Corvallis gazette. [volume] (Corvallis, Benton County, Or.) 1900-1909, 1905-06-02
COMPLAINT AGAINST CITY.
Enjoining City From the Ex-
penditure of Public Funds
in the Matter of
Survey, Etc.

against the OIty OF corvallis en-
joining said city for paving for a
sarvey and estimate of costs in
the matter of survey of a water
route from Corvallis to Rock |
Creek.
Some time ago, when this
matter came up before the coun-
Gil it was stated that if the coun-
Gil went ahead with the proposed
survey the city would be enjoin-
ed. 1t seems that the party
making the statement spoke
truly, for the complaint is now
matter of record. Judge Waters
being absent in Portland it has
been impossible to bring the
matter before him for argument,
that he might grant temporary
injunction pending an argument
of the matter before the circuit
court.
The complaint reads: "Thos.
Whitehorn, J.,W. Ing1e, c. H.
Lee, F. P. Sheasgreen, John
Smith, plaintiffs, VS.. w. G.
Emery, P. Avery, ]. T. Porter,
G. A. Covell, Alex Rennie. ].
B. Irvine, R. H. Colbert, w. R.
Hansell and Ed. Buxton, coun-
cilmen, constituting the common
council of the City of Corvallis,
in Benton county, Oregon; E. P.
Grefoz, as Police Judge of said
City; B. F. Irvine, as Mayor of
said City; William McLagan as
Treasurer Of said City, and G.
N. Miller, defendants.'
The complaint alleges, "That
said defendants composing said
Common Council of said City,
without any authority of law, are
now and for long time hitherto,
are and have been threatening to
make contract with one G. N.
Miller, claiming to bean engineer,
and to employ said G. N. Miller
to make certain surveys and esti-
mates preliminary to and intro
ductory of the construction of 2
waterwerks system for said city,
from a point on Rock Creek,
about IA miles west of Corvalli:
to said city, and in and through
out its corporate territory.
"That it is the intention of sale
City Council to pay the said G.
N. Miller the sum of $15 pei
day and the necessary expenses o
making said survey and estimate:
and that the aggregate cost to the
, said City of Corvallis for sale
services and expenses will not bs
less than 81. 900, and that it i.
; the intention of said Common
: Courcil to pay said sums o
! money from the general funds o
; said City by ordering the Polic'
: Judge of Corvallis to draw a war
liant on the said William Nc
Lagan, Treasurer of said City
: to be signed by the said Polio
Judge, E. P. Grehoz, and tn
!. said B. F. Irvine as Mayor there
+ of.
"That said defendants compos
ing said Common Council in pur
: suance of their said purpose c
j employing the said 6. N. Mil
: Ter and of paying him in tn
D manner aforesaid from the gene1
: : al fund of the said City and a,
= tempting to comply with Sectio
172 of the Charter of said Cit
:. of Corvallis, on or about the St
n day of April, 1905, withor
. . authority of law, attempted t
= y pass, and went through the pre-
y y tended form of passing a certai
/. Ordinance No I7o.
j That said defendants, said Con
,e mon Council, passed said pre-
IS tended Ordinance No 17o in O.
N der to enable them to carry OF
is their said threats to employ sal
le G.. N. Miller and to pay him 81
< per day and expenses for his Sc
s. vices as aforesaid and as part
at a their preliminary action to enab
n them to pay tor the same"
The complaint further alleg
D. among xumerous other item
= "That the said committee ha,
: contracted various and sund,
i bills against said City for pr
20 visions, supplies, livery and hat
iu hire, to aid in the said surv'
bo and estimates. towit. Grocerie