The Paducah evening sun. [volume] (Paducah, Ky.) 1906-1929, 1906-07-20
INJUNCTION TALK
ABOUT CONTRACT
Judge Bagby Says it Does Not
Conform to Charter.
Client Decides 10 Drop Matter for the
Present but May Proceed
Later On.
MAYOR YEIsER SIGNS TODAY.

Steps to enjoin the city from per-
forming its part OF the contract with
the General Electric company to furn-
ish equipment for the municipal light
ing plant. will be taken, according to
the statement of Judge E. w. Bagby
this afternoon.
At the Instance Of Judge Bagby.
Mayor Yeiser refrained from signing
the contract until Judge Bagby could
study ii in the interest OF client of
his whose name he refused to divulge
but whom he said was citizen not
interested in any way in the bidding
for the contract. About noon Judge
Bagby informed Mayor Yeiser that his
client had decided not to take the
risk of an injunction preceding at this
time.
Later Judge Bagby said
Although the citizen at whose in-
stance | Investigated the contract
does not care to Introduce proceedings,
you may say that an Injunction will
be taken out to prevent the city pay
ing any money on this contract. The
suit will be based on defect in the
proceedings. The charter provides
that lights shall be provided for by an
ordinance. and there is no ordinance
In this case at all-only simple
contract signed by the mayor and APP
proved by the general council.
IF the general council should re-
fuse to pay on this contract after the
machinery was installed, | doubt II
the General Electric company could
collect a cent from the city. In fact,
| very much doubt If the company
VIII go ahead with Its part Of the con-
tract when its representatives learn
of this defect in the proceedings Of the
general council.
IL am not at liberty to state who
will bi ing this injunction suit. ] can
not say that | will be an attorney in
the case. 1t is certain, however. the
injunction will be sought. and enter
tain no doubts as to the success OF
the suit"
when the matter was explained to
Alderman Earl Palmer. chairman of
the Joint light committee. he said:
at may be as Judge Bagby says.
there should have been an ordinance.
We proceeded only as we Understood
our duty. We have just completed a
contract for s2.50O worth of hose
the same way. We entered into con-
tract and the mayor signed it. Part
of the hose has been delivered. II
this lighting contract Is wrong, that
Is also. Since no one questioned our
procedure in the former case, am
rather inclined to the opinion that
the citizen, who is SO interested In
seeing the letter of the law complied
with this time. is not actuated solely
by desire to see the general coun-
ell proceed according to the cousti-
tuition However. we have done our
duty as we understood 1t. 1t is now
up to whoever desires to block the
improvement of the electric light (.
plant.
The contract calls for new dyna-
mos and new lamps. Engineer
Holmes, employed to prepare specifi-
cations for the improvement. report
- 49, tho a,xf,ac and hoflars ara
in condition to support 800 lights.
The contract calls for delivery In
eight weeks.
Mayor Signs Contract.
Disregarding the advice OF inter-
ested parties, Mayor Yeiser declared
today he will sign the contract and
ordinance. although he disapproves
them.
lie was advised this morning not to
attach his signature to the measure
but 10 allow the general council to
bring proceedings in mandamus. To
this advice Mayor Yeiser replied that
he has only one course to pursue and
that is to act according to the instrucs
lions OF the general council.
81 stated my reasons for opposing
the contract" he said, ION the floor
of the council chamber. The boards
have both seen fit to do otherwise than
suggested. 1t Is not for me to do
cline to perform NV sworn duty. ]
have no discretion in the matter as ]
see It. II citizens think the contract
should not be signed they can enjoiD
me- Otherwise II will be signed"
And the mayor looked as though he