The leader., 1904-06-29
THE PROPOSED CORPORATION ExTEN'
SION.

StvNs
AS might have been supposed
1some very formidable opposition
has developed TO the new ordi-
nance extending the corporate
limits from one square mile to
four square miles. The kick,
from what The Leader has learn
led, is practically unanimous from
those living in the new territory
to be taken in, but is by no means
Iconfined to these. A petition to
1.-THE Mayor and Board of Alder
man was started and extensively
signed soon after the new ordi-
nance was first published in The
Leader, praying the Board, at its
next meeting, to reconsider its ac-
/ ton in the premises. The opponents
Of the measure have since sought
legal advice, however, and it has
been pointed out that the surest,
| if not the only way of defeating it
is by an appeal to the Circuit
Coult. The law directly bearing
on the case is section 2912 and
section 2913, of the Annotated
Code of 1892, which are copied
below:
Sec. 2912. The limits and
boundaries of the existing cities,
towns and villages shall remain
as now established until altered as
herein provided. TO enlarge or
contract the boundaries of city,
town or village, it shall be neces-
Esary for the municipal authorities
to pass an ordinance defining with
certainty the territory which it is
proposed to include in or exclude
from the corporate limits, and al
SO defining the entire boundary as
changed. The ordinance shall not
become operative until one month
after its passing, and until it shall
have been published for three
weeks in some newspaper of the
city, town or village, if there be
one, and, if none, by publication
in a newspaper having general
circulation therein for that time;
and, in either case, by posting
written copies of the ordinance
for said time in not less than three
public places in the city, town, or
village, when it shall become oper-
ative, unless an appeal be prose-
cuted. Any person interested
may prosecute an appeal from the
ordinance, at any time before it
becomes operative, by execut-
ing a bond, payable to the city,
town or village, in the penalty of
5000, with two sufficient sureties,
conditioned to pay all costs of
suit, in case the appeal be unavail-
ing. The bond shall be approved
| by the mayor of the city, town or
village, and the appeal shall oper-
ate as a supersedeas.
sec. 2913. The appeal from the
ordinance shall be to the Circuit
Court, and shall be tried as an is
sue to be made up; and the ques-
tion shall be whether the propos-
/ ed extension or contraction Of the
corporate limits be or be not rea-.
lsonable. If it be adjudged reason
able, the ordinance shall go into
effect in ten days thereafter, if no
lappeal be taken within that time
to the supreme court, and the ap-
pellant, and the sureties on his
bond within it's penalty, shall be
adjudged to pay the cost; but if
it be adjudged unreasonable, the
ordinance shall be vacated, and
the extension or contraction of
limits, and all ordinances propos-
ing practically the same, shall be
prohibited for one year.
The Leader further learns that
while no legal counsel has as yet
been retained, that some of the
leading property holders affected
will get together in few days
and employ a lawyer and make.
the necessary bond for testing the
ordinance in the Circuit Court.
If no such action is taken the new
lordinance will take effect July 9.
The question is one which is
viewed chiefly from the revenue
standpoint by all concerned.
Those in the newly incorporated
territory, naturally object TO be-
| ing taken in and taxed to pay
debts Of the city which were con-
tracted before they became a por-
tion Of the municipality. Those
in the old city limits are concern
ed to know whether the taxes col
lected from the new territory
would Offset, or more than Offset
the new expenses and obligations
assumed by the municipality in
the way Of street Improvements,
water and light extension, police