Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1913-01-04
Judge Hunter Issued a Re
straining Order Against
Board Continuing Their
Task This Afternoon.
VETS SAY COURT
EXCEEDED POWERS
Work of Canvassing Saloon
Consent Petition Had
Progressed to 5th Ward
When Stopped.

Ihe canvass or the saloon consent
petition was abruptly stopped this
afternoon at 1:30 o'clock when the
board of supervisors was served with
a restraining order signed by Judge r.
M. Hunter. The court issued the order
on the petition of the drys' attprneys
G. w. Whitmore and G. L. Gillies. who.
with NJ. A. Roberts, w. A.. Work and
William McNett signed the original
petition for an Injunction. The time
for hearing the case was set for Sat
urday morning at 8 o'clock, but the
vets attorneys are making an eff0ft
this afternoon for the court to give
them an immediate hearing on the re-
straining order. 55.. s.s.
The chief allegation made in the
petition Of the drys for an injunctfon
was that the board erred In refusing
to hear evidence on the reputation and
character Of the solicitors or the
saloon consent petition &.
Attorney j. J. Smith, speaking for
the vets in regard to the. courts r0-
straining- order, said this afternoon !:
The court exceeded its powers In
issuing the order The board OF super
yisors is q judicial tribunal and one
court cannot interfere with the dis Y
charge Of the official duty of another
judicial tribunal
1--WE are satisfied that we can show
the district court It's error in this con.
nectfon." 81 HI
The boards refusal to entertain the
evidence to be introduced by the drys
In the person of s. Reed Fielder as to
the character and reputation .ot Il. A.
Mongerson prompted the drys to re-
sort to the district court.
The canvass of the petition would
have been completed this afternoon t
the task had gone on undisturbed Ey
the restraining order
Both sides to the controversy are
taking advantage of every thing pos
sible to gain points for their case. The
vets vigorously opposed the introduc
ton of character testimony by S. Reed
Fielder this morning. and their motion
that it be not considered was uDheld
by the board. Attorney Whitmord
entered protest to County Attorney
Steck on this action of the board. say
ing that he wanted it understood that
the dry side takes exception to the re-
fusal Of the board to hear Witn0ss
Fielder at this time. Mr.. Fielder waa
called tG give his testimony as to the
character of l.. A. Mongerson who
secured some signatures, which the
drys challenge.
At this mornings session Of the
board all the witnesses the drye called y
to prove their claims OF forgery were
examined At the outset Of the can.
vass Attorney Stultz for the vets con. \
ceded to the drys that all their witt
nesses called are not the men who
signed the saloon consent petition. He
maintained however, that before the
canvass was completed that the meN
who did sign the names which the drys
claimed were forgeries would be pro-
duced to show that there was no
forgery committed.
The total number Of Withdrawals
filed with the county auditor up Until
o'clock this afternoon was 262. Tho
original list containtd 207 and the
three supplemental lists thirty-fiye.
six and fourteen.
Lively Tilt at Opening.
At the opening OF the canvass this
morning Attorney Whitmore intro
duced c. H. Ovens as a. witness who
did not sign aAidayit No. 2205 on the
saloon petition. Attorney Stultz be-
fore the witness was heard conceded
to the drys that any Of the Witnesses
they will produce did not sign the pc
tition, and asked the board to proceed
with the canvass of the petition. Mr..
Whitmore insisted upon the witness
being heard and the vets attorneys
objected. Sharp words followed from
both sides and when Mr. Whitmore
in-isted on Owens being heard, he was
told by Attorney Steck that the board
would proceed as it saw best. The
parties compromised by hearing Mr..
Owens, but not permitting him to
identify the name on the petition.
The witness said he did not sign tho
saloon petition No. 2205, neither WAS
1t signed by his consent or by his
Mr.. Owens said he lived
at 814 West Mill street in the sixth
ward On cross examination by At
torney Jaques, Mr.. Owens said his
fathers name was Charles.
County Attorney Steck said that the
board would hear character evidences
after the petition canvass was COM