Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1912-07-25
CEAONS ENJO|N[O
N SCHOOL CASE
TON FOR TEMPORARY WRIT
OF INJUNCTION.
COURT PREVENTS cLEMoNs
FROM lEvYlNG TAXES
St. Anthony Required to Post Bond Of
$500 Before Injunction Goes in Ef-
fect-sond Issues Of Both Console
dated Districts Tied Up by Litigation
Over Territory Both Districts Claim.

The consolidated independent school
district of St. Anthony won the first
round in its contest with the CONSOLE
dated independent district of Clemens,
as TO which one owns the territory over
which both consolidated districts
Tapped when the ST. Anthony and Glenn
ons districts were organized. In a ruling
received this morning from Judge Clar-
district from raising taxes by levyins
on the land of its district.
The injunction does not go into eff
feet, however, until the plaintiff, the
St Anthony district, post bond for
$500. This will be done shortly The
case on the application was heard here
late in the spring. and arguments were
submitted short time ago.
Both Districts Tied Up.
The legal controversy over which
districts owns the territory they are
quarreling about has reached about
the status it was expected that it
. would when the two districts set about
to consolidate the two town districts
! and the contiguous rural districts
=! Both districts, by becoming involved
I in this litigation. have made it i'm
possible TO sell their bonds which
would have furnished the money with
which to build new school houses al
| both Clemens and ST. Anthony.
Brings Suit to Settle Issue.
! Early in 1911 the independent school
district of Clemens took steps to con-
solidate the contiguous rural districts
I with the town district. The validity
: OF the steps taken was questioned by
those who were opposed to the consoli-
dation, but the local court held the
election proceedings were valid Judge
Nichols. who ruled on the case, was
upheld by the supreme court. to which
the case had been appealed
While this litigation was in progress
steps were taken at ST Anthony to
consolidate the contiguous rural dis
tr1cts and the town district into con-
solidated independent district. In do
ing so the territory taken in by ST.
Anthony overlapped some Of the terri
tory already taken in by Clemens. Both
districts claimed the overlapped por-
tionS.
Bond Issues Tied Up.
While both were claiming the over
Tapped territory. both took steps to sell
bond issues to build school houses, but
neither could sell their bonds on ac-
count Of the dispute. St. Anthony then
brought this suit against the Clemens
district to get the controversy deter
mined 1t asked that the Clemens dis
trict be enjoined from exercising any
jurisdiction over the territory in dis
pute. and especially from levying any
taxes against this territory for school
purposes.
The defendant Clemons district de-
MED in its defense that the territory
had ever been withdra wn from it's con-
solidated district, and in lis defense it
attacked the legality of the proceed
ings of the st. Anthony consolidation.
Judge Nichols holds again that the St
Anthony proceedings were regular. The
case will come on at later date to de-
termine whether the injunction against
Clemens shall become permanent.