The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-03-27

lawyers for the respective sides, but on Sat
urday it was up before Judges Bechtel and
Wiedmau at Pottsville aEd all the arguments
for and against the injunction asked for
weps made. The Judges cook the papers and
the next step will he their decision.
The case is based upon an application by
the water company Cor an injunction against
the borough and the contractors, prohibiting
the construction of the proposed water works;
that the court declare that the certificates
issued under the special election of last June
for the increase of Indebtedness of the
borough are nuu and void; that it be decreed
that the action Of the Town Council 0nd
i,others associated with it was wholly illegal,
and that the petitioners he not required to
pay the tax proposed to be levied, and that
the Council of Shenandoah, its tax collectors,
assessors, and other officers be restrained from
levying tax upon the petitioners and upon
people by virtue of the special election; and
alss that it be decreed that the election was
unauthorized, illegal and void and of no
effect concerning any of the citizens of the
borough
When the case was up for argument Satur.
day six lawyers appeared, A. w. Schalck,
George j Wadiinger aud J. H. Pomeroy,
Esqs for the borough and d. @. Henning,
John w. Ryon and S. q. NJ. Hollopeter, Esqs.,
for the water company, The arguments
lasted about two hours and all the lawyers
had something to say on points in the case.
In behalf of the borough it was contended.
mainly, that there is no Act of Assembly
authorizing the Court of Quarter Sessions or
the Court of Common Pleas to take cogni.
zanee of contest on an election held to in.
crease the bcrOughs indebtedness.
The main points raised by the water com
pany were that if its proceedings to declare
the special election null and void could not
be recognized by the courts, then the com
pany had also filed bill in equity and that
till should be sufficient, for the reason that if
there is no law governing such contests as the
one in question, then the court of equity
should afford relief. Equity, it was main
-aiued, owing to its uniyersality, is deficient;
aud therefore the company has appealed to
the equity Of the court
IL Vas d4Hu lAlalildluGu III Dtudll uI lit
that he water works could not be
for 100000 or for any amount
near that figure and that the specifications
for the erection of the water works were so
loosely drawn up ive-horse team could be
driven through them. 1t was further con. !
tended that the proclamation passed to bring |
on the special election did not set forth |
true state of facts and was misleading; that !
instead Of the last assessed valuation of the
town being correctly stated it exaggerated
hem; the proclamation set forth that the
ast assessed valuation was 100000, while
i was really only Sl,s0O,OOO
In closing the lawyers of the company
maintained that the election should have
'een held under the old law, while in this
Instance it was held under the B lker ballot
aw, and that law did not repeal the former
avs relating to the increase of indebtedness
y bOroughs, and therefore the special cleo
ion should have been held under the old
aw.