The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1903-03-20
CITY RESTRAINED
Is EDjoined From Selling Electric
Lighting Bonds.
John B. Meagher Ties Up the Proposed
Municipal Plant.
Order to Show Cause Served on CITY
Officials Today.
1t Will be Argued Before Judge Cray
April 9th.
From Thursdays Daily.

From Thursdays Daily.
The city has been temporarily re-
strained from proceeding to install a mu-
nicipal lighting plant. Sheriff Williams
served papers this forenoon ON the
mayor, recorder and aldermen in an in
junction suit commenced by John b.
Meagher of st. Paul against the city
of Mankato.
Judge Cray yesterday granted an order
to show cause why the city should not
"be forever restrained and eDioined from
entering into. any contract for the cree
ton, construction OF purchase of an cleo
trio lighting plant for said city of Man.
kato with any person whomsoever, and
from in any manner carrying out any
plans for the erection, construction, or
purchasing of such lighting plant, or
from issuing or causing to be issued, any
bonds of said city of Mankato to any
person whomsoever, or offering the same
for sale upon the market, or in any
manner to involve the said city of Man
kato by the issuing of any bonds or
orders for money in any form OF shape
for the purpose of acquiring funds to
carry out any scheme of purchasing,
erecting, or constructing public cleo
eric lighting plant for said city, and
from issuing its bonds in the sum of $4O,-
600, or any other sum for the purpose of
raising funds as aforesaid" etc. The
mayor and recorder are also to show
cause why they should not be. restrained
from signing any contract for the cree
ton of a power house and pumping sta
ton, or electric light plant, and from
taking any gteps whatever in the matter
whereby the city shall incur any expense.
The hearing is set for April 9th at two
p. M, and a restraining order is made
until that time. Pau & Pfau are the
plaintiffs attorneys.
The complaint goes into the financial
condition of the city, reciting a similar
line of facts as was the case when Mr..
Meagher got out his street car line in
junction, and with which the public is
familiar.
1t is said in the. complaint that the
bonded Indebtedness of the city, exclu-
sive of the so-called floating debt, far ex-
seeds the amount allowed by law, and
the city cannot legally issue any more
bonds, and the city does not have the
money in sight or on hand out of which
the expenditure can be made.
1t is held that the pumping station Is
sufficient for the use of the city, and
that, if there are any deficiencies, it is
as to the supply of water only. The
new pump station would cost $4,000
and upward, and the electric light plant
$4,000 and upwards.
The complaint holds that the city has
no authority to issue $4,000 of electric
light bonds, but authority to issue only
$4,000 of such bonds, and that only
after a vote of the people authorizing the
issue. The complaint says that the law
authorizing the issue of $4,000 of cleo
trio light bonds is unconstitutional and
void
Under the restraining order OF the
court the council cannot sell the bonds,
but can open the bids.
The law allowing cities to issue $4O,-
600 of electric light bonds is now being
tested in the courts at Winona. Probab-
ly the outcome of that litigation will
have to be awaited.
The city officials were not surprised
that the injunction should be served up
in them, having expected trouble along
this line. Few other people were sur
prised, either.
The present council may go out OF
office before even the order to show
cause has been decided.