Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-10-13
WILL WIND UP Old
INJUNCTION CASE
City Is to Be Allowed Credits
by st. Louis Electrical
Supply Company
sTIPuLATIoNs ARE ACCEPTED
City Solicitor Van Law Outlines the
Proposition in Report to Sewer Com
mittee and Council Accepts-st.
Louis Company Now in Charge of
Trustee in Bankruptcy.

The old injunction case of the Cit.
of Marshalltown VS.. the st. Louis Elec-
trical Supply Company is going to be
wound up at once, w. ii
Barrere, trustee in bankruptc.
of the st. Louis concern. hav-
ing made a proposition to the city
looking toward the reimbursement, in
the shape of credits. of all amounts
for extra repairs at the sewage dis
posal plant in mis- city. and court costs
the plaintiff has made, and for which
1T is liable. The proposition was ex
planned in a report to the sewer COM
mittee by City Solicitor C. H. Van Law,
at the council meeting Monday night
and it was decided to accept the stip-
ulations.
The case of the city of Marshalltown
VS.. the st. Louis Electrical Supply
company was an action brought In the
faH OF 1901. In which the city sought
TO en1oin the st. Louis concern from
placing Van Vie pumps in the sewage
disposal plant, 1t having been con-
sidered that the pumps We're not ac-
cording to the specifications of the con-
tract. The case was tried at the Feb
ruary. 1902. term, and the city's in
junction was made permanent The city
went ahead with the work at the plant.
Installed Morris pumps and charged
them up,to the ST. Louis company as
credits. Since that time the st. Louis
Electrical Supply Company has gone
into bankruptcy, and Trustee Barrere
has made the overtures to the city in
an effort TO wind up that part of the
company's business In which MARSHALL
town is interested
The proposition of Trustee Barrere
Is that the city be allowed as credits
ali amounts for extra repairs on the
sewage disposal plant. and all court
costs that tho plaintiff Incurred. for
which ii is responsible. He also al
lows $3.50 for the plaintin's attorney
fees. In fact the city makes good on
practically all the expense it has been
put to as result OF the non fultillment
OF contract on the part OF the st. Louis
Electrical Supply Company.
kreutzer After the Great Western.
Monday was the regular quarterly
meeting of the council, and aside from
the monthly business the reports Of
Officers We're heard. All of the mem
bers We're present with the exception
OF Mr.. Webster and Mr.. Mcbride. who
are up north on a fishing trim.
MIR. kreutzer got after the C.hica go
Great Western Railway Company with
a gatling gun when the council reached
The head of resolutions. and fired three
shots into his enemy's camp with
marked rapidity and precision. Mr.
kreutzer's first resolution was one in
the company to install auto
matte gates at Third avenue, Second
avenue and Center street crossings
He explained the danger that existed
because there We're no gates and moved
the adoption of the resolution. Mr.
Greene thought that as long as there
would likely be something done in the
Center street viaduct matter before
very long, he thought that street might
as we'll be eliminated as not. and Mr.
Kreutzer accepted the amendment
Mr.. Abbott did not see any need of
gates on Second avenue, but thought
there was a necessity on Third avenue
On his amendment to eliminate Second
avenue there was tie vote, Ingledue,
Psenicka, Kreutzer and Arnold voting
nay. The chair voted aye, and Sec
ond avenue was eliminated. On the
original resolution, which, as left, called
for gates on Third avenue. the vote for
adoption was unanimous.
Mr.. Kreutzer's second resolution was
to the effect that the city solicitor be
instructed to begin an action to vacate
premises against the Great Western.
provided the company failed to pave
the driveway between Third and
Fourth avenues, within enc year from
the passage of the ordinance granting
the company the right to occupy an
ally, provided that it be paved accord
ing to the city's specifications. The or
dinance was passed Oct. 10, 1902, and
the year Is UP today, so that the resolu-
ton, which was passed, authorizes the
city attorney to begin action at once.
The third resolution was one order
ing the railroad company to construct
q permanent sidewalk along its prop
erty on South Second avenue, from the
north line, where the freight depot
stands to the railroad tracks. This was
also unanimously adopted.
Another resolution adopted during
the evening was one by Mr.. Good, au-
thorizing the streets and alleys. COM
mittee to purchase lots 10 and IL, block
I2tyerai5a addition for an