The Palatka news and advertiser. [volume] (Palatka, Fla.) 1902-1905, 1902-09-11
PH|AIKA' 5 BOND ISSUE
The Hitch IN Their sole, Qld
The Reasons Tor DeIQy
HON. s. J.. HILBURN, CITY ATTORNEY.
Has Courteously Given the News the
Following Information Concern
the Present Status Of the
Recent Issue of City
Bonds.

DUuuOs
The Board of Bond Trustees of the
CITY of palatka advertised for bids
on the city bond issue under the re-
cent city election and at the time
stated for the sale, sold the bonds to
the new Columbus National Bank, of
Columbus, Ohio, and a certified
check was deposited with the bond
trustees to guarantee the carrying
out of their part of the agreement to
purchase. The purchaser was to
have the privilege of submitting the
matter to it's attorney to pass upon
the legality of the bonds. The
necessary data to enable the attorney
to render an opinion was placed III
the hands of the purchaser and there
was very considerable delay on the
part of the purchaser and, finally, in
June the purchaser wrote the bond
trustees declining to-take the bonds,
stating that its attorney had advised
that the bonds were not legal, for the
reason that the bonds for the various
purposes were voted upon as a whole,
| and that the voters did not have an
opportunity of voting for or against
bonds for either or all of the purposes
designated, severally. This was its
| only ground upon which it based its
claim to illegality. The City Attor-
ney of Palatka was called upon for
an opinion upon this point and gave,
as his opinion, that this was not
valid objection and that the facts
complained of did not invalidate the
bond issue under the laws of Florida.
Thereupon, the bond trustees referred
the matter to the City Council, re-
questing that they take such steps as
might be necessary to clear up the
cloud cast upon the bond issue by the
purchaser. The City Council had its
last meeting in August and directed
the city attorney to take the case to
the supreme court and procure a de-
cision of the supreme court as to the
legality of the bond issue as soon as
possible, hoping to thus clear the
bond issue of the cloud that had been
cast upon it before taking further ac-
: ton in the matter.
The city attorney appeared before
the city council at its regular meet
ING last week and explained elabo-
rately the various phases OF the bond
issue and advised the city council
mot to take the case to the supreme
court but to have a validating act
passed by the next Legislature which
convenes in May, legalizing the cleo
ton and bond issue. The city attor-
Iney stated as his reasons for this that
in the st. Augustine case, the Dade
county bond case, and other cases,
the legislature had full and complete
authority and power to legalize and
validate the bond issue and the cleo
tion if there were any illegalities,
and further, that it was apparent
from the Dade county bond case
which has lust been decided by the
; srpreme court that, although the
case was advanced on the docket, it
required over one year to get de-
cision: and for further reason, that
, | il would be far less expensive to have
validating act passed than to pro-
cure decision of the supreme court.
The city attorney stated that, i'll
his opinion, the bond issue was en-
tirelV legal and there could be no
r valid objection raised against it, but
as the purchaser had made the OBJ
!, lection that it had, this cast a cloud
o over the bond issue which would
have TO be removed before the bonds
could be sold to advantage. He took
nm various objections that have been
+. raised, pro and con, by the people
y AGAINST the bond issue and showed
nv reference to the rulings of the SUI
nreme Court of Florida that none OF
T. these objections We're valid. he
It stated that he had no fear of having
the bond issue turned down by the
supreme court as he had completely
e as his first work, briefed the case or
= every objection that he had hearC
raised by anyone, and he thought L
II WIS emfnently better, under the cir
cnmstances, to have a validating ac
nassed which would cure every i'm
aginable defect that might exist, ant
might be more satisfactory ant
onicker than procuring decision o
fhe supreme court. He stated tina
of he and the attorney who was to op
nose the bond issue in the supreme
court, had about completed all tn
arrangements and necessary paper
fo take the case before the circui
Judge, and that he stood ready ant
willing to press the matter vigorous
,e " if the council so desired.
The council unanimously passed
resolution resembling its previous &C
tion and validating bill will be pre-
pared and passed at the next legis
,e lature.
ne 1t is to he regretted that the city
er to be delayed in its public works, bu
In In no fault attaches to the bond tru'
es ts tees, city council or to the city Al
ic torney They are in no wise respol
=, sible for the situation. Dade count
al al was delayed over two years while tn
he citizens had to put up with the poo
D. est excuse for a court house in I'll
state. They are only now in pos
ton to proceed, and this is usual
the case in matters of this kind.
nRvnItREn By WORMS.