The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1906-06-29
COUNTY FILES
A DEMURRER
s,,,.eo Demurab'e Causes Found
IN Bill of Complaint.
n Be ARGUED TO-DAY
~. ..,.s for Commissioners viii Move a
'"I Dissolution of Iojuoc''o" and Dis
nsssI of Bill of Complaint.

r,,, TpIRIINE gave IT'S readers last
- ,he full bin of complaint on which
w.. Ss' ,smporary INDUCTION was granted by
r'irs Jones, restraining the board Of
'~stv commissioners from further pro-
'sIros in the building of a county
il in Fort Pierce
'' Tho Injunction was filed last Thurs
,,y and on Monday the attorneys for
Vs. hoard of county commissioners filed
with the clerk of the circuit court a de-
mrrer in the above cause, together
with two motions. One motion prays
az a dismissal of the complaint, while
y. other asks for the dissolution of
the Injunction
Attorneys F. l.. Hemmings and c. 7.
NcCarty, representing the commission
sr asked for hearing of the case be-
s,a Judge Jones in Titusville today,
when they will show cause why the in
imction should not stand. Attorneys
knight & Bray will represent the plain
lifts, R. R. Ricou and r. ID. Hoke.
Following is a copy of the demurrer
as filed in the clerks office:
IN the Circuit Court for the Seventh
Judicial Circuit, in and for st. Lucie
county, Florida. In Chancery.
RR. Ricou, r. d. Hoke, ct. al. vs.. W,
R. Hardee, X. b. Raulerson, j. r.
Bell, P. Kroegel and r. ID. Holmes,
the above named county commission
en, and Wagner & Dobson, the
above named contractors, to the bill
Of complaint of r. r. Ricou, K. ID.
Hoke, ct. al, the above named COM
plainants.
These defendants, by protestation,
not confessing or acknowledging all or
any Of the matters and things in the
said complainant bill of complaint
contained to be true, in manner and
form as therein set forth and alleged,
doth demur thereto, and for cause of
demurrer showeth
|, That the said compliments, in and
by their said bill, have not made or
stated such case as entities them, in
court Of equity, to any discovery from
these defendants, or to any relief
against them, as to the matters con-
tanned and set forth in said bill, or any
Of said matters.
2. The said bill states mere conclus-
ions, and does not set out any facts on
which said conclusions are based.
g. The allegations of the bill are
vague, indefinite, uncertain and argu-
tentative.
l. The allegations of the bill are in
consistent and contradictory.
o. The said bill states no facts show
me any fraud, lack of good faith, or
misconduct on the part of said board of
county commissioners, or said contrac-
'0s or any of them.
b. The said bill contains no allega-
aons OF law or fact sufficient to show
,"a' the board of county commissioners
s'A 'he power to provide for the cree
Won Of a county Jail at Fort Pierce, the
present county seat of st. Lucie county.
" The said bill states no facts show
"S any probability that the county seat
s'a county buildings will ever be loca-
sed at any other place than the town of
Fort Pierce.
., The bill of complaint sets forth no
.'l@ showing that the erection of a
s oua'y jail is unnecessary, extravagant,
s ~a,,ary to public policy, a waste of the
pu0''e funds, or in violation of law.
i, !" The said bill sets forth no facts
;"".ng that the contract for the erect
w. VI said Jail was made in violation of
~, :" Inc said bill does not state the
:, t''.''t assessed valuation of the coun-
NV m~ o. Lucie, nor does it state the
so.S a''e assessed valuation of said
+ .. Tor the next two years, nor does
~ love what amount can be raised by
two years. ''' Va" ''' VIC "''
u. -" Inc said bill does not set forth
M, present state of the county finances,
Of ., make any showing of the amount
" !, funds on hand.
:" Inc said bill contains no intro
49,, Continued on page 81