The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1910-10-07
DEMENT, Eft Al
BRING SUIT
SUIT STARTED AGAINST CITY
OF CALDWELL BY THE
PROPERTY OWNERS.
Alexander Dement, Alleges that Sew
er was Improperly Constructed and
is of no Use or Beneft-That it is
Menace to Health and That All
Proceedings Were Illegal.

The much-t alked-of suit against the
city by the property owners of Sew
erage District No a was started this
week. Messrs. Smith & Scatterday
are the attorneys for the property
owners The suit is entitled:
Alex. Dement, sues on behalf of
himself and all others similarly inter
ested, plaintiff, VS.. City of Caldwell,
Municipal Corporation, city of the
second class; ]. B. Gowen as mayor
of said city, c. J. Shorb as clerk, Ell
mer A. Clark, J. G. Gartin, James Har-
ris, |. N, Paynter, M. J. Devers, Rob
ert Farrar, as members of said city
local lateral sewer Improvement dis
trict, said city of Caldwell; Robert
Farrar, ]. G. Gartin and |. N. Pawn
ter, members of alleged sewerage
committee of said district; r. B. Har-
tenbower, copartners, and doing bust
ness under the firm name of Caldwell
Plumbing & Heating Co., defendants
The plaintiff alleges: that on dav
OF July contract was entered into
with the Caldwell Plumbing & Heat
ing Co., by r. Farrar, |. N. Paynter
and J. G. Gartin, purporting to be the
sewer committee for local lateral sew
er Improvement district No. 4, for the
construction of a sewerage system in
SAID district under and by which said
contract said Caldwell Plumbing &
Heating Co. was to receive for said
work the sum of $98O2OO. that imme.
dlatel y after the execution of said
contract began the construction of
said sewerage system; that plaintiff
is informed and believes and there
fore alleges that the work on said
sewerage system is almost completed
and that final estimate is about to be
made.
Plaintiff is informed and believes
and therefore alleges that no esti-
mate was made by city engineer prior
to the execution of said contract es-
timating the cost of the system.
That the bond issue provided for is
illegal and void in that said proposed
bond issue is in the sum of $1,000
while the alleged estimate is only
$4,000.
That no assessment roll of the real
property contained within boundaries
OF said district has ever been made.
That the appointment of said sew
erage committee, if such was ever
made, is illegal and void in that said
committee consists wholly of men,
bers of the council, which is contrary
to Sec. 2343 of Revised Code.
That the clerk of said committee
has failed, neglected and refused to
furnish copy of said proceedings and
plaintiff alleges that none of the pro-
ceedings have been transcribed.
That said sewer as now constructed
and laid is of no benefit because said
sewer is constructed and laid at, near
and above tshe surface of the ground
That said sewer system leaks and
allows waste flowing through the
same to flow out and upon the ground
adjacent thereto, causing menace to
the health of inhabitants of the neigh
borhood.
The plaintiff pray that the proceed
lngs of the city council leading up to
the organization of this district be de.
clared illegal and void; that the APP
pointment of the committee be de-
clared illegal; that all contracts be
annulled and set aside; that the court
pass an order restraining and enjoin-
ing the sewerage committee and the
members and defendants from issu.
ing any bonds, warrants or other evi
dence of Indebtedness for payment OF
said works; that the restraining or
der be made permanent.
Following the allegations as ex
hibits are the ordinances, No. 173,
l78, together with notices to sewer
contractors and Ordinance No. 1872
and also Notice of Sale of Bonds of
said sewerage district.