Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1907-07-19
GRADING STOPPED

OHAFNOHiVV OHVH LIZ
An Injunction is Issued by Judge
Cowan, Restraining City From
Continuing Improvement
An injunction was issued by
Judge Cowan Monday morning
restraining the Young Brothers,
contractors, from continuing
their grading work. AS result
work was stopped Tuesday
morning, and at present the pro-
jected improvements are at a
stand still. Sunday afternoon
Attorney H. M. Gray, who is the
lawyers for the plaintiffs, drove
overland in an automobile to
Rolla, at which place Judge
Cowan was holding court, arriv-
ing there at about nine o'clock in
- ing. The judge was
Ia, I'M his slumbers, and
at nl1u1..e: MIR. Gray returned
to the city, arriving here at five
in the morning.
The hearing for the temporary
injunction is set for next Satur-
day. The real contention of the
plaintiffs, as set forth in the
complaint, which is of length,
consuming about six pages of
typewriter material, is that the
contract was illegally given, as
1.-THE city council had never adopt
Fed a. resolution declaring the
] work of grading the streets nee
essary, as provided for in The
Estate. statutes, and that further
more, it was the understanding
when bidszfor the grading work
were advertised that the project
ed improvements would only en-
brace such streets as lay within
the additions to the city, and not
any of the old town site, in which
Third street, between Uline and
Moore avenues lies. It is upon
this street that the plaintiffs re-
side, and they further contend
that the grading would Of neces-
sity injure their trees planted on
the boulevards, a great many of
them having to be uprooted.
This, they maintain, should be
done either in the spring or the
fall of the year, when trees may
be removed with safety.
The plaintiffs in the suit are
all we'll known residents of the
city, being M. J. Whipple, M. H.
Brennan, G. Ella Eich, S. P.
Flummerfelt, Emma B. Maglone
and Helen M. Gagen. The de-
PENDANTS named in the injunc-
ton are the City of Devils Lake,
Mayor Whitman, R.. A. and
Thomas Young, contractors, and
August Raft, city engineer. ~.
The effect Of the Injunction is
noticeable already. For many
months the residents on the out
skirts of the city have been wait
ing for the grading to be con-
illuminated, SO that they could
LAY cement sidewalks and make
other necessary improvements
about their property. Free de-
livery in the city was also hoped
flor this fall, and the prospects
flor having such by fall We're
good, but if the sidewalks are
mot laid by that time, it is
.lprobable that the population Of
Devils Lake will continue to get
| their mail at the: old stand. ;,#
The mater may be adjusted at
1 the hearing Saturday, but it will
. .Ebe a serious proposition to secure
linen and teams necessary to con-
tinue the work, the contractors
Estate. Harvest time is fast ap-
pro hing, which will call into
Ireq quisition all the men and teams
.Iobtainable, was a hard
Ienough mater to get them in the
4 first place, when the work start
. led, and as. soon. as the e3inj junction
Estopped edings, many Of
! Ethem at once pr ocured other Jobs
Y Elsewhere.
Farmer
Alta small cost we will ensure
/ you against loss by FIRE, lightn
i @Eing, tornado or hail. RAMSEY
g Gounty National Bank.