Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-10-17
City Secures Injunction From
Court Preventing Interior
ence With Repairs
JUDGE ORDERS WORK STOPPED
Judge eurnham Will Take Case Up On
Next Monday-LsPlant Fences Of
the Dam Site and tho City Main.
tains Guard. at Nisht-contsntion
Of the Land own'sr.

Work was stopped this morning OH
the mill dam, which is being rebuilt by
the city, and hostilities will cease until
the rights of all concerned can be SEN
sibly and properly determined. me
city secured an injunction from Judge
Burnham, at Vinton, last night. re-
straining G. w. La'lant, owner OF the
dam. from interfering with the work
men making the repairs, but in con-
nection with its issuance Judge Burn
ham ordered the city to cease work
until the hearing OH the injunction be
had This hearing was set for Mon
day.
The legal department Of the city APP
parently concluded 1t was not sure OF
its legal rights in proceeding with the
repairs, and Tuesday evening ex-City
Solicitor c. H. Van Law, who has been
retained to assist Solicitor B. L. Bur-
rift, made a trip to Vinton to lay the
matter before Judge Burnham. The
result OF this visit was the issuance by
the Judge Of another temporary in
Junction, this time restraining La
Plant or his representatives. from in
terfering with the city's workmen. At
the same time, to be fair to the owner
OF the dam, Judge Burnham ordered
the city to cease work until the hearing
on the injunction can be had. Next
90
term of court, was fixed for this hear
Ing, and In the meantime neither side
can accomplish anything in the ma
ture OF adding to or removing any Of
the work so far done.
Mr.. LaPlant's Contention.
That both sides had reason to be-
lieve they were within their legal
rights is certain, but that the city at
torneys found they were not is veri-
fed by their action in asking for an
other injunction. LaPlant's attorneys
claim the injunction under which the
work OF rebuilding the dam was under
taken was illegal and that they were
not aware Of the existence OF this al
legged injunction until few days ago.
1t seems that after the signing Of the
enrolled agreement and stipulation un-
der which the city was proceeding
prior to the destruction Of the dam by
high water the city's attorney drew-up
an injunction. which was presented to
Clerk Of Courts Lounsberry for his sig
nature, and was signed by him upon
the declaration that the court had Or
dered it signed. This injunction, 1t
seems, was never signed by the court
and it's issuance was not known to La
Plants attorneys until recently Not
contend 1t was of no force and that
therefore. they were within their rights
in ordering, city employees on sthe
ground on which the remnant of the
old dam is located. 3
Dam 10 Fenced In.
Tuesday evening LaPlant, Messrs.
Boardman & Lawrence and several
workmen built several wire fences at
each end of and across the dam, as a
warning that 1t was private property
and that those who entered the en-
closures were trespassing. In turn
the city placed Officer Breckel on
guard during the afternoon to prevent
another attempt to remove tools and
material, and two rnen were on guard
duty all night long. Regardless Of the
fences the city employees resumed their
labors this morning and continued
without interference until Mr. Van
Laws arrival from Vinton, when work
was stopped.
The bringing Of the matter to the
attention of the court is the sensible
proceeding, and the rights OF the city
will now be determined before addi-
tional city funds are expended.