Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-11-27
FEDERAL COURT DECIDES
AGAINST CITY.
Continued From Page ~

conflict on that question. The effect
of this decision however, will be to
prevent the city from carrying out the
Fruin-Bambrich Construction Co. con-
tract or their building the works I'M
der that contract.
AS rule the United States court
follows state courts where the latter
have construed either state statutes
or state constitutional provisions. The
fact that the appellate court has re-
/ fused to reverse Judge Mcpherson
would seem to indicate that for some
reason that court has declined to fol-
low this general rule in this case. l
am unable to conjecture the reason
unless it be that the appellate court
holds that the Swanson case is de-
parture from what the supreme court
of Iowa has heretofore held in respect
/ to what municipal debts are within
the meaning of the constitution. The
only way the city can go ahead with
the Fruin-Bambrich Construction Co.
contract would be to appeal to
l the supreme court Oh the United
I States and secure a reversal
of this decision. The only other way
for the city to build works would be
to begin anew and let the contracts
for works. The question would then
arise whether the federal court in that
case would follow this last decision.
Whether it would be likely to do so
: or not will depend very much upon
what ground is taken in the present
: decision"
Captain Jacques Talks.
Captain w. H. c. Jaques, city solicit
tor, was seen this morning by repre-
sentative of the Courier and confessed
that he does not understand the ac-
ton of the federal court.
LIT surprises me greatly" he said,
"and | cannot imagine what reason
can be given for the decision. The
precedent which has been set so often
in similar cases is SO well known that
it is almose useless to cite cases to a
court, but in my argument | cited a
, dozen Or more decisions in which the
state supreme courts decision has
! been upheld by that of the federal
court. This is the first time l have
ever known of decision like this one
and do not know what to make of 1t
and will not until l receive a copy OF
the opinion itself from the clerk OF
the United States court of appeals.
The Guys Position.
"The position of the city is now an
odd one. 1t could now be served with
mandamus demanding that it go
ahead with the Fruin-B ambrich
Construction Co. contract since
the injunction has been removed
by the state supreme court
but in the face of this the injunction
!, issued by Judge Mcpherson still holds
having been affirmed by the court OF
appeals"
City to Go Ahead.
Mayor Pickler and Alderman Hog.
lund, chairman of the fire committee
both of whom were seen today by a
Courier reporter, stated that the coun-
Gil will go ahead with the contract and
installation of the new water works
system for the protection of the bust
ness district of the city, the plans and
specifications for which are already
on file. The cost of this plant is tC
be paid from the water sinking fund
and this matter will not come under
the jurisdiction of any court as the
money is already in the fund, which
i was created for the purpose of build
, ing waterworks system.
Both Mayor Picker and Alderman
, Hoglund are at loss to understand
the decision of the federal court anC
neither do they know just what viii
be done as result of it, The only
: thing of which they are certain, as
Captain Jaques said this morning, is
that petition for a re-hearing of the
case will be filed with the United
, States circuit court of appeals at once
This is to be done no matter what
| grounds are taken by the federal court
| in making it's decision for the city so
t licitor says he has grounds enough fol
the petition in the fact that in many
previous cases the federal court has
t always followed the supreme court
of the states in interpreting the state
constitutions.
Might Buy Plant.
According to Alderman Hoglund
the city would consider proposition
from the City Water Supply Co. rela
/. tive to the purchase of the presen
plant from the company. Alderman
Hoglund, when asked as to this, said
Eyes, the council would undoubted
ly consider such proposition if tht
price were reasonable. Three years
ago we offered the company s65, 00t
for the plant and the reply was tina
in the opinion of the company the cit,
: had no right to buy the plant and tina
5 were it to be sold the price accepted
+ could not be less than $500,000 Thi!
was out of the question, as we viewed
it, but we offered the company a new
franchise provided 1t would agree tt
spend $4,000 on improving the plant
Then the owners Of the plant agreed
to take a francnlse and spend $500
year on improvements, provided thu
franchise included a clause guaran
teeing the company its income at tina
time, which was sS2,9297S, and inter
est at the rate of FIVE per cent on flu
ture investments. This too was on
i of the question and we We're practi
j cally forced into taking the matte
Y into our own hands,
S The Wabash Railway will sell on tn,
i list and Bird Tuesdays of each month
0 round-trip tickets at one fare, plus s.
/ for the round-trip, to points in Nortl