The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1902-09-12
THIS MAY CREATE CHAOS
Councilmen Sue Out Injunction Against the
Board of Aldermen.
1t is Claimed By Them That Padueah is Not Legally
City Of the Second Class.

A suit Of unusual Importance and
far reaching significance was filed in
circuit court this morning by Coun-
cilmen J. II. Fowler, Ed Voolfolk
and W. p. Hummel against Mayor d.
A. Yeiser, President Ed z. Noble, Of
the board of aldermen, and the mem
bers Of the latter board, enjoining the
mayor from appointing an alderman to
fill the remaining Vacancy in the
board, and enjoining the members of
the board of aldermen from further
participation in the municipal govern
ment Of Psduoah, on the grounds that
Paducah is not a second class city.
The suit was filed by Attorneys
Lightfoot and Yonts, OF Paducah,
and former Justice of the court Of APP
peals. W. s. Pryor. of Frankfort, and
this afternoon a motion will be made
before Judge Husbands by the attor.
neys for temporary injunction. The
news Of the suit was in the nature Of
a bomb, and created quite sensation,
owing to the inestimable confusion
that may result from it.
The injunction, briefly speaking, is
based on the grounds that the bill
passed by the last legislature trans
ferring Paducah into the second class
was irregular, incomplete and illegal
and that census to determine the
number of inhabitants should have
been taken after the passage Of such =
bill, instead of before.
1t is alleged that the census here
was taken before, and further that the
bill is very incomplete and should
state explicitly which officers were to
serve after the transfer from the third
TO the second class until the workings
under the second class charter were
in operation.
On these technicalities it is sought
to force Paduoah back into the third
class.
Councilman Voolfolk stated that
the suit was only to settle for all time
to come before the city became further
involved, the question Of whether the
transfer was legal or not.
Councilman Fowler, when seen by
reporter made the same statement.
Councilman Hummel WAS more ex-
plicit. He said in substance:
1T is nothing more than e suit TO
determine for all time to come
whether OF not the city is in the sec
ond class. IL is friendly suit be.
tween the council and the mayor and
aldermen to get the matter before the
courts and have it passed on there,
and let US know exactly where we
stand.
THE questions Of Improvement
bonds and OF an election this fall,
have been up for discussion, and il is
our desire to have these questions set.
tied at once in order that we may
proceed intelligently and legally.
Some time ago it was generally
agreed among local lawyers whom we
consulted that an opinion from Judge
Pryor, formerly of the court of APP
peals, would be regarded as able
and representative opinion as we
could get. They said they would be
willing to accept whatever he said AZ
law. We sent and secured his opinion
in the matter"
"what was mis- opinion 20 the re.
porter asked.
"why," replied Councilman Hum.
mel, He said that Paducah was still
in the third class, in his opinion, al
the bill making the transfer did not
conform to the constitutional require.
ments. We then decided to institute
this suit in order to have the court
pass on the question and settle II
now, before we have gone any farther,
SO we can hold the election in Novem.
Der II we are in the second class, and
so we will feel safe should the bond
proposition carry"
The question of gran ting a temper.
ary injunction will come up before
Circuit Judge Husbands this after