Hurst v. City of Millersburg

OpiNxon op the Court by

Judge McCandless

Reversing.

Millershurg is a town of thé fifth class. It has a population of 1,100 and an assessed valuation of property, approximating $500.000. Under the provisions of section 158 of -the State Constitution it cannot incur a bonded indebtedness in excess of 3 pen cent, of the assessed valuation'or $15,000, “unless in case of emergency the public health or safety should so require.”

Proceeding on the assumption that an emergency existed within the meaning of the constitutional provision, supra, at the November, 1926, election, by a vote of 345 to 44, the…