Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-13
STREET CONTRACTS
DECLARED ILLEGAL
Mount Rainier Citizens Bring
Action Against Council
and Road Firms.
By a Stan Correspondent of The star.

By O Stan Correspondent Of The Star.
UPPER MARLBORO, Nd, August
accomplishing that two contracts
for street paving In Mount Rainier have
been awarded illegally. two residents Of
that town yesterday filed an equity suit
in Circuit Court here against the mayor
and council and the road contractors.
The compliments are Rufus z. Milor,
who describes himself as "one Of the
largest property owners and taxpayers
in Mount Rainier" and Henry J. Null
holland. Both claim, through their
attorney, Charles B. Calvert, that they
will be specially assessed under the
road contracts between the town and
Jarboe d Houghton Construction Co.
and the Fred Loomis Construction Co.
They also purport to bring suit on be-
half Of all the other property owners
and taxpayers of Mount Rainier.
Counsel Makes Statement.
Bird H. Dolby, corporation counsel,
speaking for the town ofdcials, this
morning said he did not believe the
charges in the bill Of complaint could
be sustained and declared that the
suit would not in any way effect the
work on the streets, which when COM
pleted will prove permanent and val
liable asset to the town. The con-
tractors will continue their operations,
Dolby said. The town will have to file
its answer by the middle of September.
Citing the final paragraph OF the
bill Of complaint which states "the
court will take judicial notice Of the
fact that only in rare instances are the
municipal officers Of the town of Mount
Rainier men Of proper experience, sa-
gacity or Of proper respect for well
established rules OF moral or legal re-
sponsibilty." the corporation counsel
claimed that is all the answer the
town need make"
That paragraph clearly shows the
mental attitude Of the man who filed
the suit" Dolby declared There is
nothing In it but animosity. The
statement Is in effect q knock at the
voters"
In a bill Of complaint eight tyne
written pages long, the citizens ailere
that the contracts for the road work
bring the indebtedness Of the town to
a sum in excess Of 8 per cent of its
aSsessable basis, which Is in violation of
the town charter; that the meeting at
which the contract to the LOOMS Con-
struction Co. was let was not conducted
according to the mandatory provisions
OF the charter and that an act Of the
recent Legislature amending the assess
ment plan OF the town is unconstitu.
tionM and void.
Complainant Requests Listed.
They ask:
!. That the court issue q temporary
injunction restraining the MAYOR and
council from borrowing any money or
otherwise proceeding with the contracts
with the defendants until the final de-
ordinations Of the other orders Of the
2. That, If the court finds that either
OF the contracts is illegal and void, their
execution shall be permanently re-
strained and any payment under them
enjoined.
8. That If the court shall find that
the mayor and council have reached the
limit Of its power to borrow money
under the terms Of the statutes cited in
the bill Of complaint, 1t shall enioin
the town officials from doing anything
In connection with the borrowing of the
The compliments review in detail the
Mount Rainier. They claim that those
made this year are illegal, inasmuch as
1t Is alleged the assessors made q lump
general average assessment instead OF
assessing each piece Of property sepa-
rately. They further contend that the
assessments did not become operative
as to the road contracts, because the
latter were executed prior to the time
the new assessments became final.
Indebtedness Angle Cited.
Dealing with the specific sums, the |
bill Of complaint states that the 8 per
cent limitation on indebtedness at the |
time the contracts were awarded was
$l93 ,096.0S and that the outstanding
Of the town at that time,
under the limitations Of the act Of
1927, was about $l93, 900, which. allow
ing for a redemption, as provided by
the act, would make an outstanding in |
debtedness, when the contracts were |
awarded, Of about $173. 900, and In ad- |
dition there was an outstanding indebt- |
edness under the act Of 1920 Of $4,000. |
The contract with Jarboe & Houghton |
was for $64,727.87 and that with the |
LOOMS Construction Co. $50 ,210.6O, &C |
cording to the bill Of complaint.