Show FRIENDLY SUIT TO Tn TEST VALIDITY OF TUNNEL BONOS The Colorado supreme court will pass upon the validity of the Mo Moffat Hat tunnel district bonds before they are issued Suit has been started in the court courtat courtat courtat at Golden in Jefferson county The suit is in iii the form of injunction pro pro- The plaintiffs plaintiffs Mrs Mar Marj L. L of Denver and Frederick FrederickA A A. A Metcalf of Steamboat Springs Springs- ask that the members members' of the tunnel commission be enjoined from in an any anyway anyway w way y proceeding with the enforcement enforce enforce- ment of the Moffat tunnel Improve- Improve meI l district law with the sale 01 of bonds or with the assessment or property within the Moffat tunnel and from proceeding any further under and by virtue of tin thC I I pretended authority conferred upon them by the general assembly of or orthe I the state of Colorado that all of the proceedings taken under and b by I virtue of the Moffat tunnel improvement improvement improvement im im- provement district law by the commission commission com coat mission be declared null and void and of no force whatever and for fori i such other and further relief as the court t may ay de deem m meet and proper Members 1 of the tunnel commission commission commission commis commis- sion although declining to go into 4 an extended discussion of the suit suU before an examination of the complaint complaint com cone plaint announced through Norton Montgomery the commissions commission's legal adviser and chief author of the tunnel tunnel tunnel tun tun- nel act that they are welcoming the suit because a favorable decision by bythe bythe bythe the supreme court which they confidently confidently dently expect will make the bonds much more saleable and result in inthe inthe inthe the realization of a better price for forthe forthe the securities by the tunnel district Attorney Montgomery announced he would file the commissions commission's answer answer answer an an- at the earliest possible date so as not to lose any time in bringing about an adjudication of the questions questions ques ques- raised by Mrs 1 and Metcalf It is possible he lie said that 1 if District Judge Samuel W. W Johnson Johnson Johnson John John- son of the first judicial district Is willing the case will be tried and i taken to the supreme court at once Attorney Edwn H. H Park counsel for forthe forthe the plaintiffs has promised his help and cooperation in bringing about a speedy trial The supreme court is not in vacation vacation vacation vaca vaca- tion for the first time in many years during the summer months Following Following Following Follow Follow- ing the regular July announcement day the court Instead of ning n- n ing for the term simply recess recessed d. d This step of the court makes it possible possible possible pos pos- sible for its members to take talce up the case and consider it as soon as it is brought up from the Jefferson Jeferson county county county coun coun- ty district court No time will be lost and a final decision can be had by the time the tunnel commission Is ready to let the contracts for the big bore I I Generally speaking the complaint prepared by Attorney Park is based upon the Interrogatories submitted to the supreme court by Governor Shoup when the general assembly was considering the tunnel bill The complaint contains all of ot the questions questions ques ques- asked of the states state's highest court by the governor but instead of asking the court whether or not nOl nota nOla a cerain provision of the act violates the constitution of the state or at the United States the complaint allege alleges that the constitution has teen been vio vio- Following are principal allegations in support of the prayer for an Injunction in injunction injunction In- In junction The issuance of the bonds bond will create a cloud on the pr of the plaintiffs and will depreciate the market value of their property and I I will prevent them from selling It at atas atas i as good a ra price as it c cud could u d l be gold for were It not for the bonds levying The methods of ot apportioning the pretended benefits to the real estate were attempted to be made without t ratio proportion scheme or plan the benefits are arc purely guess work and that the only benefits which might accrue will accrue after atter the tunnel has been drilled and put Into operation and they will accrue to all of the property in Colorado and not in the tunnel district alone The method of apportionment and levying assessments creates an unreasonable unreasonable un us- reasonable bu burden n. n against g the the prop prop- ert erty in the district arm anti creates liens Hens for tor an unreasonable length of time and to that extent I Is hi taking the property without compensation compensation com compensation com com- and due process of law The pretended assessment Is unjust unjust unjust un un- just and without any regard to any special benefit that might possibly accrue and it Is unlawful unlawful un un- unlawful lawful because not based upon dIstance distance distance dis dIs- tance from the tunnel front foot or area basis or other basis by which the justice or reasonableness of the benefits can be measured The so-called so assessment are liens against the lots and land in the district district district dis dis- and are subject to tax sale The Moffat tunnel Improvement district law is unconstitutional because because because be be- cause It violates the article forbidding forbidding forbidding forbid forbid- ding special legislation and because by it the tho general assembly seeks to delegate to a a. special commission the tho power to make and supervise municipal Improvements to levy taxes and perform other municipal functions The tunnel law violates tho the four four- amendment to the constitution constitution tion Uon of the United States in that it abridges the rights of citizens in that it denies them the equal protection of the laws and takes their property proper proper- ty without due process of law The tunnel bill violates the state constitution in that it to create a debt without submission of I the question to the qualified voters volen- of the district that the tal powers of Denver a home rule city are Invaded and that it attempts attempt the railroads railroads rail rail- to aid private corporations the corporations roads The general assembly exceeded exceed exceed- ed Its power when it enacted tin tiu tunnel law the forbids enactment of a law which permits taxation of property for the theo o of a tunnel not devoted devot devot- ed to public use and that the la law lave lawis is unconstitutional because all the property in the district will be taxed taxed tax tax- ed for a tunnel which does not in ID any manner recognized by law benefit the taxpayers because no no noone one of them is the owner and operators operators oper oper- o of a railroad or a telephone or telegraph line Mrs l and Metcalf the plaintiffs are wealthy property own own- ers ers They have brought the suit It Itis Itis is said not for the ithe purpose of obstructing obstructing ob ob- the construction of the the- tunnel but for the purpose of haTing harIng haying hay haT Ing the supreme court pass upon bonds before they are offered to th tin public for investment They are suing for fol themselves and for all aU other persons situated as them then solves selves Attorney Park made the follow following following ing lug statement regard regarding in the suit It is neither my nor my clients intention or desire to tie up the undertaking undertaking undertaking un un- un- un and I will be glad to cooperate cooperate co operate with the commission in bringing the matter to a hearing an as soon as practicable both before th thA district court and before the supreme supreme supreme su su- su- su preme court should the case be ap ap- ap- ap pealed Neither myself nor my clients are opposed to the construction of the tunnel or to paying our fair falI share of tho the assessments to pay the bonds honda if such assessments are ever required for or such purpose but In view of or the fact that doubts have been expressed as to the constitutionality constitutionality constitutionality of the tunnel tunnel act act and as to th the legality of the procedure which has been adopted by the commission under the act and and in view vie of the further fact that my my clients are large taxpayers I and my client client- are desirous of having the legality of both the act and the commissioners commissioners' commission commission- ers' ers proceedings decided by the court so that It will be determined beyond question whether their property property property prop prop- erty will be subject to the tho pa payment ment of and security for the payment of the tho bonds o 0 |