The Providence news. (Providence [R.I.]) 1891-1906, 1897-01-16
He LOST.
Decision Against
MCAlecr.
Brought Suit Against
North Providence
To Recover for Stone Fur
niShed for Highways.
Town on Demurrer Claimed Debt
Limit Had Been Reached.
And That Bill Could Not BE Collected.
Court Sustained Demurrer.
To Recover for Stone Fur
niShed for Highways.
Town on Demurrer Claimed Debt
Limit Had Been Reached.
And That Bill Could Not BE Collected.
Court Sustained Demurrer.

-..The decision of the Appellate Court In
the case OF Michael +. McAleer vs. FRANK
e. Angel town treasurer of North Provi-
dence is In favor Of the latter. Inc
opinion of the court which was written
by Judge Tilinghast Is q long ana ex-
haustive review of the law in regard to
municipal indebtedness.
The plaintiff sued to recover the sum
of sl72. so for certain stone furnished to
the town OF North Providence ior nign,
way purpose. In addition TO the general
issue the defendant filed q special plea
in bar, in which ne set up that the plain
tin oug ht not to have and maintain mis-
action because at the time OF contracting
said oebt the town had incurred uepts 10
the limit allowed by law, and Also that
there was no money in the hands OF tne
defendant town treasurer at that time,
nor has there been sny time since then
with which said debt could have peen
10 this plea the plaintiff demurred on
the grounds that 1t vas duplcity 7,
that the fact that the town had reacneo
it's debt limit Is not good defence. Pc
cause the cuty Of the town 10 keep lts
highways in repair is a statutory one and
Is not suspended by reason OF the fact
that the town had reached It's dept nmlt
and because. ss the town council OF SAID
town. on October %. 1894, sllowed the
plaipt,ff's claim and ordered 1t paid, the
Town Is estopped from denying the va
licity thereof.
The court overrules the demurrer ano
the case 10 sent back to the comm on
pleas division. The plea as to dupiicly
the court rejects on the ground that while
the town might have reached lts ueDt
limit still there might be money In the
treasury at that time which had peen
specially set apart for the payment OIL
Claims like the one in this suit; ano u
the town had the means in its treasury &c
meot this In de bted ness. or would have II
in anticipation of Its current revenue'the
contracting OF the liability, even though
the town then was up to It's oept unit,
would not be a violation Of the statute.
In regsrd to the second ground OF de-
murrer the court holds 1t 10 clearly un,
tenaDle, as there Is nothing on the RECORD
TO show that the stone In question was
procured for the purpose of making
necessary repairs on the higwhays. The
bill sued on simply shows at the mos'
] that the stone was intended TO be used on
| the highways, tut for what purpose does
| not appear. But even assuming that u
was to be used in repairing the high
ways, yet We do not see that under IN
| facts set up in the plea, the town Is naol'
| therefore. Ii is, however, with wha
might be called the latter part OF the sec
ond ground OF demurrer that the cOur
| gives most attention to in the opinion
| and the different provisions OF our sta
| rutos are cited which provides that m
| town shall incur any debt in excess o
| three per cent of the taxable property o
the town. The fact that the towi
| of North Providence was giveI
| authority by the general assem-
| bIy 10 iucurr debt not in exces
| of five per cent OF its taxable property l
also noted. The language OF the acts O
the General Assembly 10 held TO b
plaiu and comprehensive. The town set
| ting up it's plea the court says that II
| limit wss reached at the time the debt u
suit was incurred, and the demurrer sd
! mitting the truth thereof as the cas-
| stands on the record the defendant tow
was-inFdebt to the extent of at least iv
per cent Of all it's taxable property at tn
| time this obligation was sought TO b
incurred. Not even IL the highways wer
not in proper condition does the court sc
how tne town had any authority to incu
any Indebtedness in excess ,ot .tbe sfors
said limit and constitutional or statutor
Iimftatit ms are held to be strictly coz
strued and all contracts made In violi
| tion of these are absolutely null and voiC
| la regard to the third ground that OF tf
| debt having been ordered paid, the coul
| holds tnat it mas been decided over al
over again that persons dealing with
| municipal corporation or It's ON GERS al
bound at their peril 10 inquire into IL
power Of the municipality or its agents
make the contract.
The incident that led to the SUI
resulted from some notable differences
political circles i'm North Providence.