Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-06-25
INJUNCTION IN
THE BOND CASE
IS PERPETUAL
JUDGE ROBERTS FOLLOWING DE-
cIsIoN OF THE SUPREME
COURT IN APRIL MAKES FINAL
ORDERS.
$4,000 SAVED
TO THE CITY

$4,000 SAVED
TO THE CITY
SUIT WAS TWICE REFERRED TO
SUPREME COURT AND LAST
TIME ovERRULED THE FIRST
DECISION.
The final epoch in the county fund
ing bond case issued by the Wapello
country board of supervisors for the
purpose of bridge improvements in the
county has been reached. Judge M.
A. Roberts has issued a permanent
Injunction estopping the board Of
supervisors, James " Curran, county
treasurer and their successors for
evermore from collecting the tax with
in the limits of the city of Ottumwa
for the county bridge fund purposes.
The case was brought by the firm of
Gilmore & Moon when MIR. Gilmore
was city solicitor under the admins
tration of Mayor Suits. The case was
fought out in the district court twice
and was appealed to the supreme
court where 1t was held that the coun-
ty could not tax city property for coun-
ty bridge purposes but neither could
any Of the county tax be used for the
construction of bridges within the
city.
Saving of $4,000.
After reviewing the case which
means saving of about $4,000 to
the city Of Ottumwa, the court says:
BE 1t ordered that James v. Cur
ran, as treasurer Of Wapello county,
his successor or successors in office
are hereby estopped and forever re-
strained either by themselves or
deputies, agents or employees, from col
lecting, demanding or receiving any
payment or payments of taxes based
upon any levy upon taxable property
within the city of Ottumwa, to pro-
vide fund for the payment of any
interest or any part of the principal or
interest on the bonds referred to in
plaintiffs petition of Wapello county
funding bonds of the issue of 1898
and 1899"
History Of Case.
After being carried to the supreme
court second time, after City Attor-
ney Gilmore and Attorney Moon for
the city had made strenuous fight,
the supreme court in April affirmed
the injunction of the lower court in
the case of former Mayor B. F. Suits
against R. P. Dana, former treasurer,
and the board of county supervisors.
The ruling of the lower court was af-
firmed, following a reversal Of the
same case at a previous hearing be-
for the court.
The Litigation.
In March, 1906, Judge Vermilion
granted the city temporary injunc.
ton restraining the county from col
lecting the three mill tax issued in
favor of the county bridge fund. in
June of the same year the defendants
attempted to dissolve the injunction
but the motion was overruled by
Judge Sloan. Defendants then appeal
ed the case to the supreme court
After that court had handed down an
opinion reversing the district court
and holding the city property taxable
the city filed a petition for a rehear.
Ing, which was granted and the ap.
peal was re-argued, with the result
that the court found in favor of the
city, directly opposite to the first rul
ing.
Finds Bonds Void.
The decision of the supreme court
and the injunction which has followed
means that $4,000 of county funding
bonds Of 1898 are declared null and
void. In that year the county board
Of supervisors issued $4,000 of bonds
to take up like amount of bridge
warrants. Befor the bringing of the
suit part of the bonds amounting tc
$4,000 had been paid. Under the
laws OF Iowa the board Of supervisors
levies tax for the building and re
pair Of county bridges, but such ta1
cannot be levied upon city property
and none of the taxes may be useC
for bridges within the city limits
The city council levies taxes on city
property within the city for the pur
pose OF making and repairing bridges
Before 1898 the county had spent S34,
600 for bridges all outside of Ottum
wa, and had issued warrants for thu
payment of that amount. All thes,
warrants were made payable only GU
of the county bridge fund as distin
guished from the city bridge fund
Issue Bonds.
But in 1898 the county board of su
pervisors toook up and cancelled al
the payments, and issued county fund
ing bonds for the same. These bond
are held by the Northwestern Mutua
Life insurance company of Milwaukee
Ever since the bonds were issued tn
board of supervisors had been maxim
a tax levy upon all the property i
the county, that within as we'll as tina
without the city limits, to pay inter
est and part of the principal of tn
bonds The suit was to enjoin tn
levy and collection on city property
pay the bonds.
Kills Woman and Himself.
Dubuque, June 23. - Mrs. j. OIL
way was shot and killed yesterday b