Missouri Valley times. [volume] (Missouri Valley, Iowa) 1874-1931, 1905-08-17
CITED TO APPEAR.
Aloncna Harrison Joint Beard
Summoned By Wheeler.
Charged Will, Contempt In Dis
regarding Injunction.


Superior Court Jurisdiction Is
Question Involved.
Beard Members Contend That
Judge Scott Had No Author.
lily Outside Of Pctta-
wattamfe.
Nonpareil, Aug. is:
Six supervisors from Harri-
son and Monona counties will
get up before milking time next
Saturday morning and come to
Council Bluffs for a call on
Judge Wheeler, by special invi-
tation of the latter. They have
been cited to appear for con-
tempt of court in disregarding
an injunction issued by Judge
Scott of the superior court sew
eral weeks ago whichy ycommand-
ed them not to enter into a
contract for the construction of
the decentralization ditch sys-
tenn. The supervisors will bring
an attorney or two with them
to convince Judge Wheeler that
they did not act in violation of
any legal authority.
The order citing the super
visors for contempt was issued
by Judge Wheeler on the APP
plication of j. S. Dewell of
Missouri Valley, attorney for
Mrs. Florence Wood who sought
to enjoin the joint board of
the two counties from making
the contract. Those affected
by it are: Harrison county, John
A. Hall, A. B. Hosbrook, M.
Murray; Monona county, j. G.
Johson, A. Lamb, G. H. Elliott.
The supervisors acted on the
advice of the county attorneys
when they went ahead regard
less Of the injunction. They
do not deny that they refused
to obey it but contend that it
was of no force.
QUESTION OF JURISDICTION.
The question involved in the
contempt proceedings is wheth-
er or not Judge Scott had au-
thority to issue an injunction
against the Harrison and Mon
ono county boards. Mrs. Woods
attorney came to Council Bluffs
to obtain it from Judge Wheel
er, but the latter was out of
town. He then applied to Judge
Scott, who is empowered under
a general statue to act in the
place of a district judge when
the latter is absent. Judge
Scott granted the injunction,
but the supervisors would not
recognize it as valid, claiming
that a superior court magistrate
has no jurisdiction outside his
own county.
Previous to the time Judge
Scott issued his injunction
the boards had been temporarily
enjoined Judge Wheeler in an
other case. w. A. Smith & Co.
who were unsuccessful bidders
for the nona-Harrison ditch
work, procured the first
restraining order, but it was af-
terwards dissolved. The court
holding that only a taxpayer of
the ditch district could main
tain an action.
The contempt proceeding will
test the power of a superior
court judge in matters ordinari-
lily outside of his jurisdiction.
The supervisors and the at
torneys will combat the con-
stitutionality of any provision
in the statues which assumes
to extend the sphere of that
officer outside the county where
he resides.
M. Heinman and wife are the
guests of Boone relatives for a
few days.
Mrs. Thomas Nc Cune and
children are visiting relatives
in Long Pine for a week.
Mrs. q S. Halderman and
Vera and Hazel and Mrs. Hop
kins of St. Louis sister of Mrs
Halderman are Omaha visitors
today.
w, D. Cromie of Woodbine.
was in the Valley today on bus
mess.
Mrs. B. H.:smith returned to
her home in Boone this MORN
ing after a few davs visit with