Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-03-12
made, to an amount exceed

ion has been made, to an amount exceed
ing $4,000.
II: That your petitioners are informed
and believe that the said R. W. Shenk
John A. Boring, VIM. Sales, Hubert An
derson, Henry Doerr, Amaziah G. Barr,
Ihos. Hays, Philip Lebzelter and VIM. D.
Sprecher, the said Street Committee, have
entered into contract, or are about tc
enter into contract, in the name of the
City of Lancaster, with the said Cunning.
ham and McNichOl, or some other person,
to lay stone pavement, known as a Bel
gian pavement, in North Queen street, be-
tween Centre Square and Orange street, at
cost to the City of Lancaster of 81, 900.
12. That the making of said contract is
illegal and without law :; that no ordinance
of the City of Lancaster has been passed to
authorize the laying of the said pavement
that no ordinance has been passed to au-
thOrize the making Of said contract no
ordinance has been passed to authorize the
borrowing Of the money to pay for said
work, and that no money has been appro-
priated by the Councils of said City for
such purpose, and that the doing of said
work under said contract will increase the
actual Indebtedness of the said City of
Lancaster, and will increase it to an amount
which, with the bills contracted by the
said Street Committee, and for the pay
ment OF which no provision has been made,
will exceed the amount to which the said
debt is limited by the Constitution.
They therefore pray:
l. That the said II. W. Shenk, John A.
Boring, William Sales, Hubert f. Ander-
son, Henry Doerr, Amaziah c. Barr, Philip
Lebzelter, Thomas Hays and William D.
Sprecher, the said Street Committee, be re-
strained by the process of this court from
executing said contract with the said Cum
ningham & McNichols, or with any other
persons for the making of the said pave
ment in North Queen street, between Gen.
tire square and Orange street.
2. That if the said street committee
have entered into a contract with the said
Cunningham & McNichol for the making
of the said pavement, that the said Gun
ningham & McNichol be restrained by the
process of this court from making the said
pavement under the said contract, and
that the said contract be declared null and
void, and the said street committee and
the said Cunningham & McNichol be
ordered and directed to surrender, give up
and cancel the said contract
). And that your orators may have such
other and further relief on the premises as
the nature of the case shall require and to
your HOnors may seem meet.
GEORGE NAUMAN,
Solicitor for Plaintiffs.
Lancaster County, ss
John T. MacGonigle and William Millar,
being duly affirmed, say the facts set forth
in the foregoing bill of complaint are true
so far as stated from their own knowl-
edge, and SO far as stated from the iDfOr-
nation of others they believe them to he
true.
Affirmed and lssd subscribed before}
Deputy Prothonotary.
Mayor MacGonigle informs US that
Major Shenk informed him as late as three
o'clock yesterday afternoon that the con-
tract for the paving had not yet been
signed.
Mayor MacGonigle is not opposed to
paving North Queen Or other streets with
Belgian blocks but he is opposed to hav-
ing the work done contrary to the plain pro-
visions of the laws and ordinances which
he has sworn to enforce.
To-day subscription paper was put in
circulation among the property owners
along North Queen street, between Orange
and Chestnut, to have it paved with Bel
gian blocks on the same conditions under
which East King street was paved. We
understand the paper is being signed by
most of the property owners, who agree,
not only to pay 50 per lineal foot of their
own frontage, but sufficient additional
sum to cover the payment Of 50 per foot Of
the frontage of those who refuse to con-
tribute.