The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-15
NOT A BONA FIDE PROCEEDING.
CITY's ANSWER TO THE SEWER
INJUNCTION SUIT.

Hearing Postponed Until Next Satur-
day at Mr.. Adams Request-BOth
of the Contractors VIII be sum-
mOned-Suit Said to Have Been
Brought for Others Than the Com
pIainants-Mr. Lawrence's Side of
the Case.
At the request of Mr.. Samuel B. Adams,
representing the city, the hearing Of the
petition for injunction brought by II. Kar-
ger, w. w. Aimar and D. p. Rose to re-
strain the city from issuing notes to pay for
the new house drainage system now being
put in by Rourke, Mitchell Co., was
postponed by Judge Fauigart until next
Saturday,
There were two or three reasons which
necessilated a postponement. MIR. Adams
has been quite busily engaged in other
court work for several days, and then
there was a murder case assigned for trial
in the Superior Court at 10 o'clock, which
would have given the court only half an
hour for the hearing of the injunction pro-
ceeding. For these reasons Judge Fali-
Sdtil pOSlDOueQ tne nearing.
Mr.. Adams, however, filed an answer to
the suit for the Mayor and Aldermen, in
which he took the ground that the COM
plainants do not show their cause of ac-
ton in their petition. 1t was held in the
second place that proper parties defendant
are not before the court in that the al
legged contractors are not parties TO the
proceeding, and In their absence the relief
prayed for cannot be granted. 1t is fuTth-
er stated that the compliments are not
entitled to the relief prayed for, as viii
more fully appear by the proof to he SUBJ
mitted 70 the court.
The fourth paragraph of the answer up
on which the city will base in great MEAS
ure, its defense, as stated by MIR. Adams
before the court, says: The
suit is not bona fide and is not brought by
the complainants for themselves or in
their own interest, or for the purpose men
toned in the petition"
In other words il is claimed that some
body else besides the claimants mentioned
is back of the proceeding, because 1t is
known that the compliments who appear
on the face of the petition have no large
interests involved.
MIR. Adams requested the court to have
both of the contractors summoned as wit
nesses at the hearing on Saturday, which
will be DONE
Mr.. A. A. Lawrence, attorney for the
petitioners, was asked about the report
current to the effect that the sewer con-
tractors are back of the petitioners.
IF such is the case" he said, "the pc
titioners have not informed me. I do not
think it can be true. Such statements
are impertinent and must be based upon
conjecture. The motive of the petitioners
is in my judgment praiseworthy They >dc
not seek to enjoin the system of house
drainage; their object is to arrest the
creation of an Illegal debt. In this they
are encouraged by the courts of highest
authority, who declare it is the duty as
well as the right of the citizen or tax payer
TO apply TO court of equity to enjoiu q
municipal corporation when 1t Is proceed
ing in excess OF its powers
Mr.. Rose and his associates say to the
Mayor and aldermen, 1--WE have allowed
you to go further than the law permits
you to co. we find in our private CONNER
cial relations that 1t is better to pay as We
go. and we believe that business princi-
pies should be applied to public as wei
as private enterprises. We have property
! in this town and the taxes eat up oul
rents; we want the taxes reduced so the
| property we have accumulated can be-
come productive. We are determined
| that no new debts shall be made. Let us
| pay up the old ones that have been accu-
| mulating for half a century. If we are
| to have house drainage, let us pay for Il
| and get done with IL; we are willing q
| contribute our share. If we pay as we
| go we will know what we are doing; il
we run bills there is no limit to our ex
| travasance; it is so easy to buy on credit
| The notes you are seeking to issue hav,
| been outlawed; the obligations of our towr
are being hawked about; too poor an in
| vestment for people to risk their money
upon A war. or an epidemic, and w.
can't pay the interest and Savannah will
| become a taxing district We have cleo
| ted City Council after City Council. anC
each has its own peculiar fad of deb
making. We are going to stop it. TIL,
law shall not be violated, and we will no
have the credit of our city tampereC
| with"
| GUARDS RECRUITING RApIOIX