The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1888-12-20
IN A BAD SHAPE.
Grave Charges Against the
Stability Of Alliance
Our Prosperous Sister City on
the kaat.
The Council Charged With ApprOprl
alton OF Funds,
And a Petition In Corr hAya tho CITY Ia Al
most nAnkrppt-An I%nianstion Granted,

Tor againft the city OF Alliance, 10 en-
Join tho city from continuing In Ger
tain practices which no alleges have
been carried on In the past II his pc
titiOn Ia true q queer state OF aifaira
exist In Alliance aud the good people
OF that city will DO pleaaed TO learn
that steps are being taken 10 prevent a
REPETITION OF such transactions,
From Mr.. COulters petition II would
seem that tho treasury IL In q bAd con
ditiOn aud about empty, lilo claims
that on account of certain abuses
thoro In now no money IN the treasury
10 meet current expenses or TO pay leg
innate debts and asks that an inIuno'
ton BIO granted 10 prevent the %oOntlnu'
ence OF this state OF affairs, lle also
charges that the corporation has NJ
various times appropriated money for
different purposes without tho clerk
certifying that the money was In tho
treasury TO the credit OF tho fund from
which II was 10 DO drawn,
lilo also claims that the corporation
has caused lis clerk 10 issue OTdem up,
on the treasury for a large amount,
without any ordinance being passed
approprlating such sums for said pur'
poses,
lie further charges that single mem,
berB OF the council have boon given
power 10 make contracts aud that or
ders have been drawn upon ita treasury
and paid out OF ID, In executing such
illegal contracts,
The petition alleges that the plaintiff
ia q resident and tax payer Of tho city
Of Alliance and has been for many
years past. That for more than one
year past the defendant, the City Of
Alliance, has been miaapplylng Its
| corporate funds and abusing ltB cor.
porate power In this, that II has at
divers times Appropriated money for
various purposes without tho clerk Of
the said corporation having certified
that the money 80 appropriated was In
the treasury 10 the credit Of the fund
from which II was 10 be drawn and not
appropriated for any other purpose.
That II has appropriated money In the
treasury otherwise than by ordinances
passed for that purpose, containing an
explicit statement OF the uses aud pur.
poses for which such money was 10 DO
used, and II has within the year last
/ passed, caused lis Clerk 10 draw and
issue orders upon Us Treasury for sums
amounting 10 many thousands Of dol,
lars, without any ordinance being pass
ed, 0pprOpriating such sums for any
purpose, and without the money being
In the Treasury 10 pay the same,
That II has delegated 10 single NOM
beers OF lbs council and 10 committees of
two or three m0mbers thereof authority
to make contracts In behalf Of said
city, and has issued orders upon It's
treasury for and paid out large sums Of
money In executing such illegal and
void contracts.
That II has made contracts and en-
tered into agreements and obligations
involving the expenditure OF money,
without the certificate Of the clerk hay.
ing been made, ag required by law,
that money was In It's treasury TO the
credit OF the fund upon which the
orders were drawn, and not approprl'
ated for any other purpose.
That the defendant has persisted aud
is still persisting In doing said unlawful
acts, although fully advised that said
acts are In violation OF the law
A number OF orders on defendants
treasury drawn and Issued by It's City
Clerk, are now outstanding and have
not yet been paid, all Of which were
issued without any ordinance having
been passed appr0priating the sums
named therein, without authority of
law, and In violation OF the statutes
governing the appropriation and pay.
ment OF money by municipal corpora.
ti0nB.
As q result Of the loose and illegal
methods Of conducting lbs financial
affairs above set forth and complained
OF, The defendant Is now unable 10 pay
It's just debts or TO meet It's
current expenses, although u
sufficient sum OF money for
said purposes WAS realized and paid
into us treasury by taxation OF prop.
orty within its limits.
The defendant liz about TO or will,
unless enjoined by the court, pay said
outstanding orders issued by its Clerk,
without authority OF law rs above set
forth. II will pay out Of lis corporate
funds money enough IN the execution
Of contracts, agreements and obliga.
tons made and entered into In behalf
OF said corporation In disregard and
violation OF law,
Such Illegal expenditures and the
execution OF such Illegal contracts are
u misappllCntion of the defendants
corporate lands and an abuse of It's
corporate powers for which the plaintiff
has no remedy save by injunction.
On the lith day Of November, 1883
plaintiff served on j. l.. Philips, the 30
liOitor Of the defendant,a written notice
requesting him TO apply 10 the court of
common please OF stark county for an
order or Injunction 10 restrain the de.
PENDANT from entering into any con.
tract Involving the expenditure of
money, or from passing any ordinance
for any expenditure, unless the clerk
first certlies that the money required
for the contract is In the treasury TO the
credit of the fund from which Il is to
be drawn, and not appropriated for
any other purpose. Also To prevent
said city from appr0prlating money In
Its treasury except by an ordinance
containing an explicit statement Of the
uses and purposes for which the appro.
prlation Is made, Also TO prevent the
said city from paying any order upon
It's treasury which have been or may be
Issued without an ordinance having
been duly passed appropriating the
Dum named in such order.
Also TO restrain said clty,from paying,
complying with or executing, directly
or indirectly any claim presented
against or any contract or obligation
entered into by the city of Alliance In
violation Of sections 1903 and 2702 OF
the Revised Statutes Of Ohio.
Plaintiff says that said Philips refused
TO make application for such Injunction.
Wherefore the plaintiff prays that
the Court enjoin The defendant from
entering into any agreement as de.
scrlbed In the petition handed 10 Mr..
Philips, which Is given above.
The VIVA urantad fhta