Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1924-11-30
TRIAL OF Case
TO COME UP IN
JANUARY, 1872
Application for Tempo|
ary Restraining Ord
Is Filed by John Gre
ct al; Granted ~

Carrying out Of the S90.OoD
street paving contract let by the
Brownsville city commission to
W. l.. Pearson * Company has
been stopped by temporary in
junction. granted to John Gregg
ct al by Judge w. e. Hopkins OF
the Twenty-eigth irdicial dis
trict restraining the issuance
and delivery of warrants for the
paving, and Restraining the paw
ing company from doing any
paving work until the case is
settled. N
The temporary injuncGen will -
strain the paving work until after t-r
htaring Of the case. set for the Jaf.F.
uary term Of civil district court. PIE
suit was fled in the name Of jt-.n
Gregg. J. B. Scott, J. n. Fernandez. W.
G. Willman. s. q. Tucker and X. ~.
RertfrU. and was filed by the Law fsrFi
or Scabury, George and Taylor
Alleging that the city fall 70 an
vcrtisc for bids on the contract r. pre-
vidrd by law. and charging that IN
rricc Of $2n9 square yard as pro
vidcd in the contract. is an eNt rhitan-
price, the petitioners ask for a tcrl-
porary restraining order. and Tor
judgment by the court at the rshcaE.h,z--
annuling tn contract
Proposed Paving Outlined
The petition mentions Mayor a. II.
Cole. Commissioners Aaron Turk, Rur,
Hinklcy, H. l.. kowalski and John
Starck. and W. T.. Pearson 4 Cor.
pany a. defendants III the suit. Tn
suit mentions the paving work that
cont ractcd for ;.s follows: Eievrn'r
from Lcvec to st. Francis. st. Fran-is
from Eleventh to Tenth. 81. Charrs
from Eleventh 10 Second. Fifth frrsu
Fronton 10 ADAMS. Tenth from Adam.
10 Madison. Thirteenth from Jeffcrso.
10 Monroe Eighth from Madison NM
Pierce. and Sixth from Fronton ~
Adams. all If the paving to be standard
width with the exception Of the Eighth
, street paving.
Pointing out that the commission n
recent meeting approved the issran :
Of warrants. known rs Series u. - Ia
!
paving. ani was threatening 10 dsi,y..
these. and further. that II W. r. Pea.
son K Company should sell the wat.
rants 10 third party. they would ~
mediatcly become binding Cn the r.,s.
the plaintiffs in, the case asked frr w.
temporary restraining ordcr.
If Brownsville carries out this pax
ing program. an "cxcrbitant pr.r.
will be paid for the paving the rrti-
tion claims. the prize. specified in inn
contract being S,.09 n square yard Thu
petition mentions the fact that Msy..
Cole refused to entertain the motion
for acceptance cf the W. L. Pearson 4,
Company bid. and that Commissioner
Turk was appointed mayor in his pli.ss.
the contract for The paving being sim
cd hy Mr.. Turk as mayor pro ten. ar-
BY the other three commissioners. i:
l.. Kowalski. John Starck and Burr
H;nklcy
Restraining Order Issued
The restraining order issued -
Judge Hopkins reads: "Thc forerons
application for injunction having brsa
presented to ne in ( hambcrs. and tr.
same having been duly considered. W
= oi'Nte'r rtt tttfttu
tho clerk of the district court IN unt.
for Cameron county. Texas. issue
temporary injunction. restraining thu
defendants. and each of them. from d.
ing and performing each. all and ever.
act complained of by the plaintiffs n
their original petition and appliraf'.
for injunction until further ord ma.
he made by this court upon anplican-~
giving bond in the sum Of $1,000 tetir
approved by the clerk Of the distract
court OF Cameron county"
The required bond Of $joeO was ~.
nishcd By the plaintiffs and apprt vci
by the district court. and citations hare
betn ISSUED.
The paving contract was awarded to
w. L. Pearson a. Company ever TIE