San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1892-03-04
CITY EN5oINED.
The $4,000 Reminding Bonds TO
be Tested.

uCnAhS AAANA Wv Nv "
issuing or selling the last proposed batch
of r%efunding bonds:
ITO the Hon. Geo. II. Noonan, Judge CT
said Court:-Your petitioners and such
other citizens, being tax payers OF the
city of San Antonio, Texas, who may
hereafter Join herein, and hereinafter
styled plaintiffs, complaining OF the city
of San Antonio, b. CaHaghan, its mayor,
and Z. p. Claudon, its city clerk, herein
after Sty led defendants, most respectfully
represent:
/. That plaintiffs, and each OF them,
are citizens of the state of Texas, aud
reside in the city of San Antonio, in the
property in said city of San Antonio on
which they are required by law to pay,
and do pay such taXaS as may be from
time to time legally levied and collected
by said defendant city of San Antonio.
2. That defendant, said city of San An
tonic, is a municipal corporation having
a population of more than ten thousand
inhabitants, and duly Incorporated and
holding a charter under and by virtue of
a special act of the legislature of the
state Of Texas, approved August 18th,
A. ID. 1870, and now exists as such munich
pal corporation, and exercises it's powers
as such by virtue of said act and Subse-
Quent amendments thereof, enacted by
said legislature; all of which are by the
Z u " SCCUicu y vi all dCU VI Sdlu iCSlS-
iature approved April 3rd. 1899, made
public acts, and are required to be taken
judicial notice of, except the amendment
TO said charter becoming a law on the
3rd. day of MAY, A. ID 1891.
8. That said defendant B. Callaghan,i is
the duly qualified and acting mayor of
said city, and defendant e. P. CIaudon, is
the duly qualified and acting city clerk of
said city.
4. That heretofore towit, on the 18th.
day of February A. ID. 1892, said defend
ant City of San Antonio, by and through it's
city council duly enacted and promulgated
an ordinance. providing for the issuance,
by said Callaghan, of bonds in the sum of
fifty thousand dollars, $4,000 to be dated
said date, bearing interest at the rate of
six (6l per cent per annum, as
a refunding bond, for the pur-
pose of redeeming fifty thousand dollars,
(50,00O.0T in bonds issued June LIST, 1878,
que aud payable twenty years thereafter,
and bearing interest at the rate of ten per
cent, and providing that the interest
up to date, and further providing that
said defendant, Callaghan, be authorized
to sell said bonds and place the proceeds
thereof in the sinking fund of said de-
PENDANT city, and said ordinance further
levies a tax of two per cent on the prin-
cipal of said bonds and also a tax suffi-
cient to pay the interest to become due on
in said city of San Antonio, including that
of plaintiffs, a substantial copy of
said ordinance being hereto attached,
marked exhibit A." and hereby prayed
to be taken as a part of this petition.
Wherefore plaintiffs show that they
have a special interest in the subject
matter of this suit.
DIotntiHc f,rth nr vo &Lcx A. ,,o..
ance of said bonds for the purposes stated
In said ordinance, would be wholly with
out any warrant of law and that said
bonds would be declared void, except in
the hands of innocent purchasers,
but plaintiffs believe that said de-
PENDANTS will sell said bonds to
such innocent purchasers, thereby largely
adding to the enormous bonded debt of the
city, and largely increasing the amount
Of taxes which must be paid by plain
tiffs for many years to come. thereby
causing irreparable injury and damage to
plaintiffs, and therefore plaintiffs show
that they have no adequate remedy at
law by which their rights may be pro-
tected.
6. Plaintiffs further show to your
Honor, that said ordinance is void and of
no effect In this, that there never has
been, nor is there any authority in the
charter OF said city for issuing bonds to
assist in selling illegally issuing refund
Ing bonds, which is in effect the object
and intent of said ordinance, nor was
there any authority in said charter for is
suing bonds in the sum of fifty thousand
dollars, on the LIST. day of June, 1888, for
the purpose of redeeming a like amount
of public improvement bonds issued on
June LIST, 1878, as in said ordinance stated
And plaintiffs further ave. that II the
statements made in said ordinance be true
II fhan IN fnIrNh nHH H. fa.A H. ~ T.
proyement bonds in the sum of fifty
thousand dollars issued June 1st. 1878.
have been fully paid off, redeemed and
discharged by paying their full value out
of the redemption fund of the city of San
Antonio, on June 1st, 1888, as also sci
forth in said ordinance in it's third para
graph.
Plaintiffs further aver that there is ne
authority whatever in said charter
authorizing said city to ante-date its obi
cations, and plaintiffs further charge
that unless restrained by your Honor;
most gracious writ of injunction said de-
PENDANTS will issue and sell said bond!
and collect said illegal tax to plaintiff
great damage.
Wherefore premises considered, plain
tiffs pray for a preliminary Injunction en-
joining and restraining defendants ant
each of them. from In my manner ISSUING
or selling said bonds in the sum of tift.
thousand dollars as authorized by salt
ordinance and from enforcing the pro
visions of said ordinance levying a tax a
aforesaid, until the future orders of you
honor.
That defendants be cited to appear an,
answer hereto at the next regular term O
this honorable court, that upon a fina
trial said preliminary injunction be per
petuated.
That said ordinance be declared and ad
Judged null and void.
That plaintiffs recover of defendant
ali costs herein accrued or expended an
/ for general and special relief in tn
premises"