Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-01-29
Judge MCPHERSON Decides
u Against City In Water
~ Works Case.
debt LIMIT is CITED
Says the City is the Only Necessary
i, Party on Defense and Decides Case
4 From That standpoint-Decision is
i Filled Today With Clergy at keokuk.
iFrom Tuesdays paily.l

8 The "baby" died 'a-bornin.'
H With few strokes of his pen Judge
sSmith Mcpherson has dispelled all
Sthe dreams of success the members
of the city council might have had
with regard to the case of the City
Water Supply Co. and the city of OF
fumwa, ct al. Judge Mcpherson filed
his decision today at Keokuk, grant
dng the plaintiff company a temporary
injunction restraining the city and the
l,tirms with which it had contracted
sfor the material and construction of
Ethe proposed "baby waterworks,' from
Gcarrying out the contract. The decis-
5ion, copies of which were received in
sthis city today by the attorneys in the
lease, goes into all the phases of
Ethe case, taking up first the one pre-
ssented by G. D. Fullen, of this city,
gin behalf of the city and the United
EStates Cast Iron Pipe & Foundry
nCo. His argument was that the firm
&he represented is not in the limits of
fudge McPherson's jurisdiction and
Hthat the case should consequently be
Mdecided in the citys favor However,
Judge Mcpherson calls this whist
Cling the constitution down the einds,"
Eand refuses to consider it as a seri-
#ous objection although he grants that
N$the Ottumwa attorney is in part right,
Sin that the defendant company can
Enot be brought into court. But he
Essays that the city is the only really ne
!; cessary party and that the Injunction
Magainst 1t will affect the three parties
Mnamed as defendants in the original
ssuit. The decision is as follows:
e The Situation.
/ Y
ION application for a temporary in
Function to enjoin the city from Great
Eng a debt, by carrying out contracts
Ewith the United States Cast Iron Pine
Eand Foundry company, a corporation
Fin New Jersey, and Des Moines Bridge
H.and Iron Works, a corporation of Iowa
The complainant owns real estate
and other property in Ottumwa, and
Earrings this bill as tax payer. 1t is
Ia citizen of the state of Maine.
Inc city proposes to construct what
Eis called a system of waterworks, and
ssathe foundry company and the iron
WWorks company above named are to
Efurnish material and do the work at
Afhe expense of about $4,000.
i Order Includes All.
The two corporations named, are
Preferred to in the bill. Whether they
are made parties is doubtful. The
I prayer is against them, and they are
ksGovered by the restraining order.
AS counsel say, that this court has
no right to adjudicate the matters
as against the city, without their pres
ence, am met on the Threshold of
that which is equivalent to a jurisdic-
tional question.
The city is in debt to constitution
al limit, and the complainant contends
that If the scheme of the city is car
ried out, that an invalid indebted
ness will be created, and therefore an
Injunction should issue to enjoin the
same. The name, if not the only con-
troversy, is between the complainant,
citizen of Maine, and the city of OF
tumwa, a citizen of Iowa l fully
agree with the defendant counsel, that
this court cannot by an order, or pro.
cess, coerce the appearance of the
Pipe and Foundry company, citizen
and corporation of New Jersey, or il
it does not appear, make valid order
against it as on the default.
City Only Necessary Party.
Shaw VS.. Quincy company, las u. S.
444. And it does not voluntary an
pear. And if this case were in one
of the Iowa State courts, jurisdiction
could not be had in case like this
over the New Jersey corporation Ser
vice of process on it in New Jersey
could not enforce it's appearance in
an Iowa court, or authorize any order
of decree against it, if it failed to ap
pear. There is no Iowa statute which
authorizes service by publication in q
case like this. 1t therefore follows
that neither this court, nor the state
court can take jurisdiction over the
New Jersey corporation. And it also
follows that it is an indispensable par
ty, that there is no court, either al
home or elsewhere, in Iowa or in New
Jersey, that can take hold of the case
Because if the complainant were to &C
into a court, state or federal, in New
Jersey, there could no way be found
to coerce the appearance of the city
of Ottumwa. If the contention o.
counsel for the city to correct, ther
complainant may have ever so good {
cause of action, and ever so man!
grievances, and yet no court, state o.
federal, can be found, to grant relief
If this be so, we have novel, curious
and serious state of affairs.
The city, and it only, is the neces
sary party.
Numerous cases, both federal ant
state, are found in reports, wherein
cases like this have gone to decree
with the city only as defendant. TIL,
contentious of counsel for defendan