Omaha daily bee., 1911-09-03
Council Bluffs
LANA DITCH CASE is IN COURT
Judge Woodruff Spends Day Trying
to Get Facts as Presented.
HINGES ON THE BID
validity of the Action OF the County
Board In Establishing the Ditch
IL Attacked by the At
forueys.


Upon the decision Of Judge E. B. Wood
ruff depends the possibility Of James M.
Lana. head OF the Lana Construction com
pany. to collect large part OF his pay
for digging nearly one-half Of the Nishna-
botna drainage ditch, that extends from
Oakland to the Mills county line. which,
according to the engineers original esu-
mate. involved a cost of about $4,000.
Mr. Lana secured the contract from the
county supervisors upon the bid TO do the
work, at 1-lOOth per cent Of l cent below
the lowest bid" The lowest bid filed by
sternberg Brothers Of Council Bluffs, was
cents per cubic yard, and the board
awarded the contract to Lana In the face
Of legal obstacles Lana has gone ahead
with the construction work. Judge Wood
ruff in the district court is now engaged
in hearing the original application for an
injunction made by ]. NJ. Pullen, ono OF
the farmers whose land is involved.
Last spring, after the board awarded the
contract to Lana. Pullen applied for a
writ of temporary injunction. which was
granted by Judge Wheeler The case was
heard by Judge Woodruff, who held that
the contract was void and that the bid
was not bid. lie granted the injunction.
BY an oversight bond was not required
from Pullen. and the oversight was not
noted until after Judge Woodruff had left
Avoca for Red, oak. The same evening
Judge Woodruff left, Attorney Preston Of
Avoca followed him to Red Oak and Sc
cured the order for the bond. 1t required
Pullen to file bond of $500 within three
days from date Of receiving notice, with
the provision that il he failed to do so
the temporary writ issued would not be
operative. Pulen failed to do this, and
the county board, calling a special meet
ing to advertise for new bids. ordered
Lana TO go ahead. In the meantime suits
were instituted attacking the validity of
the action Of the board in establishing the
ditch, The question of the establishment
was decided in favor of the board and in
one of his rulings, Judge Wheeler ex-
pressed opinions that were taken by the
legal advisers of Lana to be a tentative
confirmation of his contract. Lana secured
an agreement signed by a majority of the
land owners that they would pay the costs
of the ditch construction through their
lands and this stipulation was filed with
the board. Contrary to the convictions Of
the members of the Board of Supervisors.
the failure of Pullen to comply with the
order TO file a bond and the consequent
setting aside of the temporary writ did
not dispose Of the case, and it is this origi-
nal case that is now being heard
The entire day yesterday was devoted to
1t without completing it. If Judge Wood
ruff holds the Lana contract to be void. all
of the land owners who have not signed
the agreement to pay will not be obligated
and Lana will have to look to the others
II the contract is declared illegal and Lana
is permanently enjoned from working un-
der II. the board will be obliged to read
vertise for bids. II Lana again files the
lowest bid, the DIRECTORS will take the posi-
ton that the work done was under an IL
legal contract and will refuse to pay.