The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-01-25

correct In this assumption and have mis-
apprehended the plaintiffs position au OPP
portuniy will be afforded for correction.
VI. 1t is avCrred in the bill that the res
oution of December 10Th, 1885,, was adopt
ed at a special meeting. On the argument
it was conceded that this was incorrect 1t
was meeting held in pursuance of an
adjournment from the regular monthly
meeting OF December 9th, 1888, aud hence
special notice TO the two absent members
of Council was not required The learned
author to whose work we have had fire.
quent reference says "A regular meet
ing unless special provision is made to the
contrary, may adjourn to future fixed
day, and at such meeting it will be lawful
to transact any business which might have
been transacted at the stated meeting of
which it is indeed, but the continuation"
l Dillon Nun. Corp. IS 225. This Nigh
not be conclusive on a court of equity, if
it satisfactorily appeared that the bringing
of the matter up for consideration at an ad
journed meeting, when there was not full
attendance aud when il was not expected
was done for siuister and corrupt pur-
poses or was the result of trick TO head
off opposition and 10 prevent full consid-
Grafton of The matter by the whole Council.
But however this may be, we find nothing
in the atfidavis which would warrant the
court in annuling the action of the Coun-
Gil for the cause of complaint now under
consideration We may doubt the wisdom
and expediency of majority, in matter
so important as this, standing upon their
strict legal right TO proceed in the absence
of members who have had no actual no.
tice or knowledge of the meeting. But we
are not authorized to say that they acted
Illegally, nor that their action was inspired
by unworthy motives to prevent the mi
nority from expressing their dissent, nor
that it was not the result Of their deliberate
and honest judgment 1t would estab-
lish very dangerous precedent TO infer
either of these things from the fact that the
action was taken at an adjourned meeting
and in the absence of other members of
the Council. For such a ruling, while de-
signed TO protect a minority in their rights,
might become the subject of great abuse
by faction perversely refusing to attend
the regularly adjourned meetings and thus
obstructing the transaction of necessary
and legitimate business.
VII. Finally several considerations not di-
rectly affecting the legality of the action of
the Council were urged upon the argument
as reasons for restraining the defendants
from proceeding. Chief OF these reasons
are: 1st, that the Sanitarium and the ID.
l.. & w. Il. Il. depot will not be accommo-
dated; end, that the expense will be in
in the route AS now proposed tue sewer
will be likely to become obstructed; 4th,
that releases for the right of way over the
new route have not been procured, while
over the former route they have been 9th,
that the effect of the change will be to re.
lease the Normal School from its contract,
aud thus to cast an additional burden on
the town. The defendants assert, on the
other hand, that some II not all OF these OBJ
jections are in fact unfounded, and that
former one, which we need not here emu.
merate. We are not prepared to say that
all Of the objections to the present plan
I can be sustained, nor that such as are well
founded are mot counterbalanced by other
, advantages which it will have over the for.
, mer plan. However this may be- we fee
constrained to say, that the grounds of OBJ
lection to change in the route as urged
upon the argument are well worthy the
consideration of the Council, and if they
, have not already been fully weighed il
may not yet be too late for that body tC
consider them before proceeding farther.
, But we are clearly convinced, that, fol
none of these reasons, nor for all taker
together is the court authorized to inter
fere. This results from the nature of tn,
extreme remedy here invoked and the prin
ciples which control its exercise, as well a
from the independence of the Council from
q control by the court, in matters of discre
- ton. In general preliminary injunction
will not issue in a doubtful case and tn,
G equity power of the court, so far as it cal
- be marked here, extends only "to the pre-
1 venton or restraint of the commission o
c continuance of acts contrary to law ant
a prejudicial to the interests of the commu
4 nifty, or the rights of individuals" Ii
c adopting plan and route for the publi
!. sewers in the first place and in modify
ing and changing the same the Council act
G within the scope of its authority. To tina