The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1915-09-25
Injunction Sought to Pro-
hibit Spending Extra
100000.
HEARING TO Be TUESDAY
Locust Avenue People Want
Paving of Street Finish
ed This Year.

Dissatisfaction among the residents
of the Eighth ward over the delay in
repaving Locust avenue expressed re.
peatedly TO the City Board OF Affairs
and to the County Court resulted late
yesterday afternoon in the starting Of
legal proceedings before Judge w. S.
I Raymond In Circuit Court
The petition OF George Huffman, a
resident OF the Eighth ward, by his
attorney, L. NJ. Showalter, praying for
mandatory injunction compelling
the diligent prosecution OF the Locust
avenue improvements and restraining
the County Court from the selling OF
the 800, 900 issue of good roads bonds
recently authorized, was presented In
F.! Circuit Court. The order restraining
the bond sale is wanted IN case the
County Court declines 10 continue the
Locust avenue improvement work.
Judge Raymond promptly recogniz'
ed the right OF the petitioners TO u
hearing and signed an order directing
the persons numed In the petition To
appear In Circuit Court next Tuesday
forenoon al 10 o'clock to show cause
II they can why the injunction should
not be granted.
IN addition TO the members of the
Board of Affairs and the members OF
the County Court, the members Of the
committee appointed by tbs, f'so,lR y
Court to sell the bonds are named Sin
the injunction proceedings.s
The plaintiff alleges that the Coun'
ty Court has ordered the contractors
TO stop work OH the improvement OF
! Locust avenue for the purpose OF co.
ercing the citizens OF the Eighth
ward into supporting half million
dollar bond issue for The building OF
bridge across the MOnongaheln
river and across Coal Run ravine,
II Is pointed out by the plaintiff
In his petition to Judge Raymond that
the greater part OF the 100000 bond
issue authorized three years ago by
the voters OF Fairm0nt magisterial dis
| trict for the improvement of high
ways has been expended and that now
/ Il is the intention OF the County Court
TO spend the remainder Of this money
| In completing other highways, leaving
the residents along Locust avenue 10
struggle through the mud all winter
and perhaps much longer 10 their
great Inconvenience, danger and finan'
cial loss. II is alleged that the City
Board Of Affairs is aiding and abetting
the County Court in its Illegal and
unlawful purpose.
The plaintiff alleges that because OF
the order to stop work on Locust ave,
nue. the contractors will he released
from their contruct and that they pro
I pose TO remove their materials and
machinery from the state and that
i they will refuse TO return and com
plete the work on Locust ayenHc.
1t is charged t!at II the Locust ave
nue. Improvement is suspended until
next spr;ng and II the 100000 OF
bonds is sold at this time the plaintiff
and other taxpayers for whom he
sues will be required 10 wrongfully
! pay taxes for the interest on the bonds
! during months when the funds will be
lying idle and OF no benefit TO the tax
payers. The Circuit Court Is there
fore asked TO enioin the sale OF these
bonds II the County Court continues
to decline to proceed with the im'
provement OF Locust avenue.