Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-10-29
INJUNCTION ISSUED.
Bonds for Electric Light Plant
Must Not Be Signed.
1lIcgnlity of Action Taken mt n Special
Meeting of the Board of Aldermen
Pointed Out--IIcavy Taxpayers
Interested. ,

An injunction wa. Issued Friday by
Chancellor Tyler restraining Mayor
Burke and City Treasurer Grant from
signing or countersigning the bonds for
municipal electric light plant. The ora
tors in the matter are j. II. Gates, ed
ward Wells. G. p. Smith, d. w. Robinson,
q. G. Benedict L. A Pope. Willard
Crane. u G. Crane, l.. A. Woodbury..
Emory G. Mower and r.. +. Burgess.
The Injunction does not attempt 70
place any illecality on the city meeting
at which the bonds were voted but deals
entirely with the llegality Of the meet
inS OF the board OF aldermen when five
aldermen, or less than "A quorum met,
elected n president pro TEN and then
issued warrants for the arrest of absent
aldermen. The orators claim that there
is no provision in the charter of the city
OF Burlington, its ordinances or in the
rules of the board. defining now many
aldermen shall constitute IA quorum. that
by rule of the board parliamentary
usages and rules govern its meetings and
that no alteration or deviation from par
lanentary usages and rules, as TO the
number of aldermen that shall constlj ute
a quorum. is made else where in the rules
Of The board.
The orators further aver that the five
members of the board present at the meet
ing held october 10 did not constitute a
, full business could be transacted by them.
The transactions Of the minority OF the
board on that evening in causing the for
chile arrest of Alderman Stiles and the
passing Of the resolution voting the bonds
is rehearsed in detail in the injunction.
The orators aver that no lawful auth
GRITTY is given the board of aldermen. or
portion Of said board, even through their
regularly elected president, to issue war
rants which shall compel by force the
attendance Of absent members; and they
further aver that the action OF the five
members was not carried out in accord
ance with rule four of the board rules.
even If the rule has any lawful and bind
inS effect whatever. 1t Is further claimed
by the orators that tho action of the
board was null and void that the rcso-
luton was not properly adopted and that
should the Illegal wrongful and entirely
unWarranted issuance Of bonds receive the
signature of the mayor and city treasurer
great harm, wrong and injustice would
be done, thereby, to the orators and other
taxpayers of the city; that should this
pretended issuance OF bonds be COM
pleted their illegality would involve the
city in considerable future litigation with
parties outside the State. or otherwise
, who might buy them, cause a multi
plicity of suits and very great expense
and annoyance. stand as a bad precedent
and be continually source OF trouble and
in the end bring disaster in a financial
way.
When the petition was placed before
Chancellor Tyler yesterday he issued the
following injunction:
10 james T.. Burke, mayor Of city of
Burlington, and Lowell c. Grant. treas
urer of said city:
You James E. Burke. mayor. aforesaid
ana each of Your agents ana attorneys are