The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-01-13
STILL THEY COME
ANOTHER INJUNCTION ISSUED
BY THBPOTTSVILLE COURT.
BOROUGH COUNCIL RESTRAINED
From Continuing It's Steps To-
wards Establishing Public
Water Works and Issue
Bonds for the Purpose.

The water question is daily becoming
more interesting, and the latest develop
ments are not such as are circulated to
give encouragement to the scheme to build
borough water works. Citizens who, up
to the present. have kept out of the fight,
and who are Interested only in keeping
Council wiLhin bounds and keeping the
taxes down. are now taking a hand in the
contest.
A bill in equity was fled in court yes
terday signed by NJ P. Fowler, Lewis
Kline, j. s. Kistler, T. D. Davis, John
Daddow, Geo w. Beddsll, S. A Beddall,
A. Kincaid, Henry Weiderhold, G. w.
Dengler, John Price, Frank Warwick,
John P. Boehm, II. W. Titman, D. j.
Langton, A. H. Roads, S. D. Hess, Michael
Monaghan, j. s. Callen, E. j. Wasley,
NJ. o. Hars, Daniel Bailey, Patrick Ryon,
Thomas Nc Allister, j. B. Monaghan, John
Roberts and Joseph Beddall, and pr wing
for an injunction to restrain Council from
proceeding withou; authority to issue bonds
and contract debt of from Sl25 900 to
$3.50 900.
The fifteen members of the Borough
Council are made the respondents in the
suit, and service was made upon each of
them to-day, the court having granted the
injunction yesterday. Following is a copy
of the petition as ii was presented to court 1.
To the Honorable, the Judges OF the Court of
Common Pleas of Scbuylkill County:
Your orators complain and say
First. That they are residents and owners of
real estate and personal property, within the
Borough of Shenandoah, and as such are
bound by law and do pay all taxes Justly
citizens, residents and owners, are directly
Interested in every question which can or
may in any wise whatsoever, increase or
augment the amount OF the said taxes
| chargeable upon their property in the said
borough and in the lawul ana economical
| administration OF the aha rs thereof.
Second. And your orators 1urther show
that the said defendants were, according to
| law, elected members of the Town Council OF
the Borough oil SlenanuO n nave been QulV
qualned, have undertaken the discharge of
the duties thereof, and now I'LL the said offices
OF cOuncnmen.
Third. That the erection OF the said WATER
Works as proposed and hereinafter more par
tlculary set fOrtn would increase the indebt-
edness OF tue said borough to an extent far
beyond tn two per eentum of the assessed
valuati n of thereal esta' of the sad Borough
OF Shenandoah, that in truth and in fact il
would increase the Indebtedness to upwards
of twelve per centum of the said assessed val
election 4 II
the said borough has been held to authorize
the said increase OF indebted ess as now pro-
posed and that the same is attempted 10 be
oone wholly without warrant of law and with
out legal authority.
Fourth. And your orators further show
that they are informed and believe that, and
SO charge, that these defendants, as such
Town Council, are about, for and on behalf of
the Borough Of ofShenandoa and in the name
OF the said borough 10 ISSUE bonds to the
amount of Si0 900 or more, the Interest and
principal oil which Will be a Ch irge upon the
proper y of the citizens and taxpayers Of the
borou IA. ano which wiu greatly augment
their taxes.
Fifth. And your orators iurther how that
they are Informed and believe, aud so charge,
that the kaid defendants, as such 4 own COun-
Gil for aad on behalf of the borough, are
about 10 award contracts for the erection of a
wafer plautl the cost of which is variously
estimated at from 800 900 to $4,000, and tnat
sum of money exceeding $500 has been
taken from the borough treasury and already
expendt on the project.
= xth. And your orators further show, that
they are advised and believe, that the said
una, rta ing, of erecting borough water
works, ana the making and issuing Of bonds
of the said borough, by the deendanLs es
Aforesaid, for the purpose OF erecting such
water works. are SithOut any warrant wnat-
sUeYer.
To the end, therefore, that the debt of e
said borough msy not be unlawfully in
creased a d the taxes chargeable TO, and to be
ley We'd in the said borough, upon the property
Of your orators and their fellow citizens,
greatly augmented, your orators pray:
irsl hat the said defendants may he
restrained, by the o. der and injunction OF
this Honorable Court. from contracting for
any machinery or other material, or author
izng any work TO be done in the name OF
the sad borough upon such water works
ana frOm making, signing, sealing, deliver
ing or issuing ahy bonds or instrument OF
writing, of any nature whatsoever, for or on
behalf of the said borough, Tor the purpose of
erecting such water works, and from expend-
Ing any further sums Of money thereon.
Second. such other and further RELIEF
the court shall see meet.
Third Service OF this bill by copy.
The bond of John Gathers, j. o. Roads and
Lewis Grant were also filed. Judge Green
granted "a rule 10 be made returnable next
Monday.