Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1910-08-16

M0DIfIES
INJUNCTION

ALBA JUDGE MAKES RULING
| PARTIALLY DlssoLvING RE-
| STREAMING ORDER, BUT De
cLAREs CONTRACT INVALID.
Dissolving the bond injunction as to
the county supervisors and the audi
tor, Judge D. M. Anderson has sus-
| tanned in a modified form the injunc-
ton against Treasurer James V. Cur
ran and restrained him from act.it.
under the present contract with Geo.
NJ. Bechtel & Co., of Davenport. The
entering of the county into contract
was regularly authorized is the basis
taken by Judge Anderson for his rul-
| ing and order returned this morning.
Citizens Enjoin Sale.
! It will be remembered that on July
5, County Treasurer j. v. Curran, Aud
was regularly authorized is the basis
itor C. w. McCarty and the board OF
supervisors entered into q contract
with George M Bechtel & Co., for the
sale of approximately $4,000 worth OF
bonds bearing per cent. Immediately
after the contract was made repre-
sentative of N. w. Harris & Co., OF
Chicago called upon the county Off
GERS and found that he arrived too
| late to participate in the bond con-
tract, and during his visit told the ON
| Gals that they acted hastily in that
| they should have gotten better price
1 for the bonds. He said that the bonds
4 should have brought as low as Az per
cent. This set the officials thinking
and Immediately the mails and tele-
phone were put into commission pc
| tween Otutmwa and Davenport, as the
agent for the Bechtel firm, George
| Waite, who concluded the deal had re-
turned home. During che time that
the deal hung fire between the treas
urer, the supervisors and the Daven-
mort firm. a number Of citizens OBJ
| tanned a temporary Injunction and re-
strained the board, treasurer ana auo-
itor from carrying out their contract
with Bechtel & Co.
Court Makes Ruling.
Wednesday the Injunction came up
for hearing before Judge D. NJ. Amer
son of Abba, during which Treasurer
7. v. Curran, F. w. Simmons and 5.
H. Harper appeared on the stand. me
arguments were concluded during the
1 afternoon and the court returned nome
To weigh the matter. His finding III
| the case was returned this morning to
i the clerks Office in which he states IN
part the following: 4~
"a number of issues were tendefea
in the plaintiffs petition but after the
i answer filed by the defendant tney
4 were abandoned and the single ques-
ton now presented upon the defend
ants motion to dissolve the temporary
Injunction is-had the county the right
to enter into a contract for the sale
of bonds in advance OF their authorl-
cation by the board of supervisors oy
nroner resolution and regularly anu
Il legally adopted?
! Could Not Be Done.
"The hoard and treasurer acted IN
good faith as they believed for the IN
: terests of Wapello county, and the
only question is whether the sale OF
! bonds or a contract for the sale
I their authorization and execution. !
their authorization and execution,
4 am of the opinion that such sale or
| ! contract could not legally be made.
4 "The peremptory injunction issued
herein on July 1890 is hereby dls.
solved entirely as to the board OF
suneryisors and county auditor, and u
il modified as to the treasurer, in that
he is only enjoined from sellins II
fnndine bonds proposed to be is''c..
! nv The county to take up county If
dehtedness outstanding on June \,
1910 to G.. NJ. Bechtel & Co., under
terms of contract executed between
the county treasurer ana U. M Deontei
u & Co., July 5, 1910.
:, sd. M. Anderson, Judge.
curran viii Advertise.
When seen this morning relative 70
the Injunction ruling by Judge Anuer-
son. Treasurer Curran said tnat Ior
the present there would be no Donds
issued. but that after SEPTEMBER /!
such an issue will be made. ne stateu
that at that time there would pc an
additi~ nal number of county warrants
due to the repairing OF br1dges, WINCH
would aggregate some $l0,0Oo anu
thus make the issue of bonds neces-
: sary to meet the county's demana'
about $4,000.
az am not required by the law to adj
vertise these bonds" said treasurer
Curran, "but have determined TO 40
so nevertheless and thus give anyone
about this vicinity or elsewhere VINO
; desires to purchase them, an oppor.
tunity to do so. The best price pau
| for the issue will take the lot. Il they
can be sold at premium or better
, price than offered by Bechtel & Co.,
the county will be that much better
j.. off. This does not preclude an offer
from Bechtel & Co. II that firm wishes
to bid as all will have a chance to
} enter the competition"
ioyable afternoon was spent by the
: little ones.
Ben Goeble of Peoria, Ill, is home