Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-11-11
sub.contractor Secures Restraining
Order Against Construction Firm
Fight over Temporary
49,, N Heating Service.

taken the natter into the district
court. Both are eloquent In their
pleading to the court that each side is
correct. It would seem from q perusal
OF the petition, answer, motions, etc,
filed this morning, that the real ques-
ton between the two constructors Is
the furnishing Of heat In the building
before the construction is completed.
Took up Contract
Bartlett & Killing claim under the
contract that the Arm had the right to
order heating done at Its wish, while
the Gunder Co., insisting with equal
force that the contract does not call
for the supplying of temporary heat.
ing in the building for the benefit OF
the main contractors and their FORCES
at work in the building. G. L. Bartlett
while here yesterday declared the con.
| tract violated by Gunder and took pos
session OF the contract upon the refus.
al Of the sub-contractor to carry out
his wishes, ordered him of the prem
ises and the fight was on.
Gunder Offers Resistance.
The conditions existing between
contractor and sub.contractor are said
to have been rather strained for some
time past and yesterday the culmina.
ton was reached J. e. Gunder while
ordered of the premises by Mr. Bart
lett and afterwards by a policeman,
was not willing to give In without .
struggle and locked up the shed used
for the storage Of the radiator ana
other materials needed for the work
called for in his contract. Further
than this. he took the key and would
not give It up.
Secure Injunction.
The fight carried over the night and
with renewed force was taken up
| this morning when at an early hour
Mr.. Bartlett had attorneys file mo;
! ticn for an Injunction against the
~. &. Gunder Co., to prevent the firm,
| its servants or agents from in any way
interfering with Bartlett & Killings EN-.
ployes in the possession Of the tools,
materials, etc, that the plaintiff claim.
| ed under Its contract to now belong
to it. The temporary Injunction was
granted an Immediately Superintend-
emf w. Hoppe began the moving Of the
radiators from the Gunder shed by q
| force Of men and teams into the build.
ing. t5.ge1
| Contractors Restrained.
The Gunder Co., was in the mean.
time getting busy and by II o'clock to.
day had an Injunction bond of $1,000
filed, also an aswer to the petition Of
the plaintiffs and q motion to dissolve
the temporary injunction on file with
restraining order granted that re-
strains Bartlett & King from remov-
ing the radiators from the shed where
they were kept under lock and key.
The restraining order is effective for
four days at which time 1t is probable
that the hearing on the motion Of
Bartlett & Killing will be held.
Everybody interested In the tight
seemed to be working against time,
and this made quite evident II one
were to see the force of men with
teams moving radiators this morning
from the shed into the postoflce and
federal court While the Gunder Co.,
was filing it's papers and securing re.
lief from the court, Bartlett & King
were busy anticipating the move of the
other fellow, and when Sheriff Knox
appeared with J. q. and Homer Gunder
and stopped the teams and men from
hauling the radiators from the shed,
but four or Ave radiators remained to
be taken into the building.
Using Stove Heat.
Just what the next move will be
previous to the hearing on the motion
for Injunction, Is not known, but 1t
would seem that with practically all
Of the radiators in the building before
estopped by law the original contrac-
tors are likely to meet little resistance
in securing the temporary heating
service that is desired by them, or at
least 80 claimed to be desired as stat
ed in the Gunder answer filed today.
The contract under which the two
/ firms have been working has been In
effect since March 20, 1911. The pres
emit plan Of furnishing heat in the
building IL by the use OF hot air furn-
aces dismantled as to their jackets
and set up in various parts OF the
huge building like stoves.
It Isl possible that the fight be-
tween the contractors at the new post
ONCE may have new, and entirely
different chapter in the next day or SO.
This Is made probable by the fact that
the building in which the trouble has
arisen and over the heating of which
the controversy prevails, is property
of the United. States and may be
brought in the federal court instead
Of the district court of Wapello county.
If this is done new complications may
arise and the effect Of what has al
ready been done In the county court
may be invalid.
eackaehs, Headache, Nervousness
and rheumatism, both in> men and
" ~