The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-07-20
LIGHTING BILLS HELD UP
Municipal League Secures an ~ Inc.
ton Against Payment to Gen
eral Electric Companv.

John Powers, NJ. G. O.Malley and r s
fuertado, representing the municipal lea
que of this city, brought suit against the
CITY OF Butte and all of the officers TODAY
to prevent the payment of SIG, 7S6. 6S from
the funds sof the city to the Butte Gem
eral Electric company for it's street
Ashting service. The defendants fncI1de
the mayor, sixteen alderman, city. clerk
and city treasurer, all of whom have
been restrained by the district court from
paying the electric company the money
Or any portion of it pending the hear
ing of an order to show cause why the
restraining order should not be made per-
manent.
After reciting the fact that the officers
defendant We're elected to the positions
they are holding; that w. X. Quarles was
appointed city clerk and that the city
was incorporated in April in 1879 and re-
Incorporated April H. 1888, the complaint,
prepared by Attorney Charles NJ. Parr,
states that no town, township or school
district Of the state has or ever had IN
der the laws of the state, power or au-
thority by ordinance. contract or other
wise to become indebted for any purpose
to an amount exceeding per centum of
the value of the taxable property within
the limits of a city, town, township or
school district; that on or about October
4, 1889, the total Indebtedness of the city
of Butte was sass. 60995, which included a
bonded Indebtedness of $4,000 and a
floating Indebtedness of about $44S, $50 95
in city warrants outstanding and unpaid;
that at regular meeting of the city
council held October 4, 1899, the city
awarded to the Butte General Electric
company a ten years contract for fur
nishing $50 arc electric lights for, it's
streets at $132 per year each or $11 per
month for each light, and the company
agreed that SO long as it was the only
company furnishing light and power in
Butte it would pay the city one per cent
of its gross receipts; that January 2, 1901,
the company paid the city $3,03227,
which was one per cent Of the gross re-
ceipts.
The league plaintiffs further state that
at the time the city awarded the cleo
trio company the contract the indebted
ness of the city was in excess of per
cent of the value of the taxable property
of Butte, to the extent of about $11S,3Sl.
3; that the city council exceeded its au-
thority in awarding said contract and
that the contract is and always was void
and of no force or effect.
Inc pldlullAS dlAcSc Iudt Tic may
council, clerk and the city have issued
warrants in payment for light furnished
under the terms of the contract, said
warrants aggregating the sum Of $685.
1868; that these warrants are outstand-
ing and unpaid, were issued at time
when the Indebtedness of the city in ex-
cess of a 3 per centum of the value of
the taxable property according to the
last assessment previous to the date of
mourning such Indebtedness. and are
therefore void. a rs
It is claimed that the warrants are to
be paid on or about the last of July and
that the defendants will issue. each
month hereafter until October. 1909. addi-
tional city warrants for about $3.50 on
! the void contract, all to the great dam
age and irreparable injury of the, plain
tiffs and all other taxpayers of the city
The plaintiffs ask the court to declare
| the contract null and void and prohibit
| the defendant from paying the electric
| company the amount due upon the out
| standing warrants. s@i