The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1901-10-11
She ls In Worse Shape
Than Canton.
DECLARED BANKRUPT
May Close Up Some Of the City
Departme ments---The In
junction Hearing
Thursday.

Akron, Oct. 10.-The suit to restrain
the city from issuing $16S,O00 in bonds
to be used to pay for services and
supplies that have already been fur
nished, created a big sensation here.
City Solicitor Esgate says that the
debts were all contracted by the coun.
Gil and board of commissioners with.
out statement from the city clerk
showing that necessary money was in
the funds to be drawn on. When
debts are contracted against a de-
pleted fund the officials that contract
them are personally liable under the
law If this opinion should be up
held many of the city officials who are
concerned may have to settle, it is
said.
The application to make the injunc-
ton permanent will be heard in COM
mon pleas court today before Judge ID.
]. Nye, of Elyria. There are many
results that may follow permanent
injunction against issuing bonds. The
question of q city receivership is be-
ing seriously considered. City Off
cials are a unit in opposing such a
move and many say that 1t cannot be
DONE This is more likely, however,
than an effort to enforce the individ-
pal liability.
As the solicitor, who is the city's
legal adviser, is the one that has
brought the suit, il was necessary to
select counsel to act on the other side.
Judge L. w. Stewart was agreeable
to all parties. and after finding that
there was enough money in the fund
to pay him he was retained. In the
petition that has been filed Mayor
w. B. Doyle, City Clerk Charles II.
Isbell and o. A. Sorrick, Alvin Rice
ard J. w. Walker, the council finance
committee, are named as defendants
with the city.
The expenses of the police depart
ment are $4,000 year more than the
revenue. The fire department, street
lighting and fire hydrants are also cost
ing much more than the revenue re-
ceiyed for them. The number of fire
hydrants and electric lights can be
reduced and big saving made in this
way, but legal authorities claim that
when a man is put on the fire or po-
lice department he cannot be removed
except by preferring charges.
There will be no new funds until
next March when the February appor-
tionment of taxes will be available.
Before that time there will be more
money due on some of the funds
than the amount received at this time
There seems to be only one relief.
That is to have the legislature allow
the city to issue bonds and make a
special tax levy to pay them when
due. Such a measure could not be in
force for nearly six months. The trou-
BILE is to find something that can be
done in the meantime.
If the Injunction suit is decided
against the city the commissioners de-
clare that they will close all the de-
partments possible and contract no
more debts. They fear the possibility
of being personally responsible.
In the petition asking for the in
junction it is alleged that the ordi
nance authorizing bonds was not voted
on at regular meeting of the council
not voted for by the requisite number
OF members or read the requisite num-
Der of times It is also alleged that
the passage of the ordinance is vio-
lation of the corporate powers, as the
bonds can never be paid. 1t was done
to evade the tax rate and unlawfully
obtain money for municipal purposes.
The claim is made that no part Of the
Indebtedness is legal because the clerk
did not first certify that there was
money in the treasury for the ex'
pcnsc.
There is no question about the city
being bankrupt. A receivership will
be the last resort in the effort to
stralghten matters out. The worst
fsature Is that every city official is
blaming someone else. Some hot
c.arg4s are being made on the diff
ferent sides. an dsomething may come
of them. An effort to impeach some
of the officials would not be sur
prising.