The leader., 1905-06-14
DECIDED AGAINST EXTENDING THE
CITY LIMITS.

4hO SktdA Va Au0 GeS5 VI tAl6 city
lof Brookhaven VS.. B. f. Dunn,
Involving the validity Of the ordi-
nance extending the present city
limits, as provided by said ordi-
nance, which was ID progress
when Saturdays Leader went to
press, was decided at ii o'clock
saturday night BY the jury's
bringing in a verdict for the de-
fendant.
This is q matter in which all the
people of Brookhayen and the;
territory Immediately contiguous
Ito this city are materially concern
led, and 4 rehearsal here Of some
of the principal facts and circum-
stances developed in the trial will
prove of general interest.
The city limits, as at present
prescribed, form a square mile,
| the geographical center of the
square being the center Of Monti-
cello street where it crosses the
main track of the Illinois Central
Railroad at the depot. The col
poration lines therefore embrace
$40 acres Of land. Nearly a year
ago, the Mayor and Board Of
Aldermen passed an ordinance ex-
tending the corporation lines one
half mile beyond the present
limits on all sides, thus increasing
the area within the corporate
limits from one square mile to-
four, less the territory cut off by
the incorporated village Of Pearl
haven, which could not be en-
croached upon. Boards of Mayor
and Aldermen are empowered by
law to take such action without con-
sulting the wishes Of the per-
sons within the territory to-
be brought in, the only ques-
Ition to be decided being
the reasonableness or unreasona-
bleness of such an ordinance. On
appeal from the action of the
Board to the Circuit Court, by
Iany citizen objecting, the issue is
to be decided by jury as other
questions are decided. An appeal
was taken from the action Of the
Board last fall by Mr.. B. +.
Dunn, who lives outside the pres
lent city limits, backed by many
other citizens who lived in the
outlying territory it was proposed
| to bring. in, and this was how the
case got before the court.
For several years the popula-
tion and the value of property in
| the outlying suburbs of Brookha-
wen have been steadily increasing.
Mr.. n. Eitel, one Of the witnesses
introduced during the trial, pro-
duced map he had carefully pre-
pared, showing all the territory IL
was proposed to include in the
extension. According to the CEN
sus taken by Mr.. Eitel there are
embraced within the new terrific
Try Alb houses occupied as resi-
dences, most Of them new or
comparatively new; d population
lof 900; 614 educable children,
and the personal and real property
embraced in the extension is esti-I
mated at $500, 900. The total area
| of land embraced il the city limits
| by the contested ordinance be
found to be 2,22ozs acres.
It was shown that the taxable
property Of the city within pres
ent boundaries is 81, ,6O9, ,060, and
that the total corporation tax levy
for years past has not exceeded -
mills for all purposes. The va
rious funds of the city treasury
lshow a total cash balance on hand
lat this time of $4,000.
The present bonded indebted
ness Of the city is $50, 900. $28,-
i0oOo Of this represents school house
lbonds and the rest were issued on.
account of The water and light
plant. The bonded indebtedness
was originally $85. 900, but this
lamount has been reduced Sc, 900.
during the last two years by a
lsystem Of annual payments, to
meet which sinking fund IS pro-
vided out Of the 2 mill levy.
The water and light plant was
Iput in operation il 1898. The
water mains and electric wiring
lhaye been extended beyond the
loriginal limits from time to time,
as the revenues Of tbe city and the
number of water and light takers
lin given quarter would justify,
Ion sound business principles.
In anumber Of instances. persons
living on The outside, but near the
corporate limits, have been fur
Inished water and LIGHTS on the