The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1913-06-06

and supply the city and individuals
with light and water, provided said
plant may be acquired at reason
able price," THAI the proposition of
purchasing the light and water
plant was never submitted to the
voters or voted upon In any other
form or manner or at any other
time; that at and prior to said
election the Honorable M. A.
Murphy, now mayor Of the city of
Virginia, and other city officials
represented the voters and elec-
tors of said city that the plant of
the. Virginia Electric Power e.
Water Company was not worth to
exceed the sum Of $250,OO0, and
that the said mayor and other city
officials represented to the voters
and electors of said city that the
said water and light plant was not
worth to exceed the sum Of $780,
600, and that the said city offici-
ais would not pay to exceed this
amount for said plant; that rely
ing upon such representations and
believing them to be true a major
ity OF the voters at said special
election voted in favor of said
proposition; that plaintiff is in
formed, verify believes and charges
the facts to be that since election
the said mayor and city council
have unlawuMy and without any
right to do so offered to- the said
Electric Power & Water company a
sum greatly in excess of the value
of said plant, to-wit, $492, 1000 and in
addition thereto the cost of all
permanent improvements made to
said plant subsequent TO the date
of the Burns & Mcdonnell report,
filed with the city clerk some fiji
teen months or more ago. The
plaintiff alleges the true facts to
be that under the present agree
nrent between the officials of said
city and the, officials Of said conn
pany the gross amount to be paid
for said plant will exceed the sum
Of 5000, 900 a price which it is
alleged is greatly in excess of the
true value Of the plant, further
alleging that the plant is not now
and never as been worth to- exceed
the sum of $250,00O, and further
alleges that the mayor and city
council of the city Of Virginia, I'M
less restrained by an order of the
court, will without authority and
without right to do so pay said
exorbitant, outrageous and unrea-
sonable price for said plant, there
by jeopardizing the property Of
every taxpayer of the city of
Virginia and increasing their taxes
beyond reason.
The plaintiff further alleges, up
ON information and belief, that
there are no funds in the city
treasury set aside for the purchase
of said water and light plant, or
that be- lawfully appropriated for
that use, and alleges that the city
has never taken any lawful steps
to seoure funds with which to pay
for said plant, and has never TAX
en- any lawful steps whatsoever to
acquire said light and water plant;
that no revenue has ever been
levied by the city of Virginia and
that no funds exist in the city
treasury or any other place be-
longing to the city which are or
can be made applicable, for the
payment of the said bonds proposed
to be issued as partial payment
for such proposed purchase.
The complaint further necAes
that ON December II, 1912, a spec
ial election was held in the city
Of Virginia, a vote being held upon
the following proposition, to-wit:
SHAH the city Of Virginia issue its
bonds In the sum of $4,000
for the purpose of purchasing the
electric light and water plant now
owned by the Virginia Electric
Power & Water company in the
city of Virginia?'' That the
proposition of issuing said bonds
was never submitted to the voters
Of Virginia in any form nor at any
time nor in any other manner.
That prior to voting upon said
proposition the city council of the
city of Virginia never at any time
nor in any manner, by resolution
or otherwise, authorized the issu-
ance of said bonds, nor did they
fix and determine the amount to
be paid for said plant nor fix the
rate of interest on said proposed
bonds, and never fixed the time