The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1904-07-08
Ciiy'sAnswers to the Three Suits Com.
pIeted This Morning.
Course Taken BY the Aldermen Was
Justified BY Necessity.
Funds Are Provided to Pay the City's
Portion Of Expense.
From Tuesdays Daily.

tracts came on at the special term of the
district court this afternoon. 1t was
the intention of both sides to argue the
cases during the afternoon and submit
them to the court, so that a decision might
be had without more delay than neces-
sary. 1t was the intention to make the
arguments in one case and let the others
go as that goes.
City Attorney Daily this morning COM
pleted his answer in the injunction suits
brought to restrain the city officials
from awarding the contracts for the paw
ing of Front, jackson, South Broad
and Lincoln streets. They are not very
lengthy, except for the fact that they
include copies of the specifications upon
which the bids were received.
The city admits many of the allega-
tions of the plaintiffs in the injunction
suits. 1t is admitted that the tax levy
of 1908 was $4,000, distributed among
the funds as alleged in the complaints.
1t is admitted that the total taxable
property of the city is $3,679, 1862, and
that the bonded indebtedness of the city
is $l97, 500. The various steps taken by
the council and board of public works
leading up to the receiving of bids on the
work are admitted, but the city denies
that the motions or resolutions were
wrongfully or unlawfully passed or
adopted, and denies that the motions
were made and adopted solely for the
purpose of arbitrarily and without any
necessity or demand of any kind therefor
ordering said improvements, but alleges
that said motions were made by the
common council after first carefully in
vestigating the proposed improvements,
and that the council did and does in
good faith believe that public necessity
requires said improvements to be made.
The defendants specifically deny para
graph Is in the complaint, and allege
that the specifications are legal, definite
and not arbitrary, sufficient, and in ac
cordance with the provisions of the
charter of the city, and allege that they
are calculated to promote competition
and to lessen the cost of the improve
ments; also that the provisions of the
specifications are reasonable, proper
and necessary for the benefit of the city,
and are such provisions as are usually
placed in specifications by cities when
letting contracts to pave streets. The
bids received are submitted as evidence
of this.
1t is denied that the city has any in
tention of issuing certificates of indebt
edness to pay the improvements, as it
is provided in the specifications that
no money shall be paid the contractor
until money for that purpose is in the
hands of the city treasurer, received
from special assessments for the i'm
provements, or by general tax levy made
for the improvements.
The defendant admits that the board
of public works intends to carry out the
order of the council in regard to the i'm
provements, and report their action to
the council for approval, and it is
admitted that the council will
approve contracts for the i'm
provements, providing they are
awarded to the lowest responsible and
reliable bidders, and the contractors are
fair and reasonable, and the contractors
furnishes the bonds provided in the
specifications.
The defendant alleges the action of
the council in setting aside $2,25O to
pay the city's proportion of the cost of
the improvement of Front and Jackson
streets, this money having been deposit
ed in one of the banks of the city; and
also alleges the making of the tax levy
for the year 1904, wherein provision is
made for the city's share of the cost of
the improvements.
The defendant denies that there will
be any deficiency in the fund required to
pay the necessary operating expenses
of the city for the present year, but
alleges that there is now in the hands of
the city treasurer belonging to the city
the sum of $23, ASST outside of the
appropriation above mentioned, and that
only $39, 737.49 of the tax levy of 1908
has been received, but that the balance
will be received in November; that the
necessary annual current operating ex-
penses of the city, including salaries,
does not exceed $50, 1000; that each year
the city receives a revenue from liquor
licenses, fines, etc., of over $4,000, and
will receive this amount from these
sources this year.
The city alleges that provision has
been made for the payment of the city's
share of the cost of the improvement of
Fifth street, amounting to $1,000. The
contract provides that this is not to
be paid until the money is in the hands
of the city treasurer, out of the general
tax levy made for that purpose. 1t is
alleged that the money that will be re-
ceived from the tax levy, outside of the
amounts specifically levied for certain
street improvements, with the actual
revenue received and to be received from
other sources, is more than sufficient to
pay all of the floating Indebtedness of the