Omaha daily bee., 1911-04-12
Council Bluffs
LEGAL ATTACK MADE ON DITCH
Injunction Suit Brought to Stop Land
Company's Work.
ALLEGATION MADE OF COLLISION
Farmer j. VI. PulIen GETS OFFICERS
Into Case just ss Gang starts
60 Tear Down
bridge.

The threatened legal action TO prevent
the contamination of the contract made be-
tween the Lana Construction company and
the Board Of County Supervisors for the
excavation OF the Nishnabotna drainage
ditch was taken yesterday. temporary
restraining order was granted last even
ing at 8 o'clock by Judge Wheeler.
The suit was not filed by c. IA. Stern
berg q Sons, who claim the contract as
the lowest bidders. but by one OF the prop
erty owners through whose farm the big
canal is TO run lie Is J. NJ. Pullen, re.
siding near Oakland. and his order Is d.
rected against Chairman Spencer and ali
OF the individual members OF the county
board and Auditor Hannah. It is his
second appeal to the courts to prevent the
construction of the ditch.
He first appealed from the action OF the
board when the ditch was established and
the amount Of damage awarded him, and
his appeal IS 10 be heard at the April term
Of the district court at Avoca. The apph-
cation for a restraining order became
necessary when the Lana company began
work yesterday by commencing to tear
down a bridge across the Nishnabotna,
and in a few days would have been at work
cutting the ditch across his land.
Mr. Pullen recites the fact that three
/
! Spencer, Johns and Darlington, voted to
accept the extraordinary bid of the Lana
company for "one-hundredth part Of /
! per cent less than the lowest bid filed ex-
! cept it's own double bid OF 10 and s cents
! per cubic yard" The SternberE bid was
cents flat for the work. He alleges that
! the acceptance OF this bid was not only ir-
regular but that\ II was fraudulent, and
was the result of n collision between the
| three members Of the board, constituting q
majority, and the Lana Construction com
pany As one of the taxpayers who will
have TO help pay the costs, and as q
general taxpayer of the county he claims
he will suffer II the contract Is not an
1 nulled declaring that the Sternberg com
pany is threatening to sue the county for
damages. He asks that the contract
awarded to the Lana company be can
oelled and declared 70 be fraudulent and
void and that the Lana company be per
manently entoine6 from attempting to dc
any work under It. and that the temporary
! writ prevent them from further work for
the removal Of the bridge specified. or do
ing any work in connection with the al
legged fraudulent contract until the tenn
porary hearing is had.
Judge Wheeler set the hearing for next
|
could be found TO hear the case
This is the first part Of the almost end
less litigation that appears to be ahead
Of the big ditch scheme. Tho attorneys fol-
the plaintiff are w, A. Askwith of Coun-
Gil Bluffs and Attorney Frank shinn OF
Carson. Attorney shinn has a number OF
additional suits ready for filing. He IL
attorney for theN Carson Milling company
| whose property, alleged to be worth $4,000
will be practically destroyed by the change
OF the course OF the stream. II constitutes
the only power plant at the village OF
| Carson.
The stream drives three big turbine wa
ter wheels, furnishing the power thai
drives the wheels Of flour mill with g
seventy -flve-barrel daily capacity, tho
power that drives the dynamos that fur
nish the town with it's electric lights and
also that operates the pumps that supply
the water service.