The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1894-09-12

A voluminous petition was fled in the
Office of Clerk ofthe Courts Seaton last week
in which the Village of Kent is the plaintiff
and the Dithridge & Smith Cut Glass Co.
and A. J. Smith are defendants.
The pleading, after reciting the corporate
existence of the village of Kent, with a pop
ulation in 1880 of not more than 1920, nor
less than $500, and making the allegation
that the defendant Glass Co. is a corporation
organized under the laws of the State of
West Virginia, gives an epitomized history
of the bonding of the Metropolis for pur-
poses of making improvements, by which, as
everybody is aware, was meant the giving of
public bonuses to induce manufacturing con-
Germs to locate in the village. Referring to
the legislation preceding the issuing of the
bonds. the petition says: 81 Said act. found
in Ohio laws, Vol. SS, pages 326 and 327, pre-
tended to authorize the village Council of
the plaintiff to issue the bonds of the plain
tiff to the amonnt of 100000, 81 = when
two-thirds of those voting voted in favor
thereof" The petition then proceeds to re-
cite the fact of the necessary two-thirds ma
jority having been obtained at the vote, and
the issuing of village bonds to the amount of
$50, 900, with per cent. interest, payable
semi-annually, under said pretended author
ity. The purchase of a tract of land from
Marvin Kent is then recited, for which the
sum of $4,000 was paid out of the proceeds
of said sale of bonds.
The attention of the Court is next called to
the ordinance passed by the village council,
=" pretending to authorize the. Mayor and
Clerk OF said Village to enter into contract
with the defendant, Z. d. Dithrldge, pro-
viding for the conveyance of acres of this
land to him. or to an incorporate company
thereafter to be formed, and for the payment
OF S45, 900 out of the money arising from the
sale of bonds hereinbefore mentioned"
Plaintiff says further, that written con-
tract was executed between the plaintiff and
said E. ID. Dithridge, Sept. 49,, 1892, in pur-
suance of said ordinance, whereby it was
attempted to bind the plaintiff to convey to
the said E. d. Dithridge or to an incorporate
company thereafter to be formed, acres of
this land, )" and to pay into the hands of a
trustee $40, 900, to be in turn paid to Dlthridge
-one-third when the foundation of the glass
factory structure should be completed, one
third when the roofs were on the same and
one-third when the buildings were complete
and250 operatives were actually employed in
the works and the same had been in opera
ton 60 days. On the other side Dithridge
agreed to organize a joint stock company,
WIN q capital STOCK OF S1OU,UUU, WIN DOna-
fide subscribers, to manufacture high grade
cut glass and other fine goods of glass ware,
to erect the necessary buildings therefor
within 80 days; to employ 250 hands, two
thirds of whom were.to be skilled operatives,
to continue their business with no diminu-
ton of numbers, permanently, in Kent.
The land was conveyed to Dithridge, who
in turn conveyed it to the company, which
latter act the plaintiff calls = pretended
conveyance, without any consideration, ''and
the Sac, 900 was paid to defendants in install
mentS of S15, ZOO. Plaintiff then charges the
Co. with having used substantially if not all
in constructing their buildings, ,sand that the
Village received no consideration therefor,
and that the entire proceedings are uncOn-
stitutional and void.
The petitioners fnrther represent that the
Glass Co. failed to carry out its agreement in
any particular; that they have not employ
ed 250, 125, or any other number of men con-
| tinuously in operating said works." which
| have been unused and idle since last June,
and that, since the execution of the contract
in September, 1892, the plant has been ope-
rated only about 60 days. The further allie
| cation is made that none of the $150,000 cap
ital stock has ever been paid in g as plaintiff
is informed and believes" and that the de-
| fendant has no means or property of any
kind except its pretended interest in said real
estate and factory buildings, being otherwise
| wholly insolvent, and that defendant Smith
has no means within reach of the process OF
this COURT The petitioners say they feal
that defendants are about to sell or mortgage
and cucumber the property, and take the
proceeds thereof beyond the jurisdiction Of
! this court and convert the same to their owr
use.
The prayer of plaintiff is that the "pre
tended deed of conveyance be set aside anG
defendants be compelled todeed the proper
ty back to Kent Village that plaintiff have
Judgment against defendants for Sol 900 with
interest, or that account be taken of the
amount so wrongfully and unlawfully dona
ted and declared the first lien against tht
property, which they ask to be sold to satisfy
said lien of SOL, 600. Plaintiff asks for re
straining order enjoining defendants from
selling or otherwise incumbering the prop
erty. NJ: A. Norris appears on the petition
as plaintiffs attorney.