Show VICTORY fOR LOGAN Supreme Court t Renders Decision De-cision in Bond Matter ISSUE HELD TO BE LEGAL Court Fails to bustam UDJQC tions of State Holds Municipal Corporation Mny Create Special Indebtedness Up to 4 POT Cent of Valuation I IJ Tho Slates objections to Logan Citys action In deciding to Isaac SGuOOO bonds for the construction of an electric elec-tric light plant went down to final defeat de-feat In the Supreme court yesterday afternoon when Chief Justice Baskln handed down a decision setting out if that the municipality has every right I to Issue bonds as voted by a majority major-ity of tho taxpayers of the town The decision affirmed the finding of the trial court In the case > BASIS OF COMPLAINT r The States objection to the Issuance r 1 of the bonds was based on the fact r that the town was already bonded for S5OOO and the Constitution provides 5 I that no municipal corporation can contract con-tract Indebtedness In excess of the taxes for the current year and that no town city or school district can contract debts that amount to more than 4 per cent of the value of the taxable tax-able property Indebtedness in any amount up to 4 per cent of the taxable property may be incurred only with the consent of a majority of the taxpayers tax-payers at an election held a year previous pre-vious to the time the debt Is contracted con-tracted In the complaint against Logan the State set out that Logan was already bonded for the full amount allowed under the Constitution and statutes of the State LOGANS DEMURRER < In replylng Logan filed a demurrer to the complaint setting out that the r S5000 debt was Incurred In 1892 four years before the town came under the Constitution by Incorporating On that account It was claimed that the new I Issue of bonds would not In any way conflict with the Constitution the taxable tax-able property of the city representing a valuation of 1700OGO f i ACTION HELD TO BE LEGAL Judge Buskin in his decision of ester es-ter a held that the issuance of bonds In 1S9 cannot be held In conflict with the proposed Issue for the construction construc-tion of a municipal electric plant He interpreted the statutes to provide that I a municipal corporation may create a Bpeclal indebtedness In any amount less than 4 per cent of the valuation Irrespective i1 I Ir-respective of any debts contracted previous pre-vious to the adoption of the Constitution Consti-tution by the town He placed the j costs of action upon the State The V i opinion was concurred In by Judge Bartch I |