Bonaparte.
Rev. and Mrs. j. W. Potter have re
. turned to their home in Bloomfield
after a several days'.visit in this plac
with relatives of Mrs. Potter.