The daily sentinel., 1913-08-05
Twelve ls1OE1aoo, dollars.

M'AN' 'aANft AE-ubl noliaFa-
That the said contrnet 50 entered in
% betwecn the caunty commissioners
Of Mesa county. Colorado and The Pat
terson- Burghardt Construction com
pany. for the construction Of said
bridge WAS illeaul void and Of no effect
Tor IN" following reasons. to-git-
tal That the Indebtedness created
bE said contract tp-wtL the sum ol
ticle &l Section 6 uf the constitution Of
the state Of Colorado, that the total as
time was Ss.29S 2glGV. and the indcbt.
eduess Of said county then consisted
OF outstanding and unpaid bonds
amounting to so, Oht also to out
standing certificate OF indebtedness
Issued In payment OF certain voting
machines amounting 90 S5-ShO.01; that
Tho total amount or said Indebtedness
Mt said time Amounted TO So. $4,000 be
sides certain warrant Indebtedness the
known to this platntff; that the Gre
alton OF the indcbtcducEs in said bridge
lowed by the state cnnstl tuition as eN-
pressed In Article NI. Section thereof
-, That said indehtedncss 80 CON
tracted for said bridge WAS further
more void because the same was not
contracted by virtue OF a vote OF the
people authorizing the same. and pur-
suant to the provisions OF said Article
NI Section & OF the constitution OF the
state OF Colorado
That between the 3rd day OF April.
1912. and the 25tu day OF April, 1873
divers and sundry payments were ord
cred TO be made b. the county commls-
siouers Of Mesa county. and warrants
issued by them to The Patterson burg
hardt Construction company. IN the
pa yment Of the construction work per
formed upon said bridge from time To
time, and aggregattnE the sum OF ihlr-
ty-four thousand and fifteen 1884,
0l5.0Ol dollars; that the sald county
commissioners further issued Wlfrants
In the sum Of eighteen thousand tSlS-
900 0O) dollars to the said The Patter-
SON Burghard Construction company
for work done pursuant 10 Sallu con
tract. which said warrants are numbrr-
ed 11O2O to 1907 Inclusive. and which
are now Registered IN the county treas
urer's office OF Mesa county, colorado.
and remain unpaid for want OF funds.
That there Is still due, according TO
the terms and provisions oI said pre-
tended contract tile sum OF ten thou-
sand six hundred uinety-eight dollars
and forty-nine cents tSlO,b ,b9S.igl, Which
claims have not been a. all2wed 2ie6 GSnuty 6y yhe
Colorado and for which claims no war
rants have been drawn upon the county
treasurer OF Mesa county Color"uo'
That the moneys so paid and war
rants drawn by the board Of county
commissioners of Mesa county TO The
Patterson Burghardt Construction com
pany include the payment upon iler
have been performed on Pier b. and
which said Pier was totally destroy
ed prior TO the performance OF the con
tract by The Patterson Burghhrdt CON
struction company according To the
terms thereof.
That the warrants issued and deliv-
cred by the board OF county commls-
siouers to The Patterson BurShardt
Construction company, for the pay
ments ON said pretended contract are
drawn by the said board OF county COM
missioners in this to-wit:
duo ana payable. or the work done and
performed We're ever made by the
contract provided, and that neither the
said The Patterson Burghardt Con- !
struction company nor the county com
missioners Of Mesa county; colorado,
ever asked for or demanded estimates
from the county surveyor OF Mesa
Cbj That said warrants were drawn
in violation of the provisions OF the
contract wherein II is recited that all
and made strictly IN acceptance Win
chapter l4i OF the Session Laws OF the !
state OF Colorado for the, year lSss
that the reference in said contract 10
chapter 14i is q clerical error ana
should read chapter ia; that The Pat
tersun- -Burghnrdt Construction COM
many ana the board of county commis-
sioners utterly failed to comply with
the provisions of said law IN making
the payments under satu contract.
(c) That the vouchers and clnims
for moneys due under said pretended
contract. as filed by the said The rat
terson- Hurghardt Construction com 1
pany with the board of county commits
stoners, We're not itemizcd as by law
provided, and in numerous. instances
were not sworn to as to their correct
ness ,
WHEREFORE, Plaintiff prays the
issuance of temporary injunction en-
1nining the defendant from the pay
inent Of the warrants now registered
by him. and which said warrants are
llO20 to llO3I inclusive, and
to further restrain him from the pay
ment OF any and all warrants which
may be issued hereafter BY the board
of county commissioners of Mesa coun-
~ for and ON account of the Construc-
tiuu OF me said Atatu street bridge, or
any material used in the construction
thereof and upon final hearing TO
make said Injunction permanent, en-
Joining and restraining the deienuaht
county treasurer. his deputies, clerks, |
servants O rcmpluyces from any and ali
further payments upon SAID contract
District Attorney Seventh judicial
District