The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-23
FROM MIR. THOMAS r. SHEPARD.


FROM MIR. THOMAS f. SHEPARD.
SEATTLE, Dec -, 1890
To THE EDITOR: Yesterdays issue of your
paper contained on its editorial page the fol-
lowing comment on my recent communication
published in the issue OF your paper dated
December Is:
We trust that Mr.. shepard VIII not take as IN
kindly the suggestion that 1t would have been
in better taste 10 have given his views as to the
validity of the water bonds while he was the
legal adviser OF the city government, and while
the question was an open one. At the time Mr..
shepard carried the bonds to New York he
ought 10 have known whether or not they were
legally issued.
The terms of your comment are not relevant
to the matter OF my letter which you criticise.
That letter expressed no views whatever "as TO
the validity OF the water bonds but through
out assumed them TO be, they have been
twice declared by the supreme court 10 be, all
thorized and valid Those bonds were twice
attacked between the time OF their authorization
By the election OF June aud the tiTue of their
transmission. in my charge as the city S messen-
ger, 10 New York city for delivery 70 the pur-
chascrs, and the defense of their validity against
the first attack in the supreme court. and against
the second attack In both the superior and the
supreme courts Was conducted by me during
my brief term of Office city attorney. There
was no room Tor doubt OF my belief then in the
validity of those bonds, nor is there room for
the idea that my attitude is different nov. VIII
you allow me 10 say, with ali Difference 20 eGi-
torial infallibility, that il looks very much as
though you had not taken the trouble TO read
MY letter when writing your comment upon it!
Your criticism OF my course. Mr.. Editor, can
meal nothing else, then, than the same sort of
reflection upon me that was INDUCED in Ct the
length OF column IN the Times oil the 18th inst.
because OF the letter had written you about the
proposed improvement bonds / should have
paid no attention to the utterance OF the Tfsses,
but when the OBSERVATION-DISCLOSURES seems to Join
IN It's imputations upon nay professional con-
duct, it is a different matter. The gTayamen OF
the Times charge was. that during my term of
Office did not warn the common council that
the sale and delivery OF the water and sewer
bonds would tie the city's hands and prevent
the subsequent mourning OF other indebtedness
for ordinary purposes till the city assessed val
uation could be raised, while now make the
point against the issue of the proposed lin
proyemeut bonds that the issue of the bonds
already out has thus tied the city's hands. From
this supposed fact the Tiaacs seeks 10 draw all
manner of evil differences as TO the motives gov
eFning my conduct then and now. Now, the
fact OF the matter Is, as either you or the editor
OF the TiD<s could easily have ascertained by re-
ierring TO the public tiles or To your owr, that
called the attention of the council tn this very
matter during my term of Office. On September
5 the superior court held the Is
sue and sale of the water aud sewer
bonds valid, but expressed grave doubt rs 10
the validity OF the proposed antedating OF them
to July !, provided for by the contract for their
sale That evening meeting OF the common
council was held, at which / reported orally 10
the council the substance and grounds OF the SUI
Terior courts decision, pointed ont the uncer-
tainty OF the result OF the litigation IN the s,I-
pTeme court, to which the ease was to be ap-
pealed by the plaintiffs, and suggested that the
would 10 n kn
preIae court should bold the contracted sale of
the bonds for any reason invalid, whether 70
postpone provision for another election TO au-
thorize other water and sewer bonds till after the
then impending election upon the proposed new
charter and till after the incoming of the new
city government under that charter. or to hold
an election for the authorization OF new bonds
Immediately. and postpone the election for
adoption OF the charter till after such bond cleo
ton could be had, and bonds issued and placed
in pursuance thereof. The matter was referred
for consideration 10 a meeting OF the committee
OF the whole to be held on the next day. Ae-
cordingiy, on the next day fled with the city
clerk written communication on this subject,
which was published in full in the Posi- INTEL
LIGEScEB OF September :, and was read in full
by NE at the council meeting held on september
Q This communication is still on file in the
city clerks Office Iquote its last paragraph as
il appears in the files OF yonr paper:
will add that if the new charter should be
adopted and go into effect ON October IL there
would not he time thereafter 10 hold an election
TO authorize bonds to pay for the public square
appropriated out Of property of Messrs Yesler
and Boyd and the starr estate, the RinehaTt cor
ner, ana other appropriated real estate as 70
which the CITY has made contracts which call Tor
VaymenI BIZ November J. The providing Tor an
election 20 authorize such bonds has been de-
is-7es. hitherto bee2use there Is a doubt as 10
whether those contracts, being by their terms
contingent upon the assent 81 popular vote,
tbs indebtedness that would be represented by
bonds 20 be authorized Tor the same could be
legally viewed relating back 20. and dating its
existence nom the time OF those contracts,
which was anterior 10 the bond election Of June
1: and il that indebtedness could not be con.
sidered as thus incurred prior TO the mourning
OF the Indebtedness upon the Sss55.tso bonds, il
would lot be valid because y would be incurred
after the constitutional limit OF debt Tor ordinary
municipal purposes had been reached and Passed,
and hence the bonds 10 pay Tor those parcels OF ar
pr0pTiated resi- estate would not be marketable
IS there has b>en before the city government
al along the possibility that new election 70
sanction new Issue OF water and sewer bonds
might become necessary, il has seemed best 10
defer providing for an election 10 authorize
bonds 10 pay for this appropriated real estate Till
il could be known whether an election must
also be held Tor new water snd sewer bonds:
So that in mat the election a 70 ali praDoSed
bonds could DC held az once and TIE indebted
ness 10 BE- represented by the several blocks of
bonds for the esIectiyc purposes could IL
placed IN the right order, n between thar for
ordinary municipal putIoSes and THAI for water
works and sewers. - make tie former free from
any doUbs whatever IS 70 is validity. The i'm
poTtanTs OF completing the acquisition by the
city OF title 10 the appropriated real estate men
toned IS therefore further consideration bear
ing uren the question respectfully presented 20
yoUr honorable body, whether 70 hasten the
charter election as much IS possible OF 10 defer
il for perhaps a month longer than absolutely
necessary under the statute providing fey IL
When this was read 10 the council AZ its meet
inc September ?. ii was fully discussed. and on