The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1894-01-10
10 ne Honorable. ne Judge, Of said Court.

| To he Honorable ne Jadges Of said Court;
Your Orators complain and say That,
/ They are citizens of the United States,
| residing a. Somerset, in said County OF som
eIset
n Ibat the sald Wm. II. We.fey, Bur
gess by o.der Of the Town Council Of the
| Roroiigh OF Somerset, has advertised as your
Orators believe in violation If his duty and
in violation Of law, fOr " proposals for the
construction Of 8 system OF public water
works for Somerset Borough mp until Satur-
eay evening, January 8, at 7;l5 p. M
III That the said Burgess, by order Of
the Town Council, ordered an election 70 be
held on Saturday, the l9lh Of December, A.
d 1891. in order 10 get the consent of the
electors Of sad borough to an increase Of
the indebtedness of said borough for the
purpose OF constructing = system OF water
works and of providing supply of water
Tor the Use OF The said Borough and The in
habitanis thereof.
". That IN said Election No ice " the
Indebtedness of the borough was not set
forth as required by the Act OF Assembly,
but in said Election Notice it was errone-
ously stated thar said indebtedness was
"nOthing-"
Y. T5at the election he'd under said
Election Notice was illegal.
VI That at said election large number
Of persons voted TO increase the deot Of
said borough FOR the purpose OF construct
ing a sysiem Of water works and Of proSId-
ing a supply of water for the use OF S1mer-
sci borough snd its inhabitants who were
not legally entitled 10 vote at said election
for the reason that they had not resided in
the borough the length OF time required TO
entiils them to vote on municipal Affairs
had not paid borough tax had not paid 4
auw N No rs1zf-
dents: who were non registered and who
did not fiie requisite proofs.
VII. That no return { said elaction was
made to the Clerk OF Quarter Sessions and
by him laid btfJre the Count and the votes
counted by the Court as IS required BY the
Act Of Assembly.
VII Thst the Burgess and Town COun-
ell propose TO erec; water works by the
pumping system but when the subject
was voted upon the " "gravitation system
was the only one before the people; and II
said election was legal tae electors voted for
the graviiation system and not Tor the
pumping system.
TX That the wells now drilled will not
supply the borough and its inhabitants with
water.
X. The water pumped from the wells
now drilled IS not of the quality or quantity
REQUIRED to supply the Inhabitants of the
borough with pure or healthy water.
Xl That if the pumping of the present
drilled wells to supply the borough with VS.
ter i allowed then the wells of the west end
Of town xii. be drained OF their supply Of
water and the property owners OF that sec
ton will suffer irTepareble loss.
XII. That the cost TO the borough TO sup
DIV water by the pumping system from
drilled wells will be bGrdensome 10 the tax
pavsrs and will be cruelty unjust to that
portion of the taxpayers who will receive no
benefit.
YoVr Orators therefore pray;
That the Burgess and Town Council
of Somerset borongh, the defendants. Clerk
or employes. be enjoined by order and in
junction Of this Court from letting the con-
tract 10 construct system of water works
for Somerset borough and the inhabitants
thereof
2 That the Burgess and Town Council
of Somerset borough be eDjoined BY an or
der OF this Court from issuing any bonds OF
the borough under the election held on the
i9;h day Of December. A ID 1891, FOR the
purpose OF constructing wster works
s That the defendants be ordered TO pay
she costs Of pfoceedings-
4 Thai such other and further relief be
Granted 20 the Plaintiffs as the nature Of the
case requires and 10 your Honors shall seem
meet
.SomeTses County s.
Persooslly appeared before the updersien.
cd, Pr0thonotzry Of said County, John A.