The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-02-18
COURT OF COMMON PLEAS.
CITYOF CANTON VS.. 10 us SCHAE-
FER EFT. AL.
THE FULL PETITION

petition asks the Court for an account
and settlement. The object would seem
to be to have commission appointed to
carry out the order of the Court and re-
port thereto, 1t is proper to say that Mr.
Schaefer was the active and sole man
ager of our water works business till he
backed out by resigning. We need
hardly tell the readers of the DEMOCRAT
to peruse the petition =
THE STATE OF OH! STARK
COUNTY, COURT OF COMMON
PLEAS.
The City of Canton, Plaintiff,
US. Dot;4;oo
Louis Schaefer, Daniel Worley ''O"'
and Jacob Hawk, Defendants.
The plaintiff, the City Of Canton,
municipal corporation to-wit; A city
of the second class of the State Of Ohio,
duly incorporated under the laws thereof,
complaining of the said defendants,
Louis Shaefer, Daniel Worley, and Jacob
Hawk, says:
That in the year 1868, it was determ-
ined by the Council of said city, that
water works should be constructed for
said city.
That on or about the 10th day of April
1867 the said defendants then being
members of the City Council of said city,
received and accepted the appointment
as Committee on Water Works of
said Council, with authority from said
Council, to issue and dispose OF such an
amount of the water works bonds Of said
city as they deemed requisite for the
commencement and prosecution of the
construction of said water works, and
with authority to make contracts as pro-
vided by law, for work and material to
such extent as they deemed proper and
necessary for their completion.
That said defendants acted as such
committee from the date last aforesaid,
until November 1st 1869, from which
time they continued to act as the agents
ofthe plaintiff, substantially as they did
during the time aforesaid, but under the
name of Trustees of Water Works. .
having been elected such Trustees on
October 18th, IS69-said Louis Schaefer
for the term of three years, Jacob Hawk
for two years, and said Daniel Worley
for one year, from November Ist, 1869,
and they continued to act together as
such Trustees until April 18th 1870, when
said Louis Schaefer resigned.
That on the 18th day Of June 1868, the
Council ofsaid city passed an ordinance
entitled "an ordinance to effect loan
for water works in the City of Canton,
Ohio" authorising the issuing of the
bonds of said city to the amount of fifty
thousand dollars, bearing interest at
seven per centum per annum, payable
annually which ordinance was ratified
by the popular vote of said city, as then
required by law.
That on the 10Th day of April A. D,
1860, the Council of said city passed an
ordinance to amend an ordinance afore-
said, whereby said bonds were to bear
interest not exceeding ten per centum
per vnnum, payable semi-annually.
That on the 9TH day of June 1869, said
Council passed an ordinance entitled
ian ordinance to effect further loan for
the construction and completion of the
Canton City Water Works, authorizing
the issuing of fifty thousand dollars of
the city's bonds bearing interest not ex-
ceeding ten per centum, payable semi
annually.
That on the 10th day Of January 1870,
said Council passed an ordinance entitled
ian ordinance authorizing the issuing of
bonds for the enlarging and improving
of our City Water Works, providing for
the issuing of ten thousand dollars of the
bonds Of said city bearing interest at the
rate of seven per centum per annum,
payable annually.
The plaintiff further complaining, says
that the defendants, as the agents and
representatives Of said city, as aforesaid,
caused bonds to be executed under all
the ordinances hereinbefore referred to
and to the full amounts authorized there |
by; and between the 10th day of May
1869 and the I2th day Of April 1870, ne
gotiated and disposed of large amounts
of said bonds.
That on the I2th day of June A. D.,
1869, said defendants reported to said
City Council that they had negotiated
and disposed of bonds to the amount Of
forty thousand five hundred dollars, to-
wit: Of seven per cent bonds the sum
Of tho thousand dollars, and of ten per
cent. bonds the sum ofMirty etght hOas-
and JfvS hHndred dollars.
That on the 18th day of July 1869. said
defendants reported to said Council that
they had, las such committed negotiated
and disposed of the bonds of said city in
he additional sums following, to-wit.
Of ten per cent bonds JortyJfvs thousand
me hnndysd and Efty dollars, and had
for the delivery of the seven
per cent. bonds aforesaid, to the sum Of
'oNytesn thousand eight hnndred and
57y dollars, in payment of materials