The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1902-04-18
PAVING DECISION
Judge Cray Grants Partial In
junction.
City Cannot Spend Its Own Money Fol-
Paving---Private Property Must
Pay For 1t.

Judge Cray this morning nleo tne
following order in the Broad street
paving matter:
Now having duly considered all
matters herein involved and having
heard counsel for the parties hereto.
and having read said written briefs,
it is
Ordered. That upon plaintiff filing
herein an injunction bond in usual
form running to the defendant city of
Mankato, in the penal sum of five
hundred dollars approved by me, a
writ of injunction issue herein, re-
straining each and all of the defend
ants, the agents and servants, pending
the trial and determination of this
action, from entering into any con-
tract for the boulevarding, curbing,
guttering or paving of Broad street in
the city of Mankato, or issuing the
orders, bonds. certificates of indebted
ness, or other obligations of said city,
whereby any pecunisry liability will
be incurred by, or for, on behalf of
said city of Mankato, for any of said
improvements which will necessitate
the payment or expenditure during
the fiscal year of A. d. 1902, or any
following fiscal year, of any of the
current funds of said city of Mankato,
or of any money or funds of said city
whatever, save and except such as can
be lawfully raised by special ass ess-
ments made upon real estate and
property benefited by said improve
ments other than real estate and
property belong ing to said city of
Mankato.
Dated this 18th day of April, A. D. 1902.
The following memorandum accom-
panies the order:
1t fairly appears from defendants
answer herein that the amount which
has been or can be realized by the de-
PENDANT city for the year 1909 from
the tax levy made in October, 1901, is
at most but $40, 900, some part of
which must have been heretofore ex-
pended.
This is true, also as to the amount
which can be realized for the year
1908. and it is alleged in the answer
that the current expenses for that year
will be $53, 900.
1t is alleged in the answer that
certain sums will be realized from
liquor licenses, water rents, fines, etc. (;
also that there is now on hand, exclusive
of sinking fund and library fund,
$14, Ola. 10; and that the floating in
debtedness of the defendant city is
new sci, 573; that the assessed valua-
ton of the city is So, 2S1, 400, and that
the bonded Indebtedness is $197, 500,
all bearing interest and that the cur
rent expenses of the city for the cur
rent year is $1O4, $50. 81.
How the current expenses of defend
ant city are to be reduced in one year
from $1O4, $50. SO to $53, 900 does not
clearly appear. But, be that as it may,
it is clear that the city now has in
sight available funds at most as fol-
lows:
Current tax levy for all
purposes, ...................... $40, 600. "
Cash on hand for all purposes, IA, O12. Is
Total. $50. 012. 10.
Less such portions thereof
as have already been ex-
pended with which to pay
floating debt, ............... $21, 573. OF
Current expenses for year, 80, 600. on
| Total, ............. s74. 57s. OF
While liquor license, water rents,
fees, fines, etc., are funds which may
be lawfully used when actually real
lied, the receipt of any sum from
such sources cannot lawfully be antici
pated, and debts may not be incurred