Belding banner. (Belding, Mich.) 1889-1918, 1900-05-17

Attorneys DO Not Quite Agree hut All
Say Go Ahead.

Attorneys do Not Quite Agree hut All
Say Go Ahead.
The citizens meeting at the opera
house last Thursday evening was not
as largely attended as 1t should have
been. No particular action was taken
beyond listening to the committee re-
ports and discussing same.
The committee OF attorneys, consist
ing OF |. l.. Hubbell, III. l.. Van Ben
schoten and Dwight Sheldon, which
was appointed to investigate the legal
method OF bonding the city, presented
lengthy report signed by the two last
named, Mr.. Hubbell being out of town,
the conclusion OF which was as follows:
"Your committee regretsits inability
TO present some plan that it can guar
antee as absolutely binding and legal
beyond the question OF doubt; but after
fully considering the matter would beg
leave to offer the following opinion.
First, that the bonds OF the city given
for the purpose of purchasing lands for
water works would offer the quickest
plan OF deciding the matter, and that
in such an events becoming successful
it would be well to place the money
derived from the sale of bonds at inter-
est, safely secured, using the interest
derived therefrom TO pay the taxes on
said factory and applying the residue,
IL any, towards the payment OF the in
terest on said bonds, leaving the prin-
cipal intact for the purpose OF liauidat-
ing said bonded Indebtedness at its
maturity. Second, should any proceed
ings be taken it is recommended by
this committee that the promoters give
some security or guarantee that the
enterprise will be consummated and
continued for the period designated. ;"
Mr.. Hubbell has since filed supple
mentary report in which he takes a
somewhat different view. He says:
IF by act OF the Common Council
they deem it expedient to purchase ten
(l0) acres OF land as lands for water
works purposes and deem an expendi-
ture of $4,000 as the amount TO be ex-
pended therefor reasonable amount
and submit this proposition to the
electors of the said city in legal and
lawful manner, then / believe If the
proposition carries at such election no
court of equity could question or set
aside the official action of said common
council.
SIN my opinion the bonds should issue
and the purchase be made OF the lands,
such lands being decided to the city at
which time this particular transaction
becomes closed fully. The simple fact
that to those to whom the $4,000 is
paid see fit TO place this sum of money
in the hands of trustees for the benefit
of the city and to be turned over to it
contingents solely upon the question of
the payment OF certain taxes which
may in the future be assessed on a
designated piece of property should in
no way vitiate the water works bonds.
In fact, should any tax payer see fit TO
question the action of the city, it would
be necessary for him first to show to
the court some injury suffered or dam
age sustained by reason of the proposed
proceeding, and in this particular case
] believe II ii were possible for court
of equity to overturn the action OF the
people and the force and effect OF the
Charter, he would have no standing In
court by reason of no damage having
been suffered"