The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1911-09-21
CLAIM is MADE THAT THE CITY
CANNOT LEGALLY BUILD
MAINS.
WOULD ENTAIL A DEBT
Necessary Money is Claimed Not to
Change the Contract. Work Will
Not be Delayed on School.

W. D. II. 1dtulu, through HIS at |
torneys John r. Tally, n. C. and c. E. |
Hill, late yesterday filed in the
Chancery clerks office bill asking |
that the Mayor and Board of Commits |
sioners be enjoined and restrained
| from entering upon the work of eX-
! tending the city water and sewer
mains to the Normal College site.
This action has caused a stir
among the citizens Of Hattiesburg and
the outcome of the case is a matter
of conjecture. The bill consists of
some twenty odd pages and reviews
the whole history of the location of
the Normal College in Hattiesburg,
cites the Mississippi code on the au-
thority vested in the city authorities
In the matter of increasing the in
debtedness of the community, and
AYERS that the Mayor and Board of
Commissioners cannot lawfully make
the proposed extensions as it will
increase the city's Indebtedness, re-
gardless of the character of contract
made with citizens to furnish the
: money or from whatever source it is
derived.
: The Mayor and Board of Aldermen
passed a resolution September 2Sth
. 1910 to the effect that if the Norma
College was located in Hattiesburt
the city would extend the water ant
sewer connections to the location
provided the donors of the site fur
nish the city with the money witt
= which to make the extensions, tn
:, city to repay the money whenever
II had the funds in the treasury wit
do it. The complainant
AYERS The city did rot, then hav
the money In the treaepry has 4 4 no 2
= now and will not have & .for many year l.
to come unless It borrows the none
with which to make the extension
% which will cost from $4,000 to So
- 0OO and for paving the roadway
the college site $4,000 more. Con
planant further AYERS that the Sc
II ton of the city through which tn
On water and sewer would extend
=, sparsely settled and the proposed e
tensions would benefit but a few
that there are thckly inhabited Sc
tions of the city that need wat
he and sewer connections, but lack
he funds and means with which to NAL
ed the needed connections are not ava
us able and cannot be without the ci
OF borrowing money for the purpose.
nd such manner as authorized by law.
ng is averredw that the city agreed wi
the donors of the site, H. A. Camp,
-he E. Ross and A. A. Montague. to Dul
at the extensions the money to be II
mt nished the city without interest
ma the donors and the funds deriv
ons from use of the utilities along the Ii
to go to the donors until they h
on been fully reimbursed to the amor
OF furnished for the work; that 1t
,ep- take at least ten years to do tt
her putting practically a mortgage
lost those utilities. and charges that
can city will carry out the agreement
nen less restrained from entering into
contract.
'kes Complainant AYERS the city auth
axe ties have no authority to fasten
tax and debt on the citizens, which
- unlawful, unjust and unauthoriz'
Chapter 3430 of the code of 1896
cited, which provides that the city
thorities shall publish on the frs
October annually a statement ST
-. ing the monies collected during
~ preceding year. giving each sourc
income and the amount of eXpendi
in detail If the Mayor and Boar
to Alderman by contract OF ordini
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loss CONTINUED on Page Four.)