The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1912-10-03

and services, and The furnishing of said
furnace and boiler. he was. and still is an
officer of the city of Waehburn. to-wit, an
alderman of the first ward of said city,
and said contract is in violation of section
925-255 of the Wisconsin Statutes, and
therefore absolutely void, and the city
could incur no liability whatsoever there
on.
End. Although the removing of said
old boiler and the installation Of such
furnace and the work incident thereto,
upon which eaid claim was based, was
public work of the City of Washburn. the
estimated cost of which exceeded two
hundred dollars. still, the said Common
Council utterly failed and neglected to let
the same by contract to the lowest re-
sponsible bidder. or to call for bids for
the same. as said Common Council was
required to do by Section o25-90 of the
Wisconsin Statutes.
3rd. That although the said defend
ant, n. n. Peavey. as mayor and ex-oficio
comptroller of the city of Washburn. is
required by Sections o25-38 and 925-45 to
examine and report upon all claims filed
against the city of Washburn. still the
said defendant, H. H. Peavey. neglecting
his duties as aforesaid. failed to make any
report upon said claim; and said Common
Council. in violation of said sections of
the statutes, allowed such claim without
he same having been examined and re-
ported on by the said defendant. II. II.
Peavey. as mayor and comptroller of the
city of Washburn; and said, defendant. II.
H. Peavey. did not approve or otherwise
act upon said claim.
And the plaintiffs further allege upon
information and belief that said defend
ants. constituting majority of the Com
mon Council of said city of Washburn,
and knowing said claim to be illegal and
void, did conspire together to secure the
payment of said illegal and void claim,
and that the action of said Common
Council authorizing the payment thereof,
as aforesaid. is result of said unlawful
conspiracy.
And plaintiffs further alIege that there
after and on the End day of October,
1912, city order for said sum of Eight
hundred sixty-six and 38-l00 ($86638)
Dollars. duly signed by the said defend
ant. H. H. Peavey. as mayor. was issued
to the said Washburn Plumbing and
Heating company. and delivered to and
received by the said defendant. George
Fluck, in payment of pretended indebt-
edness of the said defendant, City of
Washburn, and the same was thereafter
presented by the said defendant. George
Fluck, to the treasurer of said defendant,
City of Washburn, and said sum of Eight
hundred sixty-six and 36-lOO 1856. .36l
dollars was thereupon and on the End
day of October. 1912. paid to the said
defendant. George FIuck. out of the funds
of said city of Washburn. and the said
defendant. George Fluck, received the
same and converted the same to his own
use.
That the said defendants. II. H.
Peavey. George FIuck, Guy w. Hacker.
Hans Ambly. Andrew Peterson. Angus
Ross. Jacob Debell and Oliver Wescott.
constitute a majority of the Common
Council of said city of Washburn and
dominate and control the same. and are
hostile to the rights of the plaintiffs in
the premises. and that they will make no
efforts to reimburse the said city Of
Washburn for the money SO unlawfuIly
received and expended in said matter.
and that the rights in said matter of the
tax payers Of said city of Washburn can
Continued on Page 81