Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-03-24
WlNANS
RECEIVER.
Superintendent of City Water
Supply Co. Plant Takes
Possession of Property.
LOCAL PARTIES ACT
Temporary injunction Procured by
Thos. II, Eaton as Bond Holder
Question Arises as to Legality of His
Suit-Hearing March rs.

James Winans, the superintendent of
the City Water Supply company
plant has been appointed receiver for
the waterworks plant by Judge Smith
Mcpherson, OF the United States
district court and has filed the neces-
sary bonds and took possession
of the property. Judge M. A. Rob
erts of this city has provided for the
issuing of temporary injunction to
restrain the water company from shut.
ting off its water supply pending the
hearing of the motion of Thomas D.
Eaton vs. the City Water Supply Co,
asking for the appointment of a re-
set for o'clock next Wednesday morn
ing, March 25, before Judge Sloan in
this city.
Both of these cases have been pend
ing for some weeks or at any rate for
week or more, and those most close
ly interested have been attempting to
l.
matter resolves itself into another in
teresting chapter in the waterworks
fight between the city and the water
company, and it would seem that the
company has won out in this instance.
The affairs of the concern are now in
the hands of the federal court, Judge
Ii
commands are to be carried out by
| Mr. Winans, who has been for some
months the superintendent of the plant.
How About Supply?
OF course the question that arises in
the minds of the people who own prop
erty in the city is: What is to become
of the water supply" This question
was asked this morning of William
| McNett, attorney for the City Water
Supply Co., who was in conference at
his office with w. A. Underwood, the
president of the company, who arriv-
! ed in the city last evening from his
home in New York, to look after his
| business affairs here. Mr.. McNett
stated that he is unable to say what
| the receiver will do with the works
| tween the city and company expires,
and added that the whole matter is
nowor will be after March %, the date
of the expiration Of the contract, in
/ the hands of the court. THE contract
will then be at an end" said Mr. Nc
! Nett, "and the receiver will have no
4 right to run the works longer without
an order from the court"
| The Receivership.
The order appointing Mr.. Winans re-
ceiver was received yesterday after
noon and he took official possession
of the plant as soon as he had filed his
/ bonds. This order was secured by the
| Continental Trust Co., Of New York,
/ acting as trustee for the holders of in
come bonds to the value of $325,OOO,
/ secured by mortgage. The case was
| filed in the federal court some time
ago at Council Bluffs before
Judge Smith Mcpherson, who
granted the request of the plain
| tiff company and appointed Mr.. Win
ans receiver on Thursday of this week.
The papers were sent to Keolluk to be
filed and were then sent to Ottumwa
arriving here yesterday afternoon.
The Order.
I Judge McPherson's order for re-
|ceiver is as follows:
'ln this cause upon reading the
hill duly verified and the answer of
the defendant herein admitting the
facts alleged in said bill, it is ordered
that receiver be appointed of all the
property, estate, effects and assets of
the defendant within the jurisdiction
of this court, and it appearing from
both parties hereto that James Win
ans, Esq, of Ottumwa, Iowa, is suit
able and proper person to be appoint
Led said receiver. it is therefore further
ordered that said James Winans be
and he is hereby appointed such re-
Ivceiver with all the powers usual in
such cases. And it is further ordered
that said defendant forthwith let the
said receiver into possession of all
lmortgaged property, estate, effects
and assets, and it is further ordered
that all persons whomsoeyer are
hereby ordered to absolutely desist
and refrain from in any manner inter.
ferins with the possession of said re.
ceiver or the obstructing said receiver
in the performance of his duties And
lit is further ordered that said James
Winans within ten days after the max
ing of this order give bond to be ap
proved by the clerk of this court in
the sum of $4,000, conditioned for the
faithful performance OF his duties as
such receiver.
Smith Mcpherson, Judge
The Home Scheme.
Meanwhile several property owners
in Ottumwa had been at work on {
scheme which they brought to eli
max last evening by securing tempo
rary injunction against the company
from shutting off the water supply
Several men in the city subscribed va
rious amounts and bought bonds Sc
cured by the Continental Trust Go
mortgage. amounting TO $4,000, payini
$1,000 for the same Thomas H. Ea
ton, formerly cashier OF the Iowa Ma
tional bank in this city and now
resident of the state of Maine, wher
the City Water Supply Co. is incorpc
| ,,at n1 ic,I ~ mo q ,,lo I'm