The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-01-08
THE VETO POWER
FOR THE MAYOR OF THIS CITY
So.1oo1ea on with Faver by the Legislative
commlttoo-Farther Particulars About
the Matters Discussed by II at Its
Meeting = The "oIio idea"

L. The special Council Commlttee on Leg
islation ut its meeting at the City Building
Tuesday evening did not look with favor
on granting the Mayor veto power and
refused to order Solicitor Erskine TO make
any provision for the same in the proposed
charter that the Legislature will be asked
To make, provided Council adopts the COM
mittee's report. The committee was OPP
posed to the veto power even when guard
ed by provision allowing Council to
adopt over the veto by certain vote. It
was claimed by some OF the members that
Council already had the right by the pro-
vision OF the charter allowing 1t to define
the Mayors duties and fix his
compensation, to give him a veto
power, and so, in fact, it might
give him that power, but a succeeding
Council might justas easily take IT from
him. Among quite number there is
strong feeling In favor Of veto power
that shall not be governed by simple
ordinance but made lasting by one OF the
States enactments. Gentlemen do not
feel like running for and occupying an
Office in which they are merely figure
heads-automotons. to swing the gavel in
tlie First Branch and sign permits and
bonds. The veto power is one that is
found to be good one in both National
and State governments, reasons sufficient
to urge its adoption in the municipality OF
Wheeling, to say nothing OF the good eff
feet 1t has in other cities.
There was one thing. however, that the
committee was strongly in favor of that
was not mentioned in yesterdays report
and that was the incorporation in the
charter Of the "ohio idea'-so called,
which was so strongly advocated by Solic.
itor Erskine in his recent opinion on the
legal status OF the city's obligations as
represented by outstanding. orders, as one
OF the means Of ayerting in the future any
financial embarrassments. II Is taken
from the Revised Statutes Of Ohio and isas
follows: .si
"sEc. 1777. He (the City Solicitor shall
apply to the court Of competent iurisdic.
tion for an order Of injunction to restrain
the misapplication Of funds OF the corpor-
alton, or the abuse Of its corporate powers,
or the execution or performance OF any
contract or performance made in behalf
of the corporation in contravention Of the
laws or ordinances governing the same, or
which was procured by fraud er corrup.
ton.
'.sEc, ITS, In case hc fail, upon the re-
quest of'any taxpayer OF the corporation,
TO make the application provided for IN
the preceding section, it shall be lawful
ior such taxpayer 10 institute suit for such
purpose, in his own name, on behalfoi
the corporation; providing that no such
suit or proceeding shall be entertained by
uny court until such request shall have
first been made'in writing"
This, OF course. will be so modified as to
adapt it TO the law and practice Of this
State.
A clear understanding was not had by
some from yesterdays report as to the per.
sonal liability feature Of the proposed
change. After Council has made its an
nual appropriations to all the depart
ments, except those of gas and water,
which are to be left as they are, the liabil-
ity is to fall tirston any officer rorofilcers. in
any Of the dspartm who shall expend or
contract for more than the appropriation
allows; after that when the amount ap,
is all expended the liability
provisions, in all their rigors, are TO be
visited on Coun ,ilmen who shall vote for
contracts oranything else requiring money
when there is none. OF course IL is un-
ierstood that proper methods arc TO be
employed for the purpose OF aScertaining
the exact status OF all appropriations at
all times.
In making estimates for the year, the
Board OF Public Works in conjunction
with the Committee on Streets, Alleys I
and Grades, is to make estimates not
merely for that to be done outside the con-.
tingent and levy funds, but for all work,
md this estimate must be presented to
Council through the Finance Committee.
rhis committee in presenting its recom-
mendations for the various appropriations
is also to provide for contingent fund:
This must not be confused with the Board
Of Public Works contingent fund. The
me provided by the committee is 10 meet
expenses suchas are involved in damage
suits and the like. that are liable to spring
up at any time.
The framing OF tho act is no small un-
deriaking, and until 1t is presented by
Solicitor Erskine 1t will be hard work to
give a more explicit description Of the
things It will aim to do than has been
given in yesterdays and this issue. The
citys charter was framed in 1887 by Dam
lei Lamb, Esq, and was q very able docu-
ment, clear and concise; but since then
It has been so patched and altered that
scarce q vestige Of its former self re.
mains, and this makes the work of
amendment very difficult. 1t has
been suggested that the correct thing to
do would be to have n commission Of three
men, whose character would be such as
would preclude the possibility Of its being
charged that they were fixing thing" for
their own friends, go over and thoroughly |
revise the charter, making such additions
as are demanded by the times and looping |
of the cumbersome sections that now clog
things up.
FASHIONABLE FOLLY.
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