The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-04-20
Court Of Appeals Say They Are Good
And Valid.
Decision Rendered Today By Judge 0Rear, Affirm
ing Lower Court
THE CITY CAN NOW PROCEED WITH ISSUE

There is now nothing in the way of
Paducah's issuing the $4,000 in
bonds voted by the people last Novem-
Der for street improvements, new
market house and new city hospital.
The bonds were today adjudged per-
fectly legal by the court of appeals of
Kentucky, the highest tribunal in the
state, and this would make them
legal, if they were not so before.
A special to The Sun from Frankfort
says:
Frankfort, KY, April 20-The ap
pellate court, Judge O'Rear writing,
affirmed the IMcCracken circuit court
in the case of Ed Voolfolk against the
city of Paducah. The question of the
validity of a bond issue Of $3.50, 600
for street improvements was raised in
the case. The court below sustained
the bond issue, and that Judgment is
upheld by the court of appeals.
These bonds were voted at the last
November election, 1t will be remem-
bered and carried by good majority.
The intention is to spend the money
thus raised, for paving the streets,
and building new market house and
a new city hospital. The 100000 for
streets will be doubled by the half of
the costs of street reconstruction that
has to be paid by property holders,
thus giving Paducah 5000, 900 to spend
for modern streets as soon as the city
officials see fit to float the bonds.
There was some opposition to the
bond issue and it was claimed that
the best way to settle for all time to
come the validity of the bonds, and
add to the value on the market, would
be by filing a suit oontesting their
validity.
The first suit was an ex parte petit
tion fled by the city through former
Solicitor Worten, which was subse-
quently dismissed and Judge James
Campbell was employed to bring an
other suit in the name Of Captain Ed
Voolfolk, formerly member of the
council.
This suit brought into the question
the manner of holding the election,
the legality of voting on one or more
questions, sets of bonds, etc., at one
time, and other things regarded as
pertinent to the settlement of the
questions at issue, and when the case
was tried in circuit court here, Cir
cult Judge VIM. Reed held that the
bonds were valid, and sustained the
issue in every particular.
An appeal was taken to the court
of appeals, and the decision rendered
today had been expected for several
days. AS seen from o brief sum-
mary of it, it makes the bonds valid
and removes any doubt that may
have existed as to their legality, If
there ever was any.
The general council may now issue
the bonds at once, and after advertis-
ing them foS thirty days sell them. II
is not yet known when the necessary
preliminary steps will he taken to dc
this, as the boards have been very
slow, and could have had everything
ready now to advertise for bids fol
the work, and u great deal could have
been accomplished this year. 1t i.
not known what is to be done about
beginning work this year. 1t will no
be necessary to wait for the mandate
of the court of appeals to issue thu
bonds, as the suit was only to settle 1
question of law.
The city has not yet decided on tn
streets to be paved but it is general.
supposed that they will be Broadway
kentucky avenue and jefferson street;
! the cross streets, South Third to tn
bridge and Fifth street around Trim
BILE to Sixth, thence to the I. c
freight depot.