The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1909-06-24


law, let the contract to the lowest
responsible bidder, and the plaintiff
prays the court that the defendant
board of commissioners, William ii.
Troup, James B. Severns, and Nathan
Lee, be forever enjoined and restrain-I
ed from accepting the construction
OF such work, so let to sard Okeefe,
and that they be forever enJoined
from allowing any claim or paying
out any money in the behah thereof
on account of the contract so let; and
ne prays that the defendant O'Keefe
be forever enjoined from filing any
bill against Marshall county Indiana,
or receiving or taking any money IN
payment for the work so let under his
said bid, and said plaintiff prays ali
other proper relief" Signed by Har-
ley A. Logan, Atty Tor Plaintiff.
The writ oil mandate is against the
Board OF Commissioners, requiring
them to cause their record to show
that the bonds OF this relator are ap
proved by said Board, and requiring
said defendants to award said con-
tract, or as much thereof as he is en-
titled TO, to this relator, and to con-
tract with this relator for the work
Tor which he was the lowest respon-
sible bidder, and asks for all other
proper relief.
No Temporary Restraining Order.
No bond has been filed by Ness.
and no petition for temporary re-
straining order has been asked OF
Judge Bernetha Saturday Atty. ii. A.
Logan would not state whether or
not a petition for temporary restra n
| ing order would be asked. Meanwhile
the contractor, Arthur O'Keefe, IS
continuing preparations for the
speedy commencement OF making The
repairs on the court house, as con-
tracted for by the Board of Commits
/ sioners.
Echo of the Electric Light Case.
The filing OF a petltion for a re-
straining order, against the Board of
! Commissioners OF Marshall county,
| by Jacob Ness, to restrain that body
from paying for work that might be
done by Arthur O'Keefe in repairing
| the court house as contracted for by
the board OF comm ssioners on Mon
/ day June 18th, is regarded as a bluff
by the legal talent OF the city, that
understands the move 1t was stated
by one of the other newspapers that
work on the repair of the court house
would stop until the case was tried
On the contrary, as announced by the
+, Tribune, work will continue on the
repair OF the court hous., in fact the
work will be finished and paid for by
the board of commits sioners, before
the suit for injunction now on file,
will come for trial before Judge Ber-
netha. in the September term OF the
\ SHCu4t COuIl, ulllcsS d tclllp pOIdIy re-
strain:ng order is asked for and grant
ed. This was known by Ness attor-
ney, H. A. Logan, when the suit for
injunction and mandate was filed If /
real desire TO test the case was pos
sessed by Ness and his attorney, a
bond would have been filed, and a
Temporary restraining order asked oil
the court. Instead a case was filed,
with no bond, which must wait for
trial as any other case Ii Ness really
desired to have the case tried, he
would have asked for the temporary
order, knowing that the work OF re-
pair could be completed and paid for
before the case is tried. H. A. Lo-
gan refused to state Saturday, wheth-
er a temporary restraining order
would be asked, but the indications
are easily seen, that such will not be
done.
Electric Light Echo.
If, as Ness maintains, he is a lower