Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1883-09-02

CorxCII PRoCKKDNCA.
SEATTLE, Sept. !, 1883.
Council met pursuant 10 adjourn
ment.
Present, His Honor, Mayor II. G.
oGxuvs, Councilmen Day, Mcdonald,
Ranks, Clancy, and Rasin.
Minutes Of prsvioos meeting read and
appeoved
PETITIONS xDcUvxD.
From certain residents on Ninth
strsss, proesstine against the grading OF
that ssrsss between Spring and seneca
RaBa1ud
Prom Chin Guam 4 Charley, asking
that the sum Of go, collected a. tine,
b refunded 20 Chin Guam Referred.
From vitus Schnid, asking for q
change In the grade of Ninth street, Re
tween Cherry and Madison ssreets- Re
fsrred.
From Cummings and strong, asking
for IN extension Of time on Columbia
street. Referred.
From X. s. Greene. and other citi
Gems, asking for change Of grade on
Ninth street.
CONGREGATIONS
The Mayor herewith submitted the
following communication:
To the Common Council of the city Of
Seattle Gentlemen Herewith return
without my approval ordinance TO
amend ordinance alt, entitled 70 amend
section Is Of ordinance 3s3, establishing
osFtain grades in the city of Seattle.
Ths object of this ordnance 10 10
change the elevation of certain portions
Of the grade on Cherry street. ~ the
time q the paasARe OF this ordinance
tie city had let a contract to grade
Ohsrry street., according 70 plans and
spseiAoasious on hle. There 10 no pro-
Vision Ia the contract authorizing the
change of aid plans and specifications
by the city without the sanction If the
contractors and their sureties. Such a
provision ought TO have besn made. As
it il the contractors have failed 70 give
consent, and furthermore propose to
abandon their contract In view Of the
change contemplated by the ordinance.
The change furnishes q reasonable pre-
text for such o course. Hence, while no
other objection exists against the ordi-
nance, deem it for the interest of the
city TO withhold my approval. 90 AZ to
preserve the remedy against the con-
tractors and their sureties in case Of
breach in the contract, and 10 dispense
with the necessity Of accepting their
magnanimous Offer 10 relinquish their
claim for damages against the city in
consideration of their release from the
obligations Of their contract.
II. g. SrKUvE. Mayor.
seattle, August 81, 1883.
Action On the ordinance was post
poned, and special order made for the
Arst meeting In September.
From the Mayor, submitting the fol-
lowing veto message:
To the Common Council Of TIE City
Of 6eattle:-0 sntlemen-I regret that /
cannot approve the ordinance to pro-
vide for The payment of ffty dollars to
Nm. Chas. D. Boomer. II the oity had
authority 70 perform merit0rious acts OF
this ordinance; but in my view Of the
law, and The powers Of the city, no ap-
propEiAtion can be made except for cor
poRate purposes and no claim ought to
b paid. the payment Of which could
not b enforced ct Law or equity. When
Mr.. BeeSner paid his money into the
city treasury, and received therefor
lioouse TO transact business a. liquor
dsalss, the amount % paid became abso-
lutely paIt Of the general city fond,
and The property Of the CITY tax payers,
and subject 10 b diverted only for le-
gitimats corporate purposes. Mr.. Boer-
ner's death intsrvened before the expl
ration Of the license, and rendered the
continuance Of his business by his legal
representatives inpracticable or unde-
sirable. This WAS an unfortunate bus
inees l0ss. such AZ falls to the lot of
many people, but furnishes no ground
for Just or legal claim against the city.
The original payment was made vOlun-
tarily and for lawful purpose. and not
under mistake Of either Law or fact,
and therefor cannot be recovered.
HAVING this conception of the Law / re-
turn the ordinance for your considers
ton. H. g. 6rRUvE, Mayor.
Seattle, August q, 1888.
Veto sustained.
The City Surveyor submitted specih-
cations for the improvement Of jackson,
Battery and South Fourth streets. Spe-
oi6oations adopted. and Clerk instruc-
70 advertise for bids.
From Committee ON Streets recon-
meuding the extension of time TO Cum
minRs d Strong, on their Columbia
street. contract, according to the prayer
Of the petition.
Licences were granted to Breitsnsteiu
4 6herer, TO retail; John Bremen, re-
tail; ID. A. Jennines, Wholesale.
An ordinance TO provide for the re-
pair and improvement Of q certain por-
ton Of Front street, ut the expense Of
tho City vas passed.
An ordinance 10 provide for the pay
ment Of $500 to the Hook and Ladder
Company was passed.
Petition Of Chin Guam and Charley,
for the refundin0 Of go. Denied
Report from citizens on Madison
street, aaking for change OF grade on
that street. Referrsd.
Ordinance providing for q grade Of
Madison street, returned, and laid on
the table pending action Of the Street
Committee.
George w. Boardmau was ordered q
dnish the painting Of q City building
under his contract.
U. n. .Raisiu was elected ACTING
Mayor during the temporary abssnos Of
fhn Mav0r