The Providence news. (Providence [R.I.]) 1891-1906, 1898-02-09
Appellate Court Decides
II Can Be Built.
THE DEBT OF THE TOWN
Held Not to Exceed Statutory Limit
of Three Per Cent.
A LONG CONTROVERSY ENDED.


ticn asked for by Patrick E. kegsn, Joseph nj
Nelson, William K. Broadhent and other tax
payers OF the town OF Lincoln against Alfret
L. sherman, town treasurer, and others U
prcvent the latter from spending $4,000 OF
the purchase of = site for and the erection o
N town house. The main point raised 10y
those opposed 20 the erection OF town mouse
was the town had exceeded the statutory limit
of Indebtedness in appropriating the Sio'ooo
but one of the chief objections TO the propose
tion was the intended location.
The opinion of the court, which was written
by Chief Justice Matteson, recites the facts
ard then says: "The testimony shows that
on September 2, 1897, when the town meeting
was held. the floating Indebtedness OF the
town was sl23, 500 and its bonded Indebtedness
was sdi, ,iSO. making total OF SlSi.osO The
valuation Of the property in the town from It's
tax for the fiscal year 1878 was S,sD,0So'
three per cent of which amounts 70 lls,'s0 W.
The excess Of indebtedness OF the town over
the three per cent on It's valuation on Septem'
Der 2, 1881, was therefore $4,000.
1.-THE assessment OF the tax for the fiscal
year 1878, made in August, 1897 amounted TO
s43,9l9.4s. Besides this tax the income OF the
town for the year from liquor LENSES and
other sources amounted approximately TO 5000.
The appropriation made at the annual meet
ing in June 1897, amounted 10 5l2is.7O, which
covered the entire receipts Of tho town for the
fiscal year.
the division of the town Of Lincoln. by which
the city OF Central Falls was created there
had been expended by the town for sewers in
the present town 5000. and since that date
aoxf a f4,,x nj ~
also appears that $4,000 of the sl23,JOo of the
floating indebtedness of the town on septem-
Der 2, 1897 was represented by note Of that
amount, which had been given TO raise money
for current expenses OF the town and was TO
be paid out OF the annual tax as it was COM
pleted.
The respondents refer to Public Laws, Il. l.,
Chap. l3,a42, of June X, 1894, sec. l which en-
acts that "The town of Lincoln is hereby ex-
empted from the provisions of sec. IL, chap.
"a OF the public statutes. in so far as its es-
mt indebtedness and the amount which has
been and may be expended for public sewers
L. concerned Public stat. Il. l., chap. l82,
sec. /. was precisely like Gen. Laws, II. l.,
chap. 80, sec. 81. except that il did not con-
tain the words without special statutory au
thority therefor and was repealed by Gen.
Laws. II. l., chap. 29s, sec. l2l, but by Sec 3
Of chap. 29s it is provided that the repeal Of
the acts referred TO or enumerated in the
chapter shall not affect any right accraing
or established" The respondents contend
that by reason OF these statutory provisions
there should be deducted from the indebted
ness the town, in ascertaining whether II has
exceeded the limit Of Indebtedness allowed
by law, its bonded indebtedness S6i, ,l8O ana
the smount expended for sewers sl3,llIss,
making total Of s7i2 321. SO and also the $4,000
note given for current expenses, the payment
Of which is provided for by the tax for the
current year, which added 10 the s7t,32i ss,
makes $ss, SO; that deducting this sum from
$l23, 600 the total indebtedness on Sept 2, 1897,
and the balance is 81, l7s i2 that as three per
cent Of the valuation OF the town for the cur
rent fiscal year. TO wit, $685., $780, amounts to
$ll9, 7so.4o, it is apparent that the town has
not exceeded the statutory limit in it's resolu-
tion sppropriating the $4,000 in question.
We think that these contentious Of the re-
spondcnts are correct. Tie right Of the town
20 meet its bonded indebtness and expenditures
for sewers as exempt from the operation OF
the statute, IN computing its Indebtedness for
the purpose Of sscertaining Lwhether il was
within the limit prescribed by Gen. Laws, II. |
l., pap. 36 sec. II, was preserved TO IL by
Gen. Laws. II. j, pap. 2aS, sec. three; and the
note OF $4,000 given for current expenses,
provision for the payment of which was made
out of the annual tax was properly deducted
Read VS.. Atlantic City, ~, N. j.. L. S. Nc
Aleer VS.. Angel, 10 RI
''We are OF the opinion, therefore, that the
bill should be dismissed