Hopkinsville Kentuckian. [volume] (Hopkinsville, Ky.) 1889-1918, 1913-10-21
No More Street improvements
In HOpkinSville This
Year.
APPEAL Is TAKEN.
School Bonds to Be Charged
Against Each Years Cur
rent Debts.

The test suit to determine the val
idity of contract for $500 worth
of bitulithic paved streets was deci-
ded by Judge Hanbery Saturday,
the decision being that the contract
is invalid for the reason that the city
has already expended more than the
revenues for 1918.
The matter hinged on whether or
not $4,000 worth of high school
bonds issued in 1910 and 1911 by the
Council without submitting the ques-
ton to vote, should be held as an
Indebtedness against this years rev.
enues. Judge Hanbery holds that
this must be done. The case is very
important one to this city, and will
be taken to the Court of Appeals for
! final settlement as soon as possible.
The length opinion Concludes as
follows:
The court is of the opinion that
the limitation on the aggregate in
debt dllss f the city, as provided
in S'c'iln 157. IN ICs practical appii-
cation, means: That at the begin
ming of each year the debts due by
Che c,.y which We're created without
i vote Of the people must be taken
into account, anu to the sun total of
such debts each subsequent debt
created in that year without a vote
of the people must be added. and at
no time shall such indie otedness in
the aggregate exceed the income and
revenue provided for that year; and
80 on through the subsequent years.
1T is seriously urged by counsel
for defendants that if this interDre-
tation should prevail the city Wild,
at the end of the present yea, be
unable to meet its most urgent and
immediate needs or pay its necessary
expenses, and its governmental func.
tions would be thereby greatly i'm
paired.
This court does not now express
an opinion as to the extent the board
Of council may go in arranging to
meet the immediate governmental
needs in such financial emergency
as the one supposed. But if such will
be the condition of the city finances
at the end of the present year it is
easy to see how beneficent is the eff
feet of the Interpretation herein CIV
en-; and how harmful it would be to
withhold the restraint provided in
that section and postpone the evil
day until the aggregate indebted
ness of the city will reach without
legal vote of the people, tho barrier
of maximum percentage contained in
Section l57. Thus the city would
fad itself In dilemma more deplor-
able and one more difficult to extri-
cate itself from than the one sup
posed to exist at the end of the
present year.
Under this view of the case the
court sustains the demurrer to de-
PENDANTS answer and amended an
swer. and the relief sought in plant
ifs petition is hereby granted and
to that end the defendants, South
ern Bituhthic Company and the City
Of Hopkinsville, are and each of
them perpetually enjoined from car
rying out the contract made by them
on the 3rd day of July. 1913, and
that the City of Hopkinsville be per-
petually enjoined from paying to the
Southern Bitulithic Company the
sum OF So. 500 or any other sum I'M
der said contract. And the South
ern Bitulithic Company is perpeiu-
ally enjoined from paving the streets
Of Hopklnsville under said contract
and said contract is adjudged to be
null and void, and it is the judgment
Of the court that the plaintiff recov-
or of the defendants his cost in this
action; from which judgment the de-
PENDANT. the Southern Bitulithic
Company, prays an appeal 10 the
Court Of Appeals of Kentucky. which
Is granted"