The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-07-19

chase real estate and the equipment
of plant to furnish light for the Sid
town, and to pay the expenses Incl.
dent to the opening of Jefferson street
and North street. ordained to be
opened by previous councils, and for
obtaining consent of the electors of
said municipality thereto" copy of
which ordinance is hereto attached
marked Exhibit A." and which the
Plaintiff prays may be taken as
part of this bill.
FoURTH-That in pursuance of
said ordinance public notice has been
given of an election to be held in
the several election districts of said
Town on Tuesday, July 10th, 1896,
at which election the qualified cleo
tors of the Town may vote for or
against the increase of the bonded
indebtedness of said Town, as pro.
posed in said ordinance, true copy
of which notice is hereto attached and
marked Exhibit b. which exhibit
the Plaintiff prays may be taken as @
part OF this bill =; and that the election
officers in the several election districts
of said Town, above named, intend
to hold said election pursuant to SAID
ordinance and notice and make re.
turns Of the same, and that the Prcsl
dent and members of the Town Coun-
Gil, Defendants above named, intend
to prepare and distribute printed
tickets for said election, and blanks
to the election officers, and otherwise
incur expenses for said election, to be
paid by the said Town, and they in
tend also, in case an affirmative vote
by majority of said electors at said
election, to carry their aforesaid ordi
rance into complete execution.
FIFrH-That the ordinance OF the
Council and the notice to electors
above mentioned, combining for a
single vote of assent or disapproval
by the electors at the election, of a
large amount of existing Indebtedness
of the Town, and a new debt for
electric light works to be owned by
the Town together with certain
street indebtedness Of uncertain
amount, in part existing and in part
prospective, under pretense of OBJ
tanning electoral assent to an increase
of debt, is unwarranted in law and is
an unreasonable, unfair and mislead-
ing exercise of authority by the Coun-
Gil.
SIxTH-That the intended purpose
and certain effect of the submission
to the electors by the ordinance and
notice was to secure for the new in
crease of debt large number of
votes from persons holding Town or
ders and other demands against the
Town, as we'll as of the citizens
generally interested in reducing rates
Of interest upon existing indebtedness.
and thus prevent fair election upon
the question of increase for an electric
light investment by the Town.
Wherefore, because the Plaintiff
and other taxpayers of the said Town
have no adequate remedy at law, and
will be greatly damnifed by the exc
cution of said ordinance, prays for
equitable relief as follows:
That the president and the
several members of the Town Council
of the Town of Bloomsburg be enjoin-
ed from preparing or distributing any
tickets to electors or blanks to the
election officers of said Town at the
proposed election to be held therein
on Tuesday next, and from otherwise
incurring any expense for said election
to be paid by said Town, and also
from carrying their said ordinance Of
May aIst, 1895, into execution,
2. That the several election officer:
of the Town of Bloomsburg, Defend
ants in this suit, be enloined from
holding the said proposed election or
Tuesday next, or doing any act, mat
ter or thing in relation thereto withou
the further order of the court,
z. For such other and further re
, lief as to your Honors may seem fl
and proper.
Mr.. Buckalew made long anC
able argument in support of tine bill
and was followed by Fred Ikeler, alsc
; for the bill. Mr.. Scarlet addresset
the court on behalf of the town. II,
contended that the bill was defective
| in that no sufficient bond accom-
panied it; the proper parties wer,
= not joined in the bill the bill was no
z filed in good faith; the court had mt
jurisdiction over the subject matter
and cited numerous authorities in sup
E port of his position. His speech oc
, cupied two hours. Col. Freeze clos
r ed for the plaintiff, and Judge Ikele
h then rendered the following decision
And now July IS, 1895, after hc7r
{ ing in open Court the preliminar
I, injunction heretofore granted is cor
n tinued until final hearing or lurthe
e order of this Court.
.fl Al. 4