The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-07-08
couri Grants Temporary Restraining
Orders in Paving Matte.
Order to Show Cause in Each Case
ReturnabIe July 9th.
The Directing Property Owners Make
Various Allegations.
Councils Action Said to Have Been Un-
necessary and Arbitrary.
From Fridays Daily.

From Fridays Daily.
The anti-paving injunction suits were
were placed in the hands of Sheriff Will
Jams at 10: 80 o'clock to serve upon May
or Taylor, Recorder Hodapp and Presi-
dent Porter of the board of public works
The three suits are made retmnable at
special term of the district court to
be held July 5th at 2 p. m. At that time
the defendants are to show cause why
they should not be permanently restrain
cd and enjoined from entering into any
contract on behalf of the city for paw
ing Front street between Poplar and
Washington streets, or for paving Jack
son street from Broad to the alley be-
tween Front and Pike streets or
for paving Broad street be-
tween Warren and Center, and from con-
tracing to pay for the paving of the
same, and from pledging the faith and
credit of the city to the same, and from
creating or attempting to create any
debt against the city for any such pur=
pose, and from assessing any real es-
tate fronting on the said portions of
streets for the payment of any sum of
money for paving the same, and from is
suing certificates of indebtedness to any
person or corporation in payment for paw
ing or any portion thereof, and from
laying on any property taxes to procure
money to pay for the paving. In the
meantime, and until the further order of
the court, the defendants are enjoined
temporarily from doing any of the things
enumerated above.
The attorneys for the plaintiffs in each
case are Fl. L. & j. w. Schmitt, Jean A.
Flittie and M. j. Severance. The COM
plants in the Front and jackson street
cases are sworn to by John B. Richards,
and in the Broad street case by H. j.
Roberts.
The following are the plaintiffs in the
Front street injunction case: L. G. M.
Fletcher, H. R. Kurth, P. A. Presley,
John R. Thomas, Ole Nelson, Soren Mel
son, Adolph Lille, Ole o. Odjard, Her
man knott, o. Nicholson, j. B. Johnson
P. X. Wiser, A. G. Barney, John Klein
j. B. Richards, D. Richards, d. D. Smith
A. Anderson, G. j. Klein, VIM. Frisbie
VIM. Irving, A. G. Meyer, S. H. Grannis.
G. Webster, Chas. Wagon, Jake Wagon,
+. Eichhorn, Mrs. N. Lang, Henry Guth
John Brachmeyer, Jaseph Stahl, VIM
Erd. A. J. Beck, A. M. Klages, Bern
hard Kohler, j. N. Lang, H. Huttle,
Henry Fricke, Wendell Hodapp, Rather
inc May, Jacob Born.
? The plaintiffs in the Jackson street
case are A. Messer, John Klein, j. B.
Richards, D. Richards and VIM. Irving.
The plaintiffs in the Broad street case
are Gilbert Webster, II. j. Roberts,
VIM. Thomas and 81. G. Hotaling.
The complaints are somewhat similar
30 those in the Diamond and Patterson
suits two years ago, and are lengthy,
but they leave out some of the points in
those suits.
The summons ana complaint in each
ease describes the property owned by
one of the plaintiffs. Otherwise the
complaints in the three cases are nearly
identical. The powers and limitations
for taxation for street improvements of
the council and other city officials are
recited. and the tax levy of $4,000 of
1908 is given, and the anticipated collec-
ton of $50, 900 from liquor licenses. Not
withstanding the tax levy and license
fees, there will be deficiency of $4,000,
for the payment of which no provision has
been made. The necessary operating ex-
penses of the city will amount to over
100000 in addition to the payment of
nearly $1,000 on the Fifth street i'm
provement, for the payment of which
no provision has been made. For the
year 1904 it will be necessary to raise at
least $l5O,OOO by taxation to pay the
current expenses of the city and the
Indebtedness now past due and to fall
due during the year 1904, exclusive of
payment for paving Front, Jackson,
Broad and Lincoln streets. The total
taxable property of the city is $685.
362. The bonded Indebtedness of the
city is then recited, being $l97,5 500, and
The floating debt is given as $4,000, in
GLIDING what is borrowed from one fund
10 another.
1t is alleged that Front street has
heretofore been curbed, guttered and ma
cadamized. a part of the expense be-
ing paid by the city and the balance
aasassed AGAINST the nroDertv and saws