Jasper County Democrat, Volume 5, Number 22, Rensselaer, Jasper County, 6 September 1902 — INJUNCTION DENIED. [ARTICLE]

INJUNCTION DENIED.

Judge Thompson Refuses Restraining Order lit Newton County Court House Case. The attorneys completed their argument in the Newton county court house injunction case Friday afternoon, and the court announced that he would render his decision at 7 o’clock that evening. At the appointed hour about all the attorneys in Rensselaer and quite a number of citizens were in the Gourt room to hear the decision, as the matters presented in the application for a restraining order, together with the prominent legal talent on both sides, made it a case of unusual interest and one to tax the legal knowledge of the most able jurists. The opinion was quite an exhaustive one and covered every phase of the case, and those who listened to it were impressed with its sound logic and the intelligent legal reasoning advanced by the court in denying the restraining order. It was a case that only a court with long experience and well versed in law would have been able to handle intelligently. The court held that the statement of facts contained iu the complaint were not sufficient to warrant the granting of a restraining order, and cited numerous authorities in support thereof. As to the constitutionality of the court house removal act itself, the court was of the opinion that the law was good, except sections 17 and 18, which were mere surplussage, aud cut no figure with the law as a whole. He held that the alleged changing or alterations in the plans aud specifications cut no figure, whatever; that the commissioners had a legal right to make any changes therein they saw fit, either before or after the letting of contract, etc. He held that the act itself provided for appeal from any order of the county commissioners by any taxpayer; that no appeal from the order for removal of the couuty seat to Goodland having been taken, or from the other orders relating thereto, aud the petitioner was now barred, aud the couuty seat was now legally located at Goodland ■Rud was but occupying temporary quarters at Kentlaud. Mr. Harris, for ttie “injunctor,”, said that as he understood the law there was no appeal from the court’s decision, and it only remains for those opposing removal to begin direct action in the Newton circuit court which court does not convene until next month. Iu the meantime it will probably be the plan of the Goodland people, iu the event the contract is let for the court house this week, to have the contractor get as much work done aud as much material on the ground as possible before the convening of court, thereby requiring the aiiti-removalists to put up a mighty good bond to indemnify the contractor for damages. Later: Five bids, ranging from $40,875 to $52,000, were tiled for the construction of the court house at Goodland. Rush <fc Warren of this city, had in a bid of $44,750. Notice was served on the bidders that they were bidding for trouble. The commissioners considered the lowest bid, that of E. Danner of Kokomo, but the county council refused to make any appropriation for a new court house, therefore Danner’s bid was rejected and the commissioners adjourned. This move no doubt meaDS more trouble and lots of it before Goodland gets a new court house. I have three good work mares for sale, two them are good brood mares. A. G. W. Farmer, Sharon, Ind.