The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1895-10-11

its preparatory and accompanying ex-
penses would be held, and the plain
tiff as taxpayer dampihed thereby.
The remaining and principal ques-
ton raised by the demurrer is upon
the jurisdiction of the Court sitting in
equity to restrain the defendants from
executing the ordinance of May 21st,
1895.
The plaintiff contends that such
jurisdiction is conferred upon the
Court by the Jurisdictional Act of
1886 passed originally for Philadelphia
but subsequently extended to all the
counties in the State; lnasmuch as the
ordinance was an unlawful exercise of
power and injurious to public and in.
dividual rights.
We are thus lead to inquire wheth.
er the ordinance and the proceedings
under it, actual and contemplated, are
authorized by the 9Th Section of the
9th Article of the State Constitution,
and by the enforcing Acts of April
2oth, 1874, p. l.. page 65, and 9th OF
June, 1891, P. L. page s5s.
The Constitutional provision for.
bidding municipal debt beyond two
per cent. upon the assessed value oI
property in a municipality-witbou,
the express assent of the voters there
of, at public election implies that .
distinct and separate vote shall bt
taken upon the proposed increase, and
does not authorize the blending oI
other subjects or questions with sucf
increase in the vote to be taken.
And still more clearly do the Act
of 1874 and 1891, bar the intrusion o
other questions beside debt increas,
into the popular vote.
The form of ticket to be voted a
the election is carefully prescribed b.
the Act Of 1891, and to prescribe it a
mandatory was apparently the mail
object of that supplementary enact
ment. The Act provides that tn,
tickets voted shall be "labeled on tn
outside" "increase the debt" and con
tanning on the inside the words emo in
crease of debt" or "debt may be in
creased; also briefly, the purpose an,
amount of increase, SO that each vote
shall have distinctly before him at tn
time Of voting, accurate informatio
of the amount and object of the in
creased Indebtedness to be sanctione,
by his vote.
Again the 5th Section of the Act O
1874, having very plainly defined tn
word Indebtedness as used in tn
Act, as including, "all and all man
ner of debt as well floating as funded
of the municipality" and providln
for certain deductions therefrom c
available means Of payment, in orde
to fix the true amount of existin
debt, when an increase thereof is pro
posed, in its third Section (reenacte,
in IS9D requires, that the notice t.
electors, "shall contain statement
"of the amount of the last assessed
valuation, Of the amount of the
existing debt, of the amount and
percentage of the proposed increase,
"and of the purposes for which the
Indebtedness is to be increased.
No language could more clearly ex
clude from the election notice, an,
from the election vote any question
not relating to new, future deb,
as submissible for popular decisio
under the law.
And again, it is evident that unde
the third and other sections of tn
Act of 1874, the authorities of n
municipality have power conferre
upon them to submit to popula
vote any question of assent or dissent
to their proceedings actual or pre-
posed except the single one of in
creasing the public debt of the mum
cipality, as defined and provided fo
by that Act.
But 1t is equally plain that th
ordinance, notice to electors, an
| SiSSoh tSAStS Pio'iuCu loI, luClullt
no less than $Io,soo,oo of existing
debt, as part of the increase of deb
to be voted upon at the election.
In other words, four or five sepa
rable, distinct questions, in part au
thorzed and in part unauthorized b
law, are jumblei together for singl
affirmative or negative vote of tn
Electors Of the Town.
A bond issue is to be sanctioned b
them to redeem outstanding Tow
orders. the Ringrose judgment ex
penses, to provide an electric ligh
plant, and to open two streets name,
respectively North and Jefferson. l
is fair if not necessary conclusion
that an ordinance which lets loos
upon the voters ofthe town of Blooms
<saEIIIN