The weekly Iberian. (New Iberia, La.) 1894-1946, 1911-10-07

construct and operate an interurbaf
railway slle from some point at, an,
\ connected with an electric street ra,
ltne IN the City of New Iberia, to The
lower Limits OF the town of Ieaucrtite
| That the said Southwestern Tractor
and Power Company has repeatedly
tSince said election declared intention
OF complying with all conditions upon
which said proposition was submitted
and of building said ,ntcrurhan elcc
tric railway aud of claiming and col
!ccting said tax. That since SAID clcc
ti0n it has employed contractors fo,
the grading of said line. paid on
money for and obtained partial right,
Of way for said railroad, has negotia',
cd with and claim to have secured tn.
necessary finances for the building O
said railroad, has obtained furihc,
| subscriptions to the capita' stock o
the company. has sought to rent Of
| fees in New iberia for itself and it,
contractors; and in these, and o,he,
ways, is proceeding with, or claiming
to proceed with, the construction oI
Tie said iuterurbau electric railway,
That the Mayor and Board of Trustee
of the CITY of New Iberia declared
| their intention and purpose, in the
| event of the conditions and stipuia,
| tions of said petition and ordinance
| being complied with and the said rail
road being constructed in accordance
with said conditions. of adopting an
lordinance lcvying The said tax; and
that tor these and other reasons the
danger Of the imposing, levying and
collecting said tax Is imminent; and
that the said tax, il levied, will oper-
ate as q mortgage on petitioner S
property, Will work petitioner irrepa-
rable injury, and will compel it. un-
less relief is afforded il herein, to pay
as its portion OF said tax. That the
delays accorded by law within which
10 contest such election will shortly
expire and that to protect itsc!f and
It's rights, petitioner Is compelled to
file legal proceedings without further
delay.
Petitioning corporation shows that
it is entitled, after proceedings and tri-
IL had. TO Judgment decreeing sad pc
tition OF the taxpayers. the ordinance
Of The Mayor and Board of Trustees of
the City Of New iberia of May Eth,
calling said election, the said election
Of July }rd, 1911, the ordinance of the
said Mayor and Board of Trustees de
clarinE same carried, and the at
tempted. but illegal, PRONUNCIATION of
the results OF said election to be Who'll
" illegal, null and void: and further.
to n decree perpetually enjoinlng I: II of
these defendants from proceeding any
further IN the adoption OF an ordi-
dance atteruSting to impose said tax,
or in any attempt to levy same or to
carry it on the assessment rolls of the
said City of New iberia, or to collect
II, q any portion thereof.
Wherefore, premises considered, pc
titionor prays that the said Southwest
efn Traction and Power Company be
cited at its domicile IN the City Of
New Orleans. La, through its proper
officer and the said Mayor and Board
of Trustees Of the City of New Iberia
be also cited through the said Mayor
Of New Iberia, j. s. Power, in the Par.
lsh of Iberia, and that after due pro-
ceedlngs and trial had, there he Iudg-
ment against the said defendant and
in favor of the petitioning corporation.
the said petition OF the said
taxpayers presented to said Mayor and
Board of Trustees of the City Of New
Iberia and the ordinance adopt d by
said Mayor ard Board of Trustees on
May 18th, 1911, calling said elect on;
and also the said election of July .'rd,
1911, and the ordinance of the said
Mayor and Board of Trustees of the
City of New Iberia adopted July 9TH,
1911, declaring said tax to have been
carried; it's resolution of said date, in
structing the said Mayor to promul-
gate said election as carried in favor |
Of said tax; and also the said prOmul- |
CATION itself, to be totally illegal, null,
void and of no effect.
Further, that it be decreed that. the
said tax was never legally carried at
said election; and that the said South
western Traction and Power Company |
has acquired no rights Hereunder;
further, that there be Judgment forev-
,r restraining prohibiting and enJoin-
ny the said Mayor and Board OF
Trustees of the City of New Iberia,
heir agents and employees, and said
Traction and Power
company, their agents and employ
,es, from adopting any ordinance, or
aking any further proceedings, or
making any further attempt whatever
0 impose, levy, or collect the said tax
'oted on at said election of July 3rd,
Oil; and that the said injunction be
made perpetual. And petitioning
further prays for costs and
or all such orders and DEGREES as may
,c necessary in the premises, and for
General relief.