Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-31
WALTER 4. RUSS
SEEKS TO ENJOIN
PAYMENT ON JAIL
Files Injunction suit Against County
Treasurer +. J. CIendenin and
Contractor.
REFUND OF $500 Is DEMANDED
Claims This Amount Has Already Been
Illegally Paid Out on the New
Structure.

Frank J. Clendenin, county treas
o-er. and Paul H. Lorenz. who has the
oaBfra.t for the erection Of Rock Is
land cauasy'a new $4,000 county jail.
are made defendants ia injunction pro-
5se8lues flied ia circuit court this aft
srnoan ~ Walter a Russ, to restrain
tne treasurer from paying any money
ea the contract for the new structure.
In. 4 s. R. Eenworthy are the attor-
nsys.
Hr Russ states that he Is acting as
citizen and tax payer and one who Is
interested u the welfare Of Rock Is
land county.
Mandatory order that the county
treasurer refund $500 alleged to have
been ualawfully paid out, is also ask
I'd for by the BILL in addition to the
order ta restrain the payment of
further amounts,
Provisions of the Ig0e law are made
the basis OF the bill It sets forth the
proceedings preliminary to the award
j5e 0t raa contract, and at length de-
scriHes the site of the proposed Jail
and az the ST. Josephfs school. Kn0wI-
edge 0n the part of the Jail committee
tbar the act was pending is claimed,
and rha activity TO defeat the act be-
fore the legislature is recited, 1t is
claimed That the Igoe act was a law
PRIOR u the award Of the contract, and
that the contract is contrary to public
policy and unlawful.
Contract Void.
Tie tina charges that the contract is
"v0id and of no legal significance and
effect" and that il was made to there
by frauduIeutIy circumvent and pre-
vent the said act of the legislature
from applying and 10 controvene the
! said public policy of said state"
1t js SET up that Mr. Clendenin has
in bis possession the $4,000 provided
for The building OF the Jail, and that
unless enjoined he viii pay out sums
of money at various times upon order
of che board of supervisors. and that
the paying out Of the money would 'be
an unlawful act and q waste and dis
Fipattou OF the said sum of money and
roull cause a loss to your orator
and all other taxpayers Of said county
II is alleged that $500 has been paid
Mr. L8renz and that another such pay
uant will be due on the first or tenth
81 August Payment OF money on any
other contracts in connection with the
proposed jail are also referred to, and
Injunction against them asked
Demand for the repayment of the
t9a1 IS made fl accordance with a
recent ruling of the supreme court
that where money has been illegally
tisb1rsod by the custodian of public
funds the one who has charge Of the
money Is liable on his bond.
Is Fourth Suit.
This IS the fourth injunction suit
which has been filed since the erection
of the Jail was started on the court
house campus. Bishop e N. Dunno
anil Edward b. Eries both filed actions,
attacking the county's right to build
the structure on the square, on the
question of the c0uuty's title TO the
square After the passage Of the Igoe
law preventing the erection of a
county Jail within zoe feet Of any build
ing used exclusively for school pur-
psas. Bishop Dunno brought another
suit based on the provisions Of the
measure. Judge F. D. Ramsay dis
missed the first two actions and ap-
peals were taken. Judge W, z. Church
refused to grant a temporary writ in
the mrd suit and this also viii in all
probability. he taken to higher court
for au opinion.
AM tine news all The rfrar-Tha Argus.