The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-08-14
FOR THE CITY.
Judge Severance Denies the EIec-
trio Light Injunction.
Holds that the Bonds Were Legal
iy Authorized.

Judge Severance filed this morning
with Clerk Of Court phorne his decis-
ion in the electric light injunction
suit together with the accompanying
memorandum. The decision denies
the injunction. Following is the full
text:
This, al application on the part of
the plaintiff for temporary lnjunc-
JiOn herein restraining and enjolning
the defendants during the pending OF
this action from contracting for or IN
behalf OF the city Of MankatO, to pay
to any person, persons or corporation,
any sum OF money whatever for the
erection or construction Of any So
called lighting plant or cleo
trio light plant i'll or for said
city Of MankatO, and from pladging
the credit OF said city for any sum
whatever for any such purpose or
from creating or attempting TO create
any debt or obligation against said
city for any such purpose, and from
issuing or attempting to issue The ne
gOtlaOle bonds or any bonds OF said
city OF ManKatO in any sum whatever,
and from making sale Or attempting
TO make sale Of any such bonds to
any person or purchasers thereof
whatever, for the purpose Of raising
or procuring money or funds for the
erection or construction of any social
ed lighting plant or electric light
plant in or for said city of Mankato,
and from levying or causing to be lev
led, or attempting to levy or cause to
be levied or carried out against the
eral property in said city, subject to
taxation upon the tax lists and books
of said city, or the county of Blue
Earth, any tax for the year 1897, for
the purpose of raising, securing or
procuring money or funds with which
to erect or construct any lighting
said city of MankatO, or with which
to pay for the erection or construction
thereof or any part of the same.
The application came up on an or
der to show cause granted at the in
stance OF the plaintiff and directed to
the defendants.
The order was returnable on the
18th day of June, 1896, and the hear
ing thereof was duly postponed from
time to time until the 9th day of Au-
gust, 1896, when The same was heard.
LOrin Cray appeared for the plain
tiff and Pau & Pau appeared for
the defendants.
The order was heard in the sum-
mons, complaint, answer and reply
and the affidavit of Calvin Smith. 1t
was conceded for the purposes of their
hearing that ordinance No. 80, copy
of which is attached to plaintiffs re-
ply, was mailed, and a duly certified
copy thereof accompanied by state
ment of the vote thereon with the
names of the number voting thereon
filed in the office CT the secretary of
state as alleged in said reply, and that
the issuing of the bond proposed by
the defendant city of Mankato, will
increase the bonded Indebtedness and
create a liability on the part of said
defendant in excess of five per cent of
the assessed valuation of the taxable
property of said city of Mankato ac-
cOrding to the last preceding assess
ment, and that the issuance of the
same was not authorized by two
thirds vote of the legal voters of said
city present and voting.
Now having heard and considered
all matters and things involved in
this application, and having heard the
attorneys for the respective parties;
1t is ordered, that the PLAINTIFFS
motion for temporary Injunction
herein be and the same is denied, and
the order to show cause is discharged.