Show lOSE FIG IT TO GAIN Low V COST TYPE OF ENl Court Dissolves cs Order Held City From Signing i WARM ARGUMENTS I I Foolish to Call CaU Advisors and Disregard Advice Court Says Judge James N Kimball this morn morning in dissolved the re restraining order which property owners In paving la district No had se- se secured cured against members of ot the city commission barring them from signing a contract for tor six Inch six concrete paving In the tho district Judge Kimball also upheld a demurrer to the complaint of ot the property owners owners- on tho the ground that his court has no jurisdiction In a suit of this nature Further Further- Furthermore Furthermore Furthermore more Judge Kimball held that facts stated In the comi complaint or of orthe the property owners were not suf sur sufficient suf- suf to constitute a cause causo for tor action Attorney A G Horn who rep rep- represented represented rep represented resented tho the property owners o was given tire ti days In which either to tile file an amended complaint or ask for tor appeal of oC the cas case casa to the state supreme sl court In court this mornIng ho he said he hal hail not de- de decided de decided what action he be would take The suit was that of oC the Uw lie Mutual Realty Really and Investment com company pan V J Blackburn Froerer and Fowles owners In district dl No 10 against Mayor George E Drowning Browning and members of ot time city commission In their com corn complaint plaint they charged that the he com corn commissioners commissioners missioners Ignored th their ir protests and after atter that the con con- contract contract con contract tract would be awarded for lor the typo of ot pavement lowest lowes In cost finally decided on the concrete at ata ata ata a cost of ot more than the black type PROMISES NOT BINDING Judge Kimball held heM In his hi de- de de decision cislon that even In the event time the I members ot of the commission made promises to the property properly owners they were not legally binding He said there was nothing In the proceeding In which his court could interfere The property owners Ir if they were called In to express their desires simply acted In an advisory capacity he added and legally the commissioners were not legal les-al ly Iy bound to agree to their reo re- requests re requests quests Judge Kimball said that In view of oC the tho fact tact that the city commis commis- commissioners commissioners have the authority to do ork work as award contracts ho he believed It was a foolish move mo for tor them to ask tor for the desires or of the property properly owners It finally they were going to make their own decision Advisory committees an and boards ho he added have caused tife and before According to the complaint Judge Kimball said certain types of oC paving were vero outlined outline In no- no notices no notices tices and bids called for tor It a was then left open for the commission commission- commissioners ers era to make their thelt choice utter after th the city had secured tho the proper Juris Jurisdiction diction HORNS HORN'S Attorney Horn presented a stir stir- stirrIng stirring stir stirring ring argument for the property owners setting forth that the city commissioners represented that their desires would be Coli followed owed and requested the owners to file tUe peti petitions as to their desires The pe pp petitions were tiled flied on June 30 SO Mr Mc Horn said BAld but were Ignored The commissioners did not act In good faIth he said and antI the commission commission- commissioners ers s were attempting to cram cream th- th th paving down their throats Peo- Peo plo have rights he lie asserted but they have ho been by the city cHy board boord The rhe property owners owners Mr Horn declared took every step possible to protect themselves by by taking action before beCore It was too late lato In try try- trying try trying ing to get the commissioners to se- se select select se select lect the lowest bid Mr Horn lorn also attacked the notice ot of Intention published by the board ril In which It stated slated the thO plans and an for the paving were on tile rue In the city engineers engineer's of- of of office flee fice He said that the plans were not there until June 16 15 although the notice stated they were Mr Ir Horn asserted that the board made the plans and specifications comparable so that each type of paving advertised for tor would be equal In quality promise was wits also mode made that the contract would be awarded to the lowest responsible contractor However the commis commissioners had apparently determined In advance ad to award for tor a certain type even though It cost the prop prop- property property property erty owners more and ond In- In Inflicted inflicted In Inflicted a II type of pa paving upon them which they did not want O nu n TYPES cLa DI CL He lie said that hat the tho commissioners met and cut down th concrete specifications from 7 Inches to 6 so that concrete would be corn corn- com comparable parable with the other bids City Attorney A W Agee eo Age represented represented tho the commissioners In the case Joseph Joeph E B Evans E attorney for Cor Jacob Gardner ler the successful contractors was also In court but did not take toke active part Judge Judo Agee quoted authorities to show that the city have authority to select types Ies of paving and they are by bylaw bylaw bylaw law to u ue uw c their own discretion In matters He lie also said the courts could not Interfere |