Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-01-08
Third Restraining Order to
Prevent City Building Its
Own Waterworks
PEOPLE VOTE TO BUILD ONE
Private Company Succeeds in Stopping
the Laying of Iron Pipes in the
Streets Which Have No Connection
With Water System, But Which
Look suspicious-History of Fight.
Special to Times-Republican.

OttumWa, Jan. S.-The people OF this
city, by majority of almost three to
one, in spite of light vote, decided
Tuesday to accept the proposition made
by the city council to build municipal
water works plant. However, another
bomb was exploded in the public camp
by the City Water Supply Company.
now owning the private water works
system, in obtaining from Federal
Judge Smith Mcpherson temporary
injunction restraining the city from
laying iron pipes in the streets whlch
are manifestly intended for water
mains. The hearing is set for Saturday
at Red Oak, and unless the city an
swers satisfactorily the municipal plant
will yet be defeated.
The suit includes the United States
Cast Iron Pipe and Foundry Company,
and the Des Moines Bridge and Iron
Company. This suit is only another
cha pter in the long drawn out tight
which the city of Ottumwa IS maKins
for the ownership of her own water
supply system. When the Guy nrss
made an effort toward gaining posses
sion of the water works the City water
Supply Company fled petition IN the
federal court asking for an 1nJunction
restraining the city from carrying out
its purpose on the ground that the
city's indebtedness already exceeded
the constitutional limit, and the IN
junction was granted. The city then
ATTEMPTED to proceed under another ar
rangement, and passed an ordinance
creating a sinking fund and made
contract with st. Louis firm TO put
IN a plant for them and receive the pay
for the same out of this sinking fund.
The water company, however, objected
TO this plan and another injunction IN
the federal court ensued. The city ap-
nealed the case to the circuit court OF
appeals and the opinion OF the lower
court was affirmed. In the meantime
the city had another citizen bring ac-
ton for an Injunction in the state
court, An Injunction was granted, but
when the case was carried to the SUI
preme court the decision of the lower
court was reversed and this court de-
clared that the city had right to pro-
coed with the sinking fund plan. In
spite of this decision the city was I'M
able to go ahead because Of the re-
Injunction which had been
held valid by the circuit court Of APP
peals.
The next move was made by the city
Nov. s. when the council advertised
for bids for the furnishing and laying
Of cast iron water pipes in the streets
of the city. The contract for furnish-
ing the water mains was in due course
Of time let to the United States Cast
Iron Pipe and Foundry Company, and
the contract for laying the pipe was
awarded to the Des Moines Bridge and
iron Company. These pipes were to be
laid without any water connection
whatever, and there was nothing in the
contract to show what they were to be
used for. They might have been either
gas or sewer pipes, as well as water
mains.
The contract for laying these pipes
was let by the council and special
election was held in Ottumwa yester-
day to ratify the contract. This last
suit which was fled by the City Water
Supply Company some time ago was
kept as quiet as possible until yester-
day, at which time the notice was Serv-
ed upon the city of Ottumwa-
The petition for injunction was filed
with the clerk of the federal court in
this city and recites the fact that the
City Water Supply Company of Ottum-
was is corporation, incorporated un-
Ter the laws of Maine and that the
company owns property in the city of
Ottumwa which Is valued at approx
nately 100000. The petition is an ex-
.remely lengthy one, covering fifteen
pages of typewriter paper. 1t further
cecites the fact that the limit of in
lebtedness which the city of Ottumwa
IAN legally contract under the consti-
ltion OF the state is $119,126.45. and
hat the city is already in debt $140,-
,94, with number Of other contracted
obligations such as sewers and paving.