Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-21
Permanent Restraining mjunc-
ton Will Save Ottumwa u
Total of About $4,000
CAN NOW BUILD RIPRApPING
injunction Asked For by 3. w. Dunn
mitt, Restraining City From Such
Construction Along South E'ank Of
Dos Moines River, is Also Refused
History Of Fort Madison Bond Case.
Special to Times-Republlcan

Special to Times Republican
Ottumwa, March 21.--A permanent
injunction restraining the city OF OF
tumwa from further payment of either
principal or interest on the $4,000
bond issue donated to the Chicago,
TT Madison & Des Moines Railway
Company about twelve years ago, will
be issued within day or two upon a
decision OF Judge M. A. Roberts In
district court Saturday afternoon, de-
clnrjng in effect that the entire bond
issue is null and void.
AT the same time decision was also
handed down refusing the Injunction
asked for by w. b. Dimmitt, restrain
ing the city from constructing the pro-
posed riprapping along the south bank
Of the Des Moines river.
The decision of Judge Roberts In the
TT Madison bond case will save the
city OF Ottumwa $4,000 in principal
and about $4,000 more in interest. The
decision In the second case will en-
with the work Of building the rip
rapping along the Des Mones river
with view OF protecting the South
Side from the danger of damage by
floods.
Messrs. Mitchell and Hunter were
the attorneys for Mr.. Swanson and
Captain w. III. c. Jaques for the city.
They all pooled their issues and pulled
together. The attorneys for the bond
holders were Messrs. Dillon and Hub
bard OF New York City, Lane and
Waterman Of Davenport, and Baker
and Ball Of Iowa City, and
the general attorney for the
| National Life Insurance Company OF
Vermont. Especial credit is due to
Attorney j. G. Mitchell, who conducted
| the case from the time of it,, fling and
presented the matter before Judge
Roberts.
The Riprapping Suit.
The INTUITION against the city to
prevent the riprapping along the Des
| Moines river was filed by -. w. Dim
mitt, who claimed to be the owner of
property in Central addition which
| would be damaged by the construction
of the riprapping.
History Of Bond Case.
Some months ago. John Swanson
instituted in our district court a pro-
ceeding in equity to enjoin the city
from paying either principal or inter-
the Chicago, Eft. Madison and Des
Moines Railway Company. A tempor-
airy injunction was granted as prayed
sx,%< -
along with the city owners Of $4,000.
The owners answered the petition
of Mr.. Swanson and thereupon Mr..
Swanson demurred to their answers
and the city Joined with Mr.. Swanson
in his demurrer The demurrer was
submitted to Eihelberger, and he
sustained 1t. Immediately thereafter
the owners Of the bonds filed an
amended answer, and filed cross-pe-
titions. asking for judgment against
the city on the bonds.
To thei amended and to the cross
petitions Mr.. Swanson and the city
joined In a demurrer, which demurrer
after a11 extended pro ;Lnd con was
last Saturday sustained by Judge Rob-
erts.
Null and Void.
The decision Of Judge Roberts on
the demurrer renders the bonds and
the attached interest coupon abso-
lutely null and void, and thereby the
city, Is saved, including principal and
interest, something like $4,000.
Doubtless the owners of the bonds will
appeal to the supreme court, but coun-
sci for Mr.. Swanson and the city seem
to have not the slightest fear Of the
correctness Of the decision of Judges
Eichelberger and Roberts and seem
to have no doubt that the supreme
court will sustain their decisions