The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-07-11
THE COUNCIL IS
AGAIN RESTRAINED
TIE COURT HAS GRANTED
ANOTHER INJUNCTION.
THE WATER COMPANY GETS IT
The Court Asked to Correct Mis-
takes Of the Election officers
and Declare the Proposed
Levy Illegal.
THE WATER COMPANY GETS IT

at the last special election, asking for an
injunction against the Borough Council
and other borough officials.
The import of the injunction is set forth
below.
The injunction granted by the court is 3
temporary one, and the rule is made re-
turnable on Monday, 18th inst, when ar
guments will be made.
First. That the increase OF Indebtedness of
| the Borough of Shenandoah, as claimed to be
authorized by the said election, is Illegal
Second That the said election was not held
according to law.
Third, That the said election was held in
violation of law by reason of the fact that the
proclamations proclaiming that such election
should be held deceived the tax payers of said
borough in this, that it set forth statements
that were untrue.
The statement marked first in the said
proclamation set forth the fact as follows:
"The assessed valuation in the Borough Of
Shenandoah is two million, ninety-three
| thousand, six hundred and ninety-one dollars,
| (S2 O93, 69l)" This is untrue for the reason
Of Shenandoah is one million, eight hundred
and sixty-two thousand, six hundred and forty
dollars.
The third statement reads as follows:
monies in the treasury, all outstanding sol
vent debts and all revenues applicable within
one year to the payment of the same, is S37,
425. .53." This statement is untrue.
In the fifth paragraph of the said proclama-
18th. The percentage of the proposed increase
is Az per cent" whereas it is the fact as your
petitioners believe, that by mathematical cal
culation it would be over per cent, of the as
sessed valuation Of the property in the Town Of
Shenandoah
1t is further set forth in the sixth paragraph
of the proclamation that "The purpose Of the
proposed increase is, as set forth in the forego-
ing ordinance, viz, to provide for the erection
of public water works at the expense of the
borough"
Your petitioners pray to say to the court that
for the sum Of $4,000 the proposed water works
could not be erected and that, on the contrary.
it would cost over Sl5O,OOO and it is the belief of
the petitioners that its cost would be as propos-
ed nearly If not over S200,0OO
Your petitioners claim that the proceedings
had in the premises are in violation Of law
that the bal cts placed in the several ballot
boxes are illegal; that the said election was
held in violation Of law and therefore void and
of no effect that the result of the said election
so Illegally held would be to require your
petitioners to pay money in the guise of taxes
which is not due legally for any purpose to the
said Borough of Shenandoah; that the filing Of
returns Of the said election in the said court
was Illegal and without warrant Of law; that
the issuance of certificate setting forth the
number of votes cast for the purposes stated
in the proclamation hereinbefore recited, was
issued without lawful authority and is there
fore null and void; and it is further set forth
that the said election was held without au-
thority of law and contrary to the laws to
which such elections appertain.
Your petitioners therefore pray that your
Honors will permit this petition to be filed of
record in the Court Of Quarter Sessions; that
your Honors will appoint suitable time for
hearing this complaint; that your Honors will
grant a rule upon the said respondents to an
swer this complaint at such time as your Honors
may fix; that your Honors will make such
order as may be necessary TO correct the mis-
take OF the election officers of the several
wards of the said Borough OF Shenandoah in
declaring that the certificate issued for the in
crease in Indebtedness Of the Borough of Shen-
andoah is null and void; that il be decreed that
the action Of the members of the Town Council
and others associated with them was illegal
and that the petitioners be not required to pay
the tax proposed to be levied, and that the
Council Of the Borough Of Shenandoah, its tax
collectors, assessors and other officers be re-
strained from levying a tax upon your petit
tioners and upon the people Of the Borough Of
Shenandoah by virtue or by reason of the cleo
tion hereinbefore mentioned and that it be
decreed that the said election was unauthor-
lied, illegal and void and of no effect as con-
cerning any of the citizens of the Borough of
Shenandoah,
--~-asu-