Show I CITY BOND CASE HEARD Arguments on the Validity ofFending of-Fending Issue THE LIMIT OF INDEBTEDNESS Supreme Court Heard Arguments on tho Petition for an Injunction to Prevent tho Mayor and City Coun cil from Issuing the 3250000 Waterworks Wa-terworks Bonds Taken Under Advisement Ad-visement and Will Probably bo Decided This Week Importance of the Decision to the Municipality I The question of the validity of the pending Issue of 5250000 waterworks Improvement I bonds was argued before a full bench In the Supreme court yesterday I yes-terday and taken under advisement The somewhat urgent nature of tho ease was represented and a request made that tho court render n decision II as expeditiously as possible The court gave no Intimation of when it would hand down an opinion but it Is rather expected that It will do eo this week The case came up on the relation of W P OMeara for an Injunction against Ihe Mayor and the City Council restraining them from Issuing the I bonds In question for the alleged reasons I rea-sons that to do so would exceed the citys legal debt limit that the City I Council had canvassed the returns of I the bond election on the Friday following follow-ing the election instead of on tho Monday i Mon-day following nnd that the City Council I Coun-cil had foiled to ratify the action of i I Its Committee on Finance In the selec t lon of polling places for the bond dee ton For each and all of those reason I I It was alleged that the pending bond I issue is gal I PETITIONERS GROUNDS The chief point in the argument mado by Attorney Hoppaugh for the peti I tioner was that the issue would exceed the citys debt limit In support of his 1 contention section 1 article 1 of tho I State Constitution was cited which provides pro-vides that no city shall become indebted I indebt-ed to an amount including existing Indebtedness I In-debtedness exceeding I per cent of tho value of the taxable property therein provided that any city may incur a larger indebtedness not exceeding 1 per cent addition of the value of Its taxable property for supplying such ers city with water artificial light or sew Counsel argued that the total indebtedness Indebt-edness of the city Including the proposed pro-posed Issue of 250000 would be 2708 000 n little over S per cent of the taxable taxa-ble value of the property which moV6 than swallowed up the 1 per cent allowed l al-lowed for general purposes and the 1 per cent allowed for tho specific purposes pur-poses of water light or sewers Ire contended that thc city had exceeded its 4 1 per cent for general purposes and that the excess should be taken into account and deducted from the amount of debt which might be Incurred for specific purposes so as to keep the total to-tal Indebtedness within the 8 per cent lImit The Irregularities In the canvass of tho returns o the election and in the selection of the polling places counsel held were suIIlcSent to Invalidate the bond election and necessitate a now election 1 CITY ATTORNEYS CONTENTION On the other side of the question City Attorney Stephens argued for another an-other construction on thr clause In tile Constitution regarding the percentage of debt cities may Incur He contended contend-ed that it was the plain meaning of tho section and also the Intent of the framers fram-ers of the Constitution that cities might incur n debt of 4 per cent for the specific spe-cific purposes of water light and sewers sew-ers those being absolutely necessary Improvements for the welfare or even for the existence of n city Independent Independ-ent of any Indebtedness the city may havo Incurred for general purposes The Irregularities In regard to the canvass and the polling places counsel coun-sel argued were mere technlcaltles Insufilcient to invalidate the election The main point at issue was the question ques-tion of the limit of Indebtedness and counsel on each sido cited numerous authorities In support of their respective respec-tive constructions of the section of the Constitution OVER 1000000 INVOLVED The decision of the court Is of great Importance to the city as It involves not only Its right to Issue the present 250000 in bonds but about 1000000 more which is needed to complete the Improvements to the water system as planned out and which It Is proposed to issue If It can be legally done |