Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-08-30
CITY AUTHORIZES EMPLOYMENT
OF EXPERTS TO EXAMINE
PROPERTY AND BOOKS.
HEARING SET FOR SEPT. 10
ON OLD INJUNCTION
Unless Case is Transferred From
Council Bluffs Federal Court 1t Will
Como Up For Hearing on That Date
Council Votes Expense Money For
Four Attorneys.

On the advice of the city attorney,
who is cooperating with Senator Van
Law and Ex-senator Carney in repre-
senting the city in the litigation result
ing from the public utility rate ordi-
nances, the city council Monday night
voted to employ expert engineers and
accountants to examine both the physi-
cal condition and the books of the
Marshalltown Light, Power and Rail-
way Company, which is deemed neces-
sary in order that proper defense may
be made in the injunction suit brought
by the company against the rates, now
pending in the United States court.
The case is set for the federal court
at Council Bluffs on Sept. 10, and will
be heard at that time unless a transfer
can be secured, taking the case to the
DeS MoineS court.
The city solicitor presented COM
munication to the council setting forth
the view of the attorneys, in which all
had concurred. asking for the help of
the experts and the expense money in
the sum of $50 each for the attorneys.
Mr.. Northup took occasion to call the
councils attention to the fact that he
and Mr.. Boardman had made similar
effort to secure experts. but that the
council had not seen fit to grant the
request. Mr.. Northup also said that he
had been criticized by a newspaper for
his apparent lack of aggressiVeneSS IN
prosecuting the case, and declared the
criticism unjust because he had not
been provided means with which to
prepare the case
Former Attorneys Are In.
Mr.. Northup announced to the coun-
ell that the case coming up for trial
had been made a continuation of the
old case by rea son of the fact that the
attorneys for Jones G. Hovey had
amended their original petition for in
junction and had obtained an order
bringing the new ordinances under the
original restraining order instead of
having filed new petition for new
injunction. 1T thus appeared that Mr..
Boardman having been employed in
the old case was taken care of by this
procedure on the part of Jones & How
ey's attorneys in that he would still be
connected with the former case. Mr.
Northup thought that Mr.. Boardman
should be allowed expense money along
with the other attorneys.
Resolutions Are Adopted.
A resolution. prepared by Mr.. North
up, was presented by Mr.. Good. author
izing the judiciary committee to en-
ploy two or three experts engineers
and accountants. to Judge of the phys
ical condition of the Jones & Hovey
| property and examine the books.
Mr. Gregory objected to the resolu-
ton on the ground that he did not
deem the Judiciary committee COM
petent TO pass on the qualifications of
the experts. He said that ninety-n
out of every hundred gas and cleo
jtricity accountants are tools Of the
gas company, and he didn't consider
/ that any one on the council could pass
upon the question of who to employ.
He thought the matter should be put
up to the attorneys.
The mayor thought that the council
must recognize him in the case, as the
exec utive of the city.
Gregory then prepared substitute
which was adopted This called for the
mayor and judiciary committee to en-
iploy experts who would be agreeable to
the attorneys in the case.
/ Mr.. Goods resolution granting ex-
pense money to Messrs. Van Law
Carney, Northup and Boardman. in the
sum of $50 each. was then adopted.