The daily Argus. (Rock Island, Ill.) 1873-1877, 1876-02-15
sPRINaF1ELD's BANKRUPTCY
The Motion to Modify the Injunction Is
Overruled, and the City Remains
Without a Government.
Special Telegram to the Inter ocean.

was argued before Judge Zane yesterday
to modify the injunction issued by him last
year, and which, it is claimed, has blocked
the municipal wheels. The Hon. A.
Oremdorff appeared for the city, and the
Hon. N. w. Edwards resisted the motion.
After full argument upon both sides,
Judge Zane rendered his decision, of
which the following is synopsis:
THE original injunction restrained the
city and its officers from creating any fur
Their Indebtedness or from drawing any
on the treasury when there was
no money therein. 1t is conceded that the
amount of Indebtedness now exceeds the
limit. The motion is to
modify the injunction so that it shall not
apply to the payment OF any officers or en-
ployes of the city, or for the current NUM-
cipal expenses.
That provision Of the constitution which
debars cities or towns from creating any
for any purpose, in amount
exceeding FIVE per cent. of the assessed
and equalized valuation Of the property of
the city is plain and unmlstakable, ard a
court cannot look to any outside circum-
stances, The court must enforce the
plain provisions of the constitution. Now
if the object desired by this motion will
increase the Indebtedness it cannot be
granted and the officers cannot create such
Indebtedness The court cannot inquire
into the necessities Of the situation, nor look
at the possibilities Of destroying the city
government. If the city organization can
not be maintained in accordance With the
law, then it must fall. Ii evidence Of new
Indebtedness should be issued, when the
city is in the condition this is Conceded to
be, such evidence, be it in shape of war
rant or scrip, or what not, would be void,
and the parties accepting it would be de-
frauded to that amount, as no power could
compel the collection of an illegal and un-
constitutional debt from the Taxpayers.
The rule is so plain that no doubt is enter
tanned of the correctness of the position
that the motion must be overruled and the
Injunction continued
This decision seems to meet with full
acceptance by both sides, as it not only
Justices the action of Mr.. Edwards and
those who sought the injunction, but it
shows that Mayor Hay and the city coun-
ell, when they found their power to con
tlnue to incur expense was destroyed, DID
right in discharging the officers and EN-
ployes of the city, and thus closing up the
avenues of expenditure. The only way
now open is to quietly wait as best they
may until the legal income of the city shall
equal or exceed its necessary expenses.
How long this may be cannot be predicted,
and whether during the iuterregnum the
city will not fall back under township Or
ganization is also a question hereafter to
be settled.
And yet the organ of our reckless and
extravagant Rock Island Republican,
water board council, in speaking of that
matter, and of the mayor of Springfield.
said:
His action was that of coward. and
would have had no binding effect had the
council possessed backbone enough to
stand by the rights of the city, but the
council Endorsed the mayor, and thus
left the city practically without any gov
"ernment.
But Judge Zane, Ia Republican, takes
a different view of the matter; he says,
when a city is in debt beyond the constitu
tional limit Gas ours Isl it is not lawful to
sign warrant on an empty treasury. III
evidence of new Indebtedness should be
issued, when the city is in the condition
this is conceded to be, such evidence, be il
in shape of warrant or scrip, or what not,
he says, would be void!'
The organ of our water board council
says:
THE parties on both sides of this con
''troversy have acted disgracefully.
But the misdeeds of the citizens arr
thrown into the shade by the puerile con
duct OF the mayor and council, who
SHOULD have stood by their trust to thu
last.
But the telegram says Judge Zanes de
cision seems to meet with full acceptanc,
by both sides, as it not only justifes the
action of Mr. Edwards, and those VIII
sought the injunction, but it shows tina
Mayor Hay and the council, when the.
found their power to continue to incur ez
penses was destroyed, did right in dis
charging the officers and employees of tn
Y city and thus closing up the avenues @
expenditure,
But our water board council not only as
our mayor to sign evidences Of indebtedness
when the treasury is empty, and when GU
debt exceeds the limit allowed by law, bu
they ask the court TO compel him to sig
evidences of illegal debit Mayor Daver
export has done his best to protect tn
people of this city from the extravaganza
of our water board council, and, thong
} successful in many instances, he woul
have been in all if the men the people ser
to the council on an understanding ths
they would stand by him had done S,
Had the majority of the aldermen stood b
him, as the people expected they would
he would have been wholly successful
In the approaching election, If the pei
pie do not elect aldermen who will be tru
to the interests of the people in econom
and in refusing to run in debt, then th
people will have to do as they have
Springfeld-appeal to the court to enjoi
the council from contracting debt; an
also enjoin the collector from collectln
taxes, for Judge Zane says mo powe
could COMPEL the collection of an illegi
and unconstitutional debt from the tar
payersl" 1t is against illegal and unconst
tutional debt that Mayor Davenport hs