The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1903-03-21
CITY OFFICERS
ARE ENJ0INED
Not to Interfere With Work OF
Werner Building.
APPEALED TO COURT
Row Is on Between Mr.. Wer-
ner and the City Officials.

Judge Dale has issued a temporary in
junction against Mayor B. F. Mclean and
Fire Marshal A. CT. Walden. as repre-
sentatives of the city of Wichita, re-
straining them from interfering with
workmen who are making repairs on the
wooden buildings owned by Emil Werner
which were partially destroyed by fire
February 10. There are three of the
buildings located on East Douglas ave-
nue. beyond the railroad tracks.
Ever since the fire Mr. Werner has been
trying TO get his buildings repaired. but
lie city authorities objected and stopped
the work, as they maintained it was con-
trary to an ordinance of the city. the
buildings being within the fire limits.
After much pickering and many threats
and much ill-feeling the matter has final
ly got into court and will soon be defin
itely settled. The people living in the
neghborhood of the partially burned
buildings became Interested and took
sides with the city as they naturally do
not favor wooden buildings, because they
are dangerous and because insurance
rates are higher. They sent d petition To
the council asking that the work of re-
building the buildings be stopped. The
resolution instructing the mayor 10 stop
the work. This the mayor did.
Under the city ordinance no wooden
building within the fire limits which has
been damaged 80 per cent cannot be re-
paired or rebuilt. and it is a question as to
the amount of damage done by the fire.
Mr.. Werner says il was only 20 per cent
and the city believes it was more than 80
per cent. In order to ascertain the
amount of damage done to any building
three disinterested citizens are u be
chosen, one by the mayor, one by the
owner of the building, these two to
choose a third.
In the petition. which was presented to
the district court by S. S. Ashbaugh. at
torney for Mr.. Werner it is alleged that
the damage done to the buildings was 90
per cent and that the plaintiff immediate
ly after the fire made application to the
mayor and fire marshal for permission to
repair the buildings This was refused.
The plaintiff selected one Julius Walters,
a contractor, to act on the board to eS-
innate the loss and requested the mayor
to appoint another disinterested citizen
to act with him. This the petition states
the mayor utterly refused TO do. and be
cause he could not get this done the
plaintiff began work on the buildings. 1t
adds that as soon as work was com
medced Fire Marshal Walden appeared
and threatened the laborerS and contract
ors with arrest. driving them from the
work and alleges that any person going
on the property with "A view of making
repairs is threatened with arrest.
The petition closes by stating that the
buildings are. in their present condition,
untenable and the plaintiff has suffered
and will continue to suffer irreparable
damage unless he be permitted TO restore
the buildings to their former condition,
and as he had no speedy or adequate rem
edy at law he prayed for a restraining
order.
Mayor Mclean and Fire Marshal Wal
den both think they are right in the mat
ter and it is evident the city council takes
the same view. or the resolution intro
duced and adopted two weeks ago, in
structing the mayor to see that the work
was stopped, would not have been pass
ed. The mayor also believes that Mr..
erner should not have begun work on
the buildings until the three disinterest-
ed citizens could make an estimate of
the damage done by the fire. This was
clearly violation of the city ordinance.
Regarding his alleged refusal to appoint
a citizen to estimate the loss, Mayor Nc
Lean says il is not correct. He did make
an appointment. but the two were unable
TO agree and the mayor suggested that
Continued ON E-iuGtI