The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-10-24
AN INJUNCTION,
The Water Case in Court
This Morning.
ONLY A TEMPORARY stay
FINAL ARGUMENTS WILL BE
HEARD ON MONDAY.
When the Judges will Render their
Decision as to Whether the
Preliminary Injunction
Shall be Final.

&Ef4 HIS morning D. G.
II 4aG lAE1 Henning Esq, counsel
| Et2V5 l%LA sl and solicitor for the
ba ,54 taxpayers and residents
Il 'eifs, si- m, of Shenandoah, pre-
! & ss,se-te esF p" sented bill in equity
" @.-',--'s=- before the judges of
the Court of Common Pleas, complaining Of
the recent acts of the Town Council aud
their purpose in contracting with Thomas +.
Kens and Murtha p. Quinn for the erection
of water works. After recitiug the contents
of the bill of complaint of No ? March
term, 1892, presented to the court January
18th, wherein citizens NJ. P. Fowler and a
host of others claimed that the Town Council
was about to award contracts for the erection
of water plant at an estimate cost Of
S15O,OOO, thereby increasing the borough
debt
The bill offered this morning contains the
particulars of the recent election called for
by the Council, which was held June 14th,
1892, and which resulted in vote of SD
votes for mo increase of debt" and 764 votes
that the debt may be increased" The pro-
posed increase was fixed at $95,OOO In Mr.
Henning's carefully prepared bill offered
there was a petition, signed by petitioners to
the number of fifty and more, setting forth
that the increase of debt, claimed to be
authorized by the June election, is illegal;
that the election was not held according to
law, but in violation thereof, because the
proclamations for such election deceived the
taxpayers by false statements.
The first of these statements is the one
which puts the assessed valuation of the bor-
yugh at $2,O93,601 whereas the last assessed
valuation is 81, 1862, $40 Another statement
alleged on the bill to be false is the third one
to the effect that Monies in the treasury
all outstanding solvent debts and all revenues
applicable within one year to the payment of
the same, is S37,425.53" Another untruth
the petitioners alleged is that the percentage
of increase is four and three-quarters per
cent. They claim it would require six per
cent. of the assessed valuation. 1t is claimed
further that the proposed new water works
could not be erected for $4,000, that the cost
would be nearer 100000.
After further setting forth wherein the
recent election was illegal, in that the filing
of the returns, the issuance of the certificate
and other acts pertaining to the election,
were contrary to law, the petitioners asked
that their petition might be filed of record;
that time for hearing might be fixed; that
rule upon the Council be granted to answer
the complaint that an order be made cor
recting the mistake of the election officers,
in declaring the certificate issued for the in
crease of Indebtedness null and void; an or
der decreeing the action of Town Council !
and their associates illegal, and that the
petitioners be not required to pay the tax
proposed to be levied and the authorities
restrained from leyying and collecting the
tax.
Upon the presentation and filing of the
paper last named on July 1Ith, the court |
ordered it to be filed in the Quarter Sessions.
Notice of such filing was given to all the
borough officials and hearing fixed for the !
18th Of July last rule was also granted .
to show cause why the said election should
not be set aside.
To-day's proceedings were, perhaps, the
most important taken by Counsellor Hem
ming in behalf of his clients in all the series
of legal steps made to prevent our Council
from violating the law,
The bill further recites the endeavor to
contract with Messrs Quinn and Kerns for
the erection of water works. and repeats that
the June election is Illegal in that the works
would cost Sl5O,OOO, exceeding the increased
tax $4,000; in fact, that the works would
cost 100000, if properly put up that the
building would go far beyond the per cent.