The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-01

In an amended bill in the equity suit
OF the Delaware, Lackawanna ano
Western company against the school
board of Lackawanna township. filed
yesterday by Willard, Warren &
Knapp, an attack is made on the regu-
larity of the recent issue OF $4,000
worth of improvement bonds, and petf
ton made to have them declared In
valid.
The action Of the board In authoriz-
ing the issue was first attacked, be-
cause 1t would increase the districts
debt to $21 900, which Is far in excess os
the constitutional limit OF two per cent.
of the assessed valuation. The amend
ment complains of the bonds them
selves, and the complaint Is couched in
no uncertain terms. The meat of it Is
contained in these three paragraphs:
Scyenth-Your complainant further alleges that
the said defendants in attempting to dispose OF
the said bond issue have illegally turned the
same over to the attorney Of the board and de.
puted to him the power OF determining to whom
and upon what terms the said bonds should be
sold; that no advertisements were made by the
said attorney or by the said school board for the
sale OF said bonds and that the same were not
sold in the open market, but were sold AZ pri
Natc SAFE Dy tne Salu attorney Illegally anu III
violation OF the law, and the said Lackawanna
township school district did not receive Tor the
| said bonds as large a price as would have been
| received il the same were advertised and sold in
the open market.
Eighth-Your complainant further alleges that
the action Of the defendants in connection with
said bond issue is not only illegal for the rca.
sons hereinbeiore stated, but it is also iraudu-
lent toward ,ne taxpayers OF said district No
ty pY ISIS " gitph NJ M pl l-
ness, no new school buildings are required to
meet the needs or demands Of said district at
this time, and it is alleged that the proceeds Of
| said bonds will not be used for the purpose Of
said district in carrying a system Of cduca.
tion by common schools, but it will be used.
and is intended by said defendants to be used
| in fraudulent and corrupt manner for the pur-
chase at an e1orbtant price OF real estate, which
Is entirely unnecessary for any reasonable pur-
poses Of said school district; the said district
| having at this time more land than 1t actually
| needs for the purpose Of site for school build
| ing. and Is advertising unimprovcd land pur.
chased for school house site for sale. The site
| proposed to be purchased by the school board
| with the funds derived from the sale OF said
| bonds being tract Of two lots situated only
about three hundred $500 feet from the present
| school house in the district, which said school
| building is entirely adequate to the needs Of said
school district
Ninth-Your complainant further alleges that
the said defendants by their attorney having sold
the said bonds. and the said issue Of bonds and
the sale thereof being entirely and wholly un-
warranted and illegal, the said defendants are
about to levy a tax to provide a sinking fund
| for the payment OF said bonds so issued file.
gally as aforesaid, and IL the said school district
| is permitted to use the said money derived from
| the sale Of said bonds and to levy and collect
taxes for the payment thereof the plaintiff and
other taxpayers Of said school district will suffer
great and irreparable wrong and injury in that
| their school taxes will be greatly increased to
pay off illegal unnecessary and fraudulent cx.
penditures.
| The petition prays for an Injunction
restraining the defendants from buy.
ing the lots in question, or paying out
any of the funds received from the sale
Of the bonds for any purpose whatso-
ever, and compelling them to recall the
bonds and ret1rn the money received
for them