Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-07
COUNCIL TAKES
QUICK ACTION
Enioins County Treasurer
Cooper From Paying Barber
Co. Any More Money
PAVING MUST BE MADE GOOD
PAVING MUST BE MADE GOOD
Mayor Ineledue Learns at 6 O'clock
Thursday Night That Barber Repre-
sentative is to Be in the City Today,
and Calls Special Council Meeting to
Prevent Him Getting Money,


PAYMENTS on the Barber Asphalt Com
pany's paving assessments, and at a
special meeting, held at 10 O'CLOCK
adopted a resolution of the judiciary
committee, enjoining County Treasurer
]. p. Cooper from paying to the Bar
Der people any monies in his hanas'
collected as taxes on the paving Ger
tificates held by the paving company.
Judge Caswell granted the temporary
injunction ten minutes after the couh-
ell adjourned, and at IL O'Clock Coun-
ty Treasurer Cooper was served with
the injunction. The county treasurer
has in his charge about $4,000 that
he would have had to pay over to the
company had the certificates been pro-
duced.
At 6 o'clock Thursday evening May
or Ingledue received telephone mes
sage from j. H. Killnar, of Des Moines,
representing the Barber Company,
stating that he would arrive in the
city at 10:3 30 this morning, and would
like to meet the streets and alleys
committee Of the council in the after
noon to talk over the repairs that the
company will have to make this sea-
SON knowing that the county treas
urer had on hand money collected
from the semi-annual tax assessments,
Mayor Ingledue hurriedly called to-
gether the judiciary committee, which,
with City Solicitor Burritt, held a ses-
sion and decided to make an effort to
secure an injunction restraining the
treasurer from paying over any more
money, assuming that while in the
city Mr.. Kilmar would produce GER
tificates for some of the assessments
and draw what money had been col
lected.
Council Meeting Called.
Early this morning Mayor Ingledue
issued call for a special council
meeting, and City Marshal Nicholson
was busy for an hour or more looking
up all members and serving them with
the notice. All were present at the
meeting, which was called to order by
the mayor at 10 o'clock. The object
of the meeting, as stated, in the call,
was ito consider the report from the
judiciary committee, regarding action
to be taken against the Barber Asphalt
Company and to instruct said commit
tee as to what action shall be taken by
the city as to said company"
1t was not known by the committee,
of course, just how much money was
in the hands of the county treasurer,
but the amount as stated in the coun-
Gil meeting was $4,000, which was con-
sidered conservative. The application
for the injunction only places the
amount on hand as $500, and states
that other monies are being collected
County Treasurer Cooper, however
says the amount on hand will aggre-
gate $4,000.
Resolution is Adopted.
Chairman Mcbride, of the judiciary
committee, told of the committees
meeting Thursday night, and the ac-
ton that it considered advisable. The
resolution that had been prepared by
the committee, which was introduced
BY Mr. Mcbride, was as follows:
Resolved, by the city council of the
city OF Marshalltown, that the judi
ciary committee be authorized to en-
ploy counsel to bring suit against the
Barber Asphalt Paving Company re-
straining such company and the coun-
ty treasurer from paying over money
on the paving certificates, and to can
Gel paving certificates issued by said
company"
Mayor Ingledue expressed his views
to the members, outlining the position
he thought the council should take.
The property owner who had already
paid for his paving, and those who
had signed waivers, should be pro-
tected by the city at all hazards. Those
who had not paid, and had suits al
ready pending in court, had the same
chance to continue their litigation, and
the action of the council would not af-
feet them in the least
Mr.. Calhoun thought that the city
solicitor should take up the matter
without the aid of additional counsel,
but Chairman Mcbride said that the
city solicitor had expressed himself as
not being sufficiently conversant with
the case and had asked
the committee that additional
counsel be employed to as
sist him. Mr.. Burritt has asked that
c. II. e. Boardman, who has been iden.
titled with ex-City Solicitor Van Law
in the paving cases, be engaged to as
sist him in the case.
Mr.. Webster urged the necessity OF
immediate action, in taking the meas
ures to protect the property owners.
Mr.. Kilmar, if he SO chose, upon his
arrival in the city, might demand III
money from the county treasurer, and
secure it before the council could do
anything. He did, not favor the en-
ployment of extra, counsel only until
time when Mr.. Burritt became fa-
miIiar with the situation.
Mr.. Iseman raised the point about
the property owners who are fighting
the paving cases individually being af-
fected by the city's action, and City
Solicitor Burritt said that it would
be an excellent opportunity for all to
come in and get all the cases adjusted
in one suit.
After the brief discussion of the
resolution, the adoption of which had
been moved by Chairman Mcbride all
voted aye. The petition for the injunc-
ton had already been prepared, Judge
Caswell was in readiness to hear the
application, and upon granting the
writ, the petition was filed in the dis
trict court, and the proper notice serv-
ed on Treasurer Cooper. The city filed
its bond in the sum of $1,000.
Want Work Accepted.
Mr.. Kilmar and ]. r. Mclaughlin,
the latter district manager for the