The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1912-09-16
Petition Alleges Fraud a n d
Would Set Aside the Contract
Declares Inferior Mate
rial Was Used
RETURN OF LARGE
SUMS Is ASKED
Alleged at Penalty is Illegal
and Entire Law Is Unconsti-
tutional Guthrie Decis-
ion Modified

Asking that the entire contract with
q A. Heman involving over half
million dollars worth of paving IN thc
city be set aside on grounds Of fraud
II carrying it out, declaring that the
IS per cent penalty on delinquent pay
menls and certain other charges are
Illegal and allegiag that the paving
statute is unconstitutional. attorneys
for Dennis OBricn and others this
afternoon filed suit ia the district
court asking Tor Judgment against the
city Of chickasha, city officials. G. A.
Hcman and the bondholders. praying
fol the return Of sums Illegally col
lected from property owners and for
AZ injunction 70 prevent further col.
lection 81 such charges
The suit u similar 70 the one re.
Gently decided BY Judge Huston at
Guthrie. but differs from It IN at least
one important particular. viz the be-
galiiy Of the taxing Of the cost Of pav.
inF intersections to the property own.
ers is not attacked
IN attacking the performance OF the
contract the petition alleges collusion
between the city inspectors and the
contractors by which inferior material
and material different from that call
ed for BY the contract was substi.
tuted II is alleged that the machin-
cly for mixing concrete was changed
day and night SO that the proportion
OF cement was reduced TO a very small
amount. contrary to the terms OF the
contract
Il is declared that the one per cent
Interest which the bonds bear in ex.
cess Of the G per cont specified 20 che
contract Is illegal and the return Of
about $4,000 10 the property owners
On this count ls asked
II is further declared in the petition
that the is per cent penalty on delin.
quent payments Is illegal ana the re-
turn Of sums 20 the amount Of about
10000 50 collected to the property own.
ers is asked
Another allegation declares the 2is
PEI cent assessed for engineering e2.
penses IS illegal and the court is asked
TO order the return Of approximately
s9c.00o. thus collected, to the property
owners
IN attacking the constitutionality OF
Che paving law. it Is declared that the
law doesn't provide for assessments
according to benefits and that in some
instances the assessments are so high
that it amounts to "spoliation. IN the
legal sense.
The attorneys for the plaintiffs ars
stuart cruco 8 Gilbert of Oklahoma
City and Bond & Melton Of this city
Judge Stuart was here today lookinl
after final details In regard TO th'
case and the papers we're filed thil
afternoon By the local attorneys
Further hearing on the Guthrie cas-
Saturday resulted in an importan
change in the original decision. Th
Guthrie Star sunday morning con
tained the following
Saturday afternoon Judge Husio
heard the motion of the paving tao
payers to vacate and modify his prlo
decision. The hearing occupied n
most Of the afternoon. The result wa
that Judge Huston adhered to hi
former decision against the city an
the county treasurer enjoining thel
from collection Of lore than six pc
cent interest, and Judge Huston weI
farther ana oniolned the collection
1e per cent flat rate penalty aad
his final decision he ordered a pc
petual injunction against the city az
the county treasurer from eoliectir
more than six per cent interest on Il
assessment until the date the bon'
matured, and 70 per cent interest AFT
maturity Of the bands. THE court al
y ordered the defendants, which inclul