The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-07-19
BONDS LEGAL
|,stions Raised as to City's
Indebtedness.
s. co TO THE SUPREME COURT.
I. B. Mctcalfe Brings an Action
:. Eestrain the Municipality
superior Court Doings.

.u,t for an Injunction restraining the
g s-on, floating the bonded indebted
g. Il $4,000 for the extension of its
"a svstem. recently authorized BY spe-
q session. was sent to the supreme
/ - ~ Judgment pro foyma upon the re-
80 II counsel OF both parties by Judge
ischtenberg yesterday. The suit was flied
s..tsrday by J. b. Metcalfe against the
81 MAYOR Robert Moran, and Council
- 3. i. Mckenzie, Thomas Jones and
- : Durie. the finance committee of the
81 council. The plaintiff in his COM
s,.;cf alleges the invalidity of the indebt-
lyys,sxx on two grounds involving
- construction of section 6, article WILL
~ section provides that no municipality
z.s.ll incur an Indebtedness exceeding one
& - one-half per centum of the last assess
s..nt valuation without 1.-THE assent of
ss,ee-6fths of the voters therein, voting at
:, sleefion to be held for that purpose, nor
4 cases requiring such assent shall the
nj indebtedness of any tire exceed five
s. eeutum.n Following this is provision
.A.reby an Incorporated city may be al
i.-ed ITO become indebted for larger
.r,ount. but not exceeding five per centum
.aditional, for supplying such city or town
IN water, artificial light and sewers.n
~ ulaintiff g construction OF these pro-
vIsionsis: III That it would require three
6,thz Of the voters of the city TO authorize
ipdebtedness in excess of IL per centum.
ID That an indebtedness for wafer in ex-
IS Of per centum cannot be authorized.
It's claimed in defense that the clause in
he constitution requires only the assent of
ihree.f.ths of the voters voting IN the cleo
ion. and that the city may incur any in
d<hteaness within the full limit of ten per
ont allowed for water and all purposes. In
lie constitution the punctuation OF the
f.suse Is as follows: without the assent of
fhree-f.ths OF the voters therein, voting at
"a election to be held for that purpose,
xith a coma after the word therein"
The complaint sets forth that at the cleo
ion held only 72l voters assented to the in
debtedness, less than three-fifths of the
voters OF the city. 1t also alleges that the
present indebtedness of the city is about
SO0. Oh, about $l59. 746 SO in excess of the IL
percentum Indebtedness allowed by law, and
vas contracted subsequent to the passage
Of the act of the legislature approved Feb
ruary 26. 1880, validating the Indebtedness
already contracted. This excess indebted.
ness has never been assented to by three
ffshs Of the voters of the city, and the
plaintiff alleges that the city is about to
loaf the bonds for this sl59, 1850
Indebtedness. The complaint prays
in an Injunction restraining the city
rom selling the bonds of the $3.50. 900 in
debtedness for water, and also for the ex-
cessiys indebtedness of $3.50. 746. So It was
desired by the counsel i. both sides that
the case should be decided by the supreme
court. and Judge Lichtenberg was re-
quested to render judgment pro toyma upon
acertified statement of facts, according to
the provisions of section 453 of the code.
The case was submitted without argu-
aent, Colonel ]. C. Haines and Charles r.
Eshback appearing for the plaintiff.
WAS IT MORTGAGE?
The case OF D. q. Ross VS.. d. X. How
ard one of the oldest on the docket of the
superior court, was argued yesterday, and
the case continued until this morning. In
1877, the plaintiff alleges he owned l64
acres Of land in Kitsap county. He owed
the defendant $3.50 and gave him deed to
the property to secure Its payment. The
defendant holds that it was an absolute
conveyance. The plaintiff alleges that
5000 feet Of logs have been cut from the
land by the defendant. more than enough
TO pay the entire Indebtedness. The plain
tlf sues for an order of court declaring the
deed 70 be mortgage and for an account
Ing.
SUIT FOR GOODS BURNED.
Daniel J. Fritz shipped from Illinois to
seatte lot of household goods. Of the
value OF s72S The goods arrived in Seattle
IN charge of the Puget Sound Shore Rail-
road Company on June 5, 1889. and were
burned in the great fire on the following
Gay. Mr.. Fritz flied suit against the
company To recover the vaiue of the goods.