The Sentinel=record., 1913-11-25
uIpGe HENDERSON TAKES TIME TO LOOK UP LAW IN THE IN.
 JUNCTION CASE.
ADMINISTRATION ON STAND
Aqent Of a Competing Line of Hose Pleads to Be Permitted Excuse From Testifying as to the Relative Value and Price of Commodity

After q full and complete hearing of the injunction which Sam William. -sn asks against certain city off. elals 10 prevent them from accepune for the city last 5000 feet of fire hose Chancellor Henderson had sub miued some authorities which te will look into after which he win render a decision
 The contention of Mir Williamson WAS that the Board of Public Affair." had no authority or right to bind tho city on a contract in excess Of the sum of $500 without having first the authority of the city council through an ordinance on the subject. but be cause of the many Ifferent view oi rhis particular situation, the evidence was permitted to take wide range, and many subjects were developed
 Attorney R. C Davies represented AIr Williamson. and City Attorney Mclaughlin resisted the application In opening the case Mir Davies said that it would be contended that the hoard of public affairs bought th hose without authority that there were no advertisements for bids. no competition, and that the taxpayers were thereby denied a protection the statute provided for, and that the ac' ton Of the board was illegal
 AIr Mclaughlin stated that after the big fire the aldermen signed all authority and the board bought 1000 feet Of new hose. from the Eureka company, and that later under the same condition the board bought this 5000 feet. He said eight aldermen signed the authority to the board, and that 1t was his opinion that already the city had accepted the hose and would be bound hy law to pay for t.
 Alderman Williamson, the peti- tiOner was the first witness called lie testified that after the fire tht city bought G,000 feet of hose from the Eureka company and 1000 from the Diamond company, and that or dinances were passed to cover the situation. None had been passed for the Fabric hose order bought last The agent and Jim Housley tried to get him to say be would favor the purchase but he said that he be- licved the city had enough hose. Th. board bought the hose without an or dinance, and Mir Peden introduced an ordinance to cure the defect and inc ordinance failed. He said there was now 1000 feet of hose on the wagons and the city had about S.3C0 feet iD all. enough for a change to dry hose lie said Chief Higgins said there was enough without the last order. Hp also thought one dollar per foot was too high price for the class oi hose in The last order
 Alderman Burgauer was called ana he proved well informed on inSuf' ance. He said that the underwriters said this city should have 1000 iee' of hose on hand He refused to vote for the ordinance to pay for this nose because he believed the city had ple'l ty of hose on hand. He introduced the National board report recehliE made which said of the hose supply previous to this last order: fiose supply good He knew of an extra hose wagon being in existence put out of commission Besides, he saio tho last purchase of new hose wa not of approved quality, and there fore the city would get no credit U" Insurance by having if.
 Ifs the former purchase Of hose o' approved quality?" asked MT NC Iaughlin
 T am not sure" answered M' Burgauer. but two wrongs would ho' make one right
 City Clerk Housley testified tna' at a meeting on September an ot dinance passed the council Tor tue 1000 purchase already made, did ho pass. there being five against anu three for the ordinance.
 Alderman Petit said he Vo'oo against the latter purchase beca"s' he thought the city did not nee' more hose. He thought the ire oe partment did need other equipme Il very bad. tn,
 Alderman Rigsbee did not slsh 'n' petition for the purchase, though asN
 ..1n cd 10 do so by Clerk Jim Housiey' .' believed the Eureka hose was 'h' hest and that the city had pi@itl
 Alderman Reynolds stated ne sisn ed the petition, but did not upue'