The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-03-15

WELL KNOWN CITIZENS SEEK To ENI0|N
COUNTY DADS FROM BUYING PLAYGROUND
Case Is Brought in District Court and Temporary Restrain
ing Order Is Issued by Judge Duncan-Points Involved
Would Affect Every County in the State.

Frank Nelson, Daniel L. McQuarrie
and John j. Flynn, as board of county
commissioners of Missoula county,
have been temporarily restrained from
purchasing the tract of 80 acres in
south Missoula for a county air
ground site, the selection of the tract
having been mad last Tuesday after
the commissioners had received the
report of the appraisers appointed by
the court to fix the valuation on W.
proposed sites.
TIE restraining order mentioned
came as the result of a complaint for
injunction being filed by several well
known citizens in an attempt to hold
up the Playground matter, the COM
plant asking that the injunction be
made permanent. The plaintiffs are:
John r. Latimer, Peter Scheffer, John
Richli, Louis Cries, O. P. Jackson,
Frank Gareau. r. j. Whitaker, M. H.
Kuhl and Eugene NORM. In brief the
injunction is asked upon the following
three points of law. First, that the.
county commissioners are acting in
violation of the state law when they
undertake to build, equip and main
tain a race track to promote and de-
Velop horse-racing and contests Of
speed and to develop a place of enter
tainment and amusement. Second,
that the bill passed by the Twelfth
legislative. assembly, namely, section l
of chapter 80 of the laws of hat ses-
sion, Is void as it Is in c~ontraIvention
of and in violation of Article XIII of
the constitution of the state of Mon
ia ma tho hin rofarrol fn ,, ,,nuyarin r
the board of county commissioners to
appropriate moneys to purchase
ground, build and equip buildings and
maintain the same to carry on county
fairs. Third, that the county COM
m~issioners failed to advertise for bids
for fair ground sites.
Immediately after the filing Of the
suit yesterday, a temporary restrain
ing order was issued by Judge Duncan
in department. No. l of the district
court, and April Z was fixed as the
day for the county commissioners to
appear and show cause why they
should not be permanently enjoined
from purchasing the proposed fair
ground site.
There are three causes of action
given in the complaint in which the
three points Of law, as mentioned
above, are more fully Set forth, the fol-
lowing sections from each cause being
quoted from the complaint:
First Cause.
That one of the principal objects
and purposes of the purchase of the
said premises by said defendants as
aforesaid, is to provide. and furnish
grounds and to promote, make, con-
struct, erect and equip a race-track
n ~raceAcOurse, to promote n de-
horse-racing, contests of speed
and place of entertainment and amuse-
ment, and such purchase would not be
made except for such purposes and
use, and to promote, provide for and
develop the same, and the said defend
ants, as such county commissioners,
for carrying out n consummating
the intents and purposes for which said
purchase Is made as aforesaid, intend
to and will, unless restrained by order
of this court, pay out and expend ad-
ditional sums of money and funds of
the said county of Missoula derived
from taxation as aforesaid, in carrying
out their said purposes; all of which
iloo bSSIl dcliC AIN :" i Ne uOit contrary
to and in violation of the laws of the
state of Montana; that the expendi-
ture Of said money and funds as
aforesaid for the objects and pose
herein set forth will work irreparable
injury to these plaintiffs as such tax
payers for which they have. no ade-
quate or speedy remedy at law.
Second Cause.
That the said premises are being
purchased by said defendants, as such