The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-10
WANT TO STOP SEWER NOTES.
THREE PARTIES SEEKING TO EN-
JOIN THEIR ISSUANCE.

Voters were Mol 4noNeu W L MS
ON TRANSFORMATIONS VIII Go
Right Along with the WOriS-Aay-
or MeIdrim Says No Good Citizen
Would Oppose the Note Issue-CitY
Attorney Adams ODiniOn-POlitfes
May BE Behind the Move.
An effort is being made TO block
the construction OF the new sewer sys-
TEN. through an application 10 the SUI
perior Court for an injunction 10 restrain
the city from issuing notes in payment for
the work.
The petition was filed in the Superior
Court yesterday by Mr.. Alexander A. Law
, renee, representing II. Karger, w. W.
Aimar and D. p. Rose. who state they
are property owners, and who apply for an
order to restrain the city from issuing
notes for the sewer work, on the ground
that such notes are illegal and that the
city has no right to issue them.
The petition states that the taxable
property in the city Of Savannah on JAN
!, 1897, was S34.76e. AS, while the bonded an
debtedness was 50, S63,eOo exceeding Z per
cent. of the taxable property
The taxable property of the city has not
Increased 10 any extent since that time
it is stated, and yet the city Is seeking TO
increase that Indebtedness by creating
new debt under the contract with Rourke
& Mitchell for the construction OF sys-
tenn of sewers for house drainage
The CITY Council has agreed, il is stated,
10 give the contractors negotiable profnis-
sorry notes for 1856, 600 to bear interest from
the date of issue and 10 extend over
period of eight years. There has been no
election to let the qualified voters OF the
city pass upon the issue.
Ii is held for these reasons that the con
tract is null and void, and contrary 10 inc
constitution of the state, as well as to the
public policy and the laws of the state,
and it is held that the City Council has
no authority to make and deliver such
notes, Ii Is held that the expense is an
extraordinary enc. and that as such 1t
should have gone before the voters
These notes, it is stated, might fall into
the hands of bona ide holders for value,
in which event there would be fastened on
the petitioners and other citizens of SaVan-
nah the payment of an Illegal debt
1t Is charged that the city is about TO
issue to the contractors notes for $4,000,
and that unless an injunction be granted
an irreparabIe injury and loss is liable TO
accrue to the petitioners. The petitioners,
1t Is stated are without remedy at law,
and they asked, therefore that the Mayor
and aldermen be restrained from making
and delivering the promissory notes, as
stated. until the further order of the court.
They also asked that the Mayor and al
dermen be called upon to show cause why
they should not be restrained from l5su-
ing such notes. In the copy OF
the order which was presented 10
him Judge Faliigant struck out
the provision for temporary restraining
order, and simply directed that they snow
cause before him next Monday, March IA,
at $3.50 o'clock, why the injunction as asked
for should not be granted.
The city officials and great many ciu-
zens were surprised at this movement.
1t was wholly unexpected and unlocked
for.There was some talk about such step
when the matter of the new house Dram
age system first came up, but IL was
thought that had been settled long ago,
and no further trouble was expected.
Mr. John Rourke, a member of the con-
tracing firm which now has the work in
charge, was seen by representative of
the Morning News last night. The petit
ton did not take him altogether by sur
prise because Of the talk which ne has
heard with regard to such movement
heretofore.
ut has been claimed for some time"
Mr.. Rourke said, THAT the notes were ille-
gal, and the banks here have refused TO
accept them on that account. We have
received only two of them so far, amount
ing to $1,000, and in realizing on these
had to give my personal notes and real
estate security besides
There have been several agents and
representatives of life insurance companies
40 see u.s. for the purpose of looking into
the matter of the purchase of these notes,
but we have not yet reached any agree
ment. We have been expecting to make
some such arrangement, however, at an
early date.
''If there is going to be any serious ques
ton with regard 10 the notes, should, of
course, like to have the court pass on the
matter. For the present we will, of
course, go right along with the work, and
] have no doubt that eventually a proper
settlement and arrangement of the mat
ter will be made. / do not know by what
the suit was inspired"
Mr.. Rourke said that the work will con-
from paying by notes. The title
to all the sewer material rests
in the contractors, and they can continue
the work in the event of the city's retire
ment as a private venture, charging fees
for connections after its completion. This
would be a big investment for the con-
tractors
Mayor Meldrim. when asked for an ex-
preston about the injunction, said he
would only say that no good citizen would
be aNparty to it,
CitysAttorney Adams has decided views
atout the injunction. He says there must
be someS Interior motive back of the ac-
ton. as only one of those asking for the
injunction IS recognized as a citizen. Mr..
Aimar lives at Thunderbolt, while the
name OF Mr.. Rose is not in the city direc-
tory Mr.. Harry Karger is the only one
of the three who is known to live in Sa-
vannah.
lit cannot be public spirit that induces
them to take such a step" Mr.. Adams
said. "They haves not the public indorse-
ment. and / think their action should
make them ashamed. Citizens with the
welfare of Savannah at heart should do
all they can to cause this shame 10 be
felt.
Mr.. Adams said any interruption in the
work just az this time would be greatly
deplored. II would cause the work of
opening up the soil TO extend through the
summer, when IL would be a menace 10