The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1874-05-08
CITY COUNCIL PROCEEDINGS.

us, at least, the most beautiful.
CITY COUNCIL PROCEEDINGS.
The city council met in regular ses-
sion, May 4th, 1874, Mayor Graham In
the chair and all members present.
Minutes of April 9Th, 10th and Goth,
1874, read and approved.
The opinion OF the city attorney in
regard 10 certain ordinances adopted
by the council was presented and read.
On motion accepted and ordered on
file.
The following Was presented and
read:
COUNCIL CHAMBER, April %, 1874.
To the City Council:
At your last meeting, April 20, 1874,
you passed, by n vote OF to !, over
the veto of my predecessor, the Or
dinance entitled "An ordinance fixing
the compensation of the Mayor and
councilmen." The city clerk, by di-
rectiOn OF the council, published the
said ordinance in THE ENPoRIA News
of April Path, with the usual csrtifi-
cate attached, that it had been duly
passed over the Mayors veto, and
therefore become law.
When an ordinance is once duly
and legally passed over a veto, asecond
veto is entirely void and of no effect.
Ii the above stated action of the coun-
ell was legal, the said ordinance Is i
law, entirely beyond my power to We
to. But If said action is not legal, the
ordinance did not become law, and Is
practically a dead letter. In either
case my approval or disapproval can
have no legal effect upon the matter.
have consulted the city attorney to
ascertain If the said ordinance has be-
come 4 law, and am advised by him
that the present council has no legal
authority 70 continue or finish legisla-
ton originated by the council prior to
the recent municipal election. 1t Is
his opinion that by reason of the cleo
tion, which resulted In a change of the
Mayoralty and of three councilmen,
that this council and the council which
originated said ordinance aretwo differ
ent bodies, land that Legislation is not le-
gally continuous from one to the other,
and that only the old council had legal
power TO pass one of its ordinances
over the veto of the eX- Mayor.
i therefore consider the action of the
present council, in passing said ordi-
nance over the ex-MsyOr'S veto, as in
valid, and that the ordinance could
| not, even If / approved 1t, become a
law. l therefore recommend that the
clerk be directed to strike said ordi-
| nance from the ordinance book, or
note against it that 1t was not legally
adopted, and IS imperative and void.
Respectfully submitted,
j. Il. GRAHAM.
Mr.. Eskridgc introduced the follow
ing resolution:
Resolred, That the city attorney be
requested to dismiss the case OF city
VS.. j. ). COnwell upon the defendant
paying the city attorneys fees and al
costs in the case. Adopted.
Mr.. Lakin introduced tho follnwin:
resolution:
7 ResolCe3, That action shall hereaftei
be taken by the council on all orii
nances when reported back by tn
committee TO which they may hav,
been referred. Adopted.
The committee to whom was refer
red the ordinance entitled an ordinanc
creating the Office of city teamster re
turned the same amended, and recon-
mended It's passage. The ordinanc
! was then read and considered by sec
} tIons. Motion made to adopt a
amended. The roll was called and a
: members voted in favor of its aaloptio
5 except Mr.. Beck.
: AIr. Beck introduced an ordinance
satisfy the following claims from tn
, general fund: f. Upton, S27.02; {
l. Case, 1903; EFT. Nichols, $S5;
t Hurd, s25; J. Bay, sl01; ". II. Gi
: chriest, 1928; n. Weaver, slGe6; v
5 o. Ferguson, 80; C. ". Frederick
a $3.50 and j. B. Hinkle, - 80, whleI
e under a suspension of the rules, W;
e adopted unanimously.
The committee to whoIa WAS refel
: red the ordinance to satisfy the clai
= OF 5. Evans for SIS from the sire,
: fund reported favorably on the pessas
II OF thessme, which was taken up an
i adopte | unanimously.
The committee to whom WAS refe
red the ordinance entitled an ordinant
to repeal ordinances relating TO sid
< walks obstructed By fences reports
ia back By recommending the passage
,e the same. The roll was called and {
. members voted in favor Of its adoptio
n The committee to whom was refe
,e red the ordinance entitled an ordinan
,e TO repeal an ordinance relating to sid
a walks reported by recommending
" passage of the same. Mr.. AcCa-i
p moved that the ordinance be reterr
IN back 70 the committee with instructi
"a that they consult futher with the CT
attorney In regard to the validity a
legality of the same. Carried.
ST Mr.. Eskridge introduced the folio
NJ ing resolution:
RssolTed, That a special commits
Of two be appointed 70 take Int &C
a. sideratlon the proprietv CT codifyi
us the ordinances OF the city and rep
y. their conclusions to the council togel
he er with the best terms uopon VIII
he the services of q competent attorn
70 be associated With the commit
,i- can be obtained TO aid the commit
In In the work Of snch codificatl'
er Adopted.
The following were appointed