Show injunction T DE NIED james calvert resigned hi kufs s contract a week ago THE OF SO 10 the wort OB oil thi the fire station will low ka be rushed pushed hith the greatest Creal 14 possible ross llla speed the case of clarence channel and L J bucher va vs ogden city and B R 0 smead praying that an injunction be granted prohibiting the conting ance of the contract on the central fire elation station came up in the first district court yesterday city attorney james N kimball appeared for the city evana evans and for or R 0 smead and james A calvert and L L it rhodes for the pe titio ners the defendants moved to set aside the restraining order on the ground that no bonds bad been furnished by the petitioners petition ers the court gra grand va the petitioners petition ers a certain length of ottrue in which to file a bond a of 1000 this boad bond was filed at 1 30 p in I 1 at 2 p in the case was resumed I 1 A demurrer was introduced anthe on the I 1 ground that the complaint did not I 1 contain facto sufficient for a causa cause of action and that there were no a grounds rounds 1 1 stated in the complaint which which entitled 11 the to equitable relief this demurrer was argued and taken under advis advisement eme ri t As the court could not decide the case that day the parties interested were granted ed the privilege of putting on wall mony to show aho why wh an injunction should or should not be granted this s was accepted and it fell to the defendants to show why such an order I 1 should not be made mad they began the c elas cise 1 by collin calling 9 to I 1 the stand contractor 8 smead mea d lie ile testified that be he had received the contract from the city and entered into I 1 the details of the matter which have already been published in the council counell I 1 proceeds proceedings edi 13 go some weeks ago lie ale also sta stated I 1 ad that he did not aco promise r mise to let the subcontract sub contract to mr calvert and received no I 1 figures from him on the brick and I 1 bricklaying work until after the main contract was given to witness also that calvert was not now a sub con tractor on ahat bat building that be bad been released at bis his own request from the contract last saturday that mr leek who bad left the company of calvert co bad been given the contract during the folli following wing week and that work bad tied begun began and been continued until the restraining order was leaned issued the price to be paid to mr calvert was 1500 while leek bad had taken the work for 1475 a few low hours work having been done on the job mayor turner testified as to the contract and the bids received and also that after little stewart k co i whose bid was the lowest bad withdrawn their bid and mr smead bad had raised bis his bid he lie the mayor I 1 bad had ow sworn 0 rn smead and be his smead had bad then te testified a tidied that he had not raised his bid because he the lower bid bad had been withdrawn bat but simply because he had made an in error in the footings mr thomas D dee testified that though hough be he bad seen name on the books of the eccles lumbar company for years be he had not known the gentleman until after the trouble arose and knew nothing of any contract between smead and bis his company to furnish the lumber material for the fire station mr james A calvert next stated that his firm wag was dissolved mr leek having withdrawn last monday a move be he bad had contemplated for over a year a r witness never bad had an intimation vl 0 of ameada bidding forthe for the contract until the bids were opened in tha city council last saturday smead bad had at witnesses request iu bot released witness from the ere subcontract sub c contract 0 after which leek bad taken the subcontract witness was not directly or indirectly interested in eaid eald sub con tract and never expected any profit whatever from it M I 1 here the defence rested the plaintiffs first called mr stevenson lie testified that be he bad had verbally offered to do the work for 1440 that afterwards ho he bad had beard heard of buchers chera bid of and advised smead to take it when bucher failed to stand by his fl figures witness offered to do it for 1376 1375 J G Anderson of the pressed brick company testified that be he bad had offered to furnish pre pressed a sad i brick for the front and common b brick rick for the other walls for 1350 but admitted that his brick were not band sand rolled although the specifications called tor for sand rolled brick G A corro bated a portion of mr Steven sons testimony I 1 and stated be he had not as supervising architect received any list let from rom mr smead of the sub contractors on the station nor bad be had notice of the chance change from calvert co to leek L J bucher testified that bia his bid for or the subcontract sub contract was and gave a detailed account of the transactions between him and smead until october when smead secured the contract sir was called lie ile stated 1 that he was to receive additional ir I at r extra work on the foundation but thai the money went to toiba the sub atone I 1 contractor r wm F fisher testified that mr BIT calvert had offered to do the brick work for or 1270 a day or two before the bids were opened major J K R elliott gave an account I 1 of the investigation proceedings edin 3 I 1 b fore the council bince tho the br bricklayers ick fayers petition on Ca calverta lverts sub contract L R rhodes took the bland stand and stated that he bad had a appeared before E the council offering to prove that culvert calvert waa was furnishing interior inferior brick for the towers sewers objections were raised and be he departed from the stand claiming that if the statements were werd immaterial irrelevant and incompetent they served to show tho the system of dealing and bad faith which existed I 1 air jr explained the nature of the extras allowed smead by the council connell mr air culvert calvert on oa being recalled explained bained that the estimate given to win fibber fisher wai on the bench fire elation station and not on the central fire ata bl tion at the cloea close of the testimony tea the I 1 f case W was as submitted without ment the court after calling alieni i tion to each of the the allegations in the complaint stated that as mr calvert was out of the contract now the injunction would do no rood good it could not reach the party complained against ill it be he still remained in poe session of the contract there would ba be no trouble be lie said bat now I 1 eee ee nothing to act upon I 1 think I 1 hall have to deny the application for an injunction this settled the he ciao which mch bag has caused BO so much debate and discussion in a the council the at attorneys torness shook bands with the contractors and the embers of aie city council who 1 w were are la in the court room and congratulated them on the victory obtained and d the possibility ol 01 now going ahead with the work on the building and completing it this is at least one injunction in which ogden has come n out ut ahead and much of it is doe to the able work and thorough examination of all points both aa as to fact and as to legality performed by david evana evans and L K R rogers quite a number of spectators were present in the court room and they bey all seemed to rejoice at the victory won by the city it completely exonerates the city council from any stigma of corruption or illegal work and restores it to the confidence of its citizens who desire to see the good work on public institutions going ahead at a lively rate |