Reynolds v. City of Waterville
Supreme Judicial Court of Maine
On Report. Bill in equity, heard on bill, answers and proof. The bill was brought by the plaintiffs, being twelve taxable inhabitants of the city of Waterville, against the City, the City Hall Commission, created by special laws of 1897, c. 523, and M. C. Foster &Son, who were alleged to have contracted with .the City Hall Commission for the erection of a city building in the city of Waterville.
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On Report. Bill in equity, heard on bill, answers and proof. The bill was brought by the plaintiffs, being twelve taxable inhabitants of the city of Waterville, against the City, the City Hall Commission, created by special laws of 1897, c. 523, and M. C. Foster &Son, who were alleged to have contracted with .the City Hall Commission for the erection of a city building in the city of Waterville. The act of the Legislature which came under consideration by the court in this case provides, among other things, (Sect. 1) that the mayor of Waterville for the time being, and four other persons…
1Opinion of the CourtPeters, C. J.
The constitution of this State provides that no city or town shall create any debt or liability, which singly, or in the aggregate with previous debts or liabilities, shall exceed five per centum of the last regular valuation of said city or town.
In interpreting this constitutional provision we believe we would be willing to adopt the middle doctrine on which some of-the authorities stand, called by counsel for respondents the rule of reconciliation, which allows a municipal corporation, although its indebtedness has already reached the constitutional limit, to make time contracts in order to…
2Cited by23 opinions
- Dean v. KuchelCalifornia Supreme Court · 1950
- Voss v. Waterloo Water Co.Indiana Supreme Court · 1904
- Paine v. Port of SeattleWashington Supreme Court · 1912
- Baxter v. Waterville Sewerage DistrictSupreme Judicial Court of Maine · 1951
- State Office Bldg. Commission v. TrujilloNew Mexico Supreme Court · 1941
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