The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1913-04-03
w. 3. Collins Files Petition in District
Court, Praying for Injuno-
ton Against City
Council.
ARE SPENDING MONEY
Mayor Elder and Commissioners Gray
and Hickey Are Served With
Notices This
Morning.

Major w. B. Collins is now being
styled by his friends the gallant de.
fender of the letter of the law. The
majors latest action is suit filed in
the district against J. f. Elder, mayor
and Thomas P. Gray and I. J. Hickey.
IN which he asks the court to restrain
the defendants from paying unlawful
warrants, certificates and obligations
issued and contracted in excess of the
limitation of Indebtedness provided
by law (And failing to make estimates
as required by law
In his petition Major Collins AYERS
that 1t is the duty of the defendants
70 make estimates and detailed state
ments of the necessary labor, supplies.
materials and work to be done by and
through each department of the city
prior to the beginning of the fiscal
year and to file said estimate in the
office of the clerk thirty days before
the beginning of the fiscal year. He
AYERS that this was not done prior to
the beginning of the fiscal year begin.
ming April l, 1912, or any other fiscal
year since 1910, and that the defend
ants will not do 1t until compelled to
do so by the order of the court.
Further he AYERS that the council
should make appropriations for the
fiscal year at its beginning which they
have not done and that the CITY shall
not issue warrant for the expendi-
ture of more money than the yearly
revenue and that the S35, 900 warrants
for which the city wishes to issue was
expended last year In excess of It's
yearly revenue which is violation of
the law
He ayers that the defendants have
not made estimates for the fsca! wear
beginning April i. 1913. that there is
large amount of floating debt
against the city represented by GER
| tificates, etc, and alleges that these
are illegal and void because In ex-
cess of the annual revenue and in
excess of the statutory limitation of
Indebtedness for the city. Further he
Iavers that the defendants have issued
time warrants in excess of the income
during the past fiscal year for current
expenses to be paid out of the income
of the present fiscal year, which is
not carrying the business Of the city
on cash basis and is contrary to
law He gives the actual value OF
taxable property In Keokuk from the
1912 tax list as S10.S95.5S6, the bond.
ed debt $4,000 and other indebted
mess as about $4,000 which is in
excess of the Limitation by law which
is 100000 for the city now.
He AYERS the council wrongfully
transferred tho proportion of the
county road fund to the general fund
Illegally, that improvements beyond
Rand park was made with the defend
ants knowing the money was expend-
ed in excess of the debt limitation.
He seeks an order of the court to
prevent these abuses of the law and
costs of the suit
Notices of the petition, praying for
an Injunction against them were
missioners Hickey and Gray this
morning by Major w. B. Collins, who
declares that the commissioners have
spent money. neglected their duty
and exceeded their authority in viola
ton of the laws.
The notices were served this morn
ing about ten o'clock and the district
court will be asked to issue a temper
airy injunction against the council, to
restrain them from spending any
more money until the matter has been
threshed out In the courts.
The petition is not taken seriously
by anyone, knowing the constitution
al limits Of Indebtedness OF cities in
the same class as Keokuk Operating
under the commission form of gov.
eminent, but still retaining their spe-
ciai charter puts the city in posi-
ton to take advantage Of conditions
that otherwise would be unavailable, (
1t is said by authorities that the
limit OF the cities indebtedness, I'M
der the present circumstances would
be fVe per cent OIL the taxaDle Valua-
ton of the property which It Is
though will be close to twelve mil
lions this year This would make the
limit 100000 The old statutory
limit of one and one-quarter percent
is rendered useless by the fact that
the commission form Of government
is used to administer the affairs of
the cities, in addition to the reten-
ton of the special charter
The notice served this morning or
ders the entire council to appear be-
fore the district court on May 9Th /,
City Attorney Craig had the matter
under advisement. but would give no
opinion this morning.
The mayor and both the commits
sioners did not seem to be worried
A \. A - a