Omaha daily bee., 1905-04-23
TROUBLE OVER PAVING PAY
Injunction Sought Against City on Barber
Asphalt Contract,
lRREGULARITY IN CONTRACT ALLEGED
Civil suIt Brought by state Against
Lnfe Young. Formerly state
binder, IL Set for Trial Mt
Des Moines on May y.
lFrom star Correspondent !

From n staff Correspondent
DES MONIES, April 22.-,special I'm
the district court today a petition for an
Injunction was filed asking that the city
treasurer and auditor be restrained from
paying the Barber Asphalt company s.. 45O
for extras on work done for the city.
The matter is important because it opens
the entire question Of the legality Of about
$4,000 worth OF work that has been done
for the city in what Is claimed is an Illegal
manner Besides the extras, for which It
Is claimed the city cannot legally pay, the
council has been in the habit when its
money ran out in particular funds to draw
up an agreement signed by the majority
of the aldermen The agreement never
came before the council for action. but
work was done by the Board Of Control
on these agreements. The aldermen thus
agreed to vote for the improvement when
the money was I'm the fund Altogether the
amount involved is very large and the mat
ter has never been presented to the courts.
The action for an injunction is brought
by the Civic league.
Try states Case May s.
The case OF the State OF Iowa against
Lafe Young for the recovery of 47O0 al
legged over payment while he was state
binder, is to be heard iu the district court
here May s. The case is about five years
old and has been in politics more or less
from the first 1t ia one of two cases that
were brought. 1t is charged in the case
that he was paid for putting covers on
pamphlets when there was no cover put
on and that he was paid for stitching
many thousands of books that were only
sewed.
Trouble Getting Cars.
%
Rapids has written to the State Railroad
commissioners and inquired what to do
when they order small capacity car for a
small shipment and the railroad company
does not furnish 1t. The answer from the
commission is that there is no law com
peling the railroads to furnish small ca
pacity cars. The Cedar Rapids company
wanted 10000 capacity car and after
waiting over week got one that was in
bad condition and had to wait another
week to get a good one, but were delayed
so much that they nearly lost the ship
ment.
OkObOiI opens Early.
The railroad commission has taken uT
I with the Chicago, Milwaukee & St. Pau
the matter OF opening the depot at Lake
Okoboji by May 10, which Is month
earlier than usual This was for the ac-
commentator OF a ldTBe nulnbtI WIN Nlol
20 begin their summer vacation early. The
road has replied that it will open the
depot on May 10 as requested.
Hubbard to Kansas City.
On a reuuistion from Governor Folk Of
Missouri. honored by Governor Cummins
Charles Hubbard mas been taken to Kan
sas City to answer for the crime of granC
larceny in stealing a. horse and buggy anC
other articles. Hubbard was arrested II
Valley Junction.
Balderson is Acquitted.
After being out just thirty minutes thu
Jury In the case OF the state against Del
Beldersen, charged with the murder o
James Callahan, an old shoemaker, brough
in verdict of not guilty, and BaldersoI
was released. Callahan was murdered sew
eral months ago. He was suspected o
having a great deal of money, and tn
trial is the second failure to fix the gull
OF the crime. the former trial beini
against an Italian named Pigneri.
Articles of Incorporation.
Articles of Incorporation were filed witt
the secretary of state today by the fol
lowing companies. North Belmont Tele
phone company, Milo, Ia, capital, $3.50
Troy Laundry company. Des Mones, capt
tai, $4,000; Gurler-Barth company, Ceda
Rapids, capital, $25,OOO to do business Il
dairy products Christensen Brothers
Spencer. capital $4,000, TO deal in sand
cement and he Ike
Try KutseIben Here.
Eric Kutzelbeu, supposed TO be a title
German, who has been indicted for mur
p der by wreeking the Rock Island flyer a
Homestead, is likely 10 be brought to De
Moines for trial before Judge Smith Nc
Pherson OF the federal court. Kutzolben'
attorney has gone TO Germany to see
evidence OF the non-citizenship of Kutzel
hen In America and also of his state o
mentality
Chilli and Peru May Fight.