Show OF WATER BONDS IS boffl BEFORE aare SUPREME COURT 0 URT on mondy udy L A mcgee azura Is lor or A J lee fifed in the court papers papermaking aking for a cl ibe the issuance issuance mst raiDing order a d the water bons bon 3 by the cw c brief were to be filed I 1 in n fly aye 0 y nd 14 fie the case submitted XU out oral orial truant riu ment A decision should be eded down early next week the bemid baa has access to all files in the CLO aad ad in its account of the action it atah ill I 1 writ rit of prohibition restraining the city of 0 price f aiom om issuing bonds to tie the amount of voted by for the purpose of suppell ig ng price prize with water and to improve the water woi ks owned and controlled b iy ay the city of price WAS sought it i ibe the supreme court yest aday the re lining order is asked the municipality of price george A wootton mayor the city to ionn uncil cil city recorder and the city treasurer rea surer and is asked by arthur lee st a resident and taxpayer of the ity city of price the bond issue hi th que question tion wis was vot hotd d on march 8 1910 eleven votes being recorded against the proposition OB while were cat bait t in favor at the lie issue it is set forth jn the affidavit that te be assessed iss essed valuation of all property in i price a tai e year 1918 is 17 9 that on march 8 last the total indebtedness of price was that nt the city of price now has in its sicking find fund for the payment of this the sum of and abut for r the reason hereinafter the proposed bond issue of is in excess of the maximum amount of bonded indebtedness that cin be lawfully incurred and that the city erroneously proceeded on the theory that by virtue of section compiled laws of utah 1907 as a amended 1911 sessions laws ani atil 1917 1 session laws section compiled laws of utah 1917 tatt th vt it might lawfully become iacome indea J d to an amount not exceeding in its the aggregate 12 per cintrin of the val te of the taxable property of price when in fact the city had bad no such legal right to become indebted in an amount mount in excess of 8 per cent of the value of the taxable property it is set forth that the statute was as attempted to be enacted by the legislature pursuant to the provisions on last page pagel af WATER BONDS BUNDS continued from page I 1 of section 4 0 of fart article icle it 14 of abt ht con which section and article was to be amended by virtue of a house joint i ItOl suitor no G 6 on february 4 WOO but which laid said solution I rao lulion waa wa not en on the respects res se journals of the two housea houses of the aa as required by utricle 23 of be he cons tito to tion of thu state nj that thereso tb the ereso reeo lulion lution was not entered ente reil n the journal of the bouie houle but the only batry on the bouse house journal dunne during any of the deliberations bad had aa a wa lion tion was A joint revolution reho bo lution ProPos proposing irla an amend merit to section 4 of article artic I 1 e 14 of the constitution of the state of utah in relation to the limit of in dj redness of citie cities town and school district districts ws was read ahr thaid time and placed on its final aln 11 passa ep the resolution on the following roll rol call leall affo 16 na 0 absent and not voting I 1 0 the ath oth davit points out thit th it in I 1 view bf this therris n authority in LA low for price to bond llala in any amount exceeding 8 per cent of 0 the isae sed valuation vilu ilion which would be frt m it aich should be beda d ducted 37 ow outstanding leavine leaving the amount which could be issued but it must be remembered that mr lee is really acting on behalf of the city in order to ret get the question of th the e legality of the boada bonds before the supreme court and get it f ettla tre bond corn piny which purchased ed the bonds has reused to tike them 0 a 3 was staled state a last spelt claiman g hat they were tot awfully aw full is ut ud u d ahey 1 hey base their cun contenti on on the ame grounds on which mr bises bases his suit should the au supreme pr eme coart iule jule against the city u 0 O e other way to rise rase the rest of the I 1 cost of the pipeline above the thol that can be raised by bords bards n roust lust be foun i 1 |