The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-08-31
TWO GRAVE ERRORS.
Ordinances Discovered to be
Null and Void.
THE BOND InJuncTIon SUIT.
A Saturday Night Session with Serious
subject-A Large Batch Of Ordi-
nances Passed.

Within q veryfew minutes the city
council was subjected to several surprises
last night, two of which were of very dis
agreeable character. The rumors current
for the past few days of an injunction or
der to restrain the city from issuing the
water bonds, found express ion in the pro-
ceedings reported as taking place in Judge
Litchtenberg's court. There was consider
able murmuring at the unusual course in
calling for an extra session OF the court at
a late hour on Saturday night. The
complaint raises no new point except that
by the payment of the commission and the
accrued interest, the actual rate of inter-
est bad been raised to 5 per cent.
The statement of Mr.. Shepard was re-
ceived with considerable indignation, and
the members expressed their determina-
ton to illustrate the conspiracy" as thu
proceeding was characterized. The MEM
bers of the council will be present at the
hearing on Thursday next.
The mex; surprise was that the three or
dinances drawn by the city attorney, S. II.
Piles. making contracts with Yesler and
Rinehart for the purchase of their corners.
were Invalid because they had no title. The
work will have to be done all over again.
This extraordinary omission. taken in con-
nection with the assertion in the complaint
of Judge Lewis that the original ordinance
in the water bond election had never been
published, caused another burst of indigna-
ton. The statement that 1.-THE ordinance
had never been published" has reference to
the discrepancy between the ordinance as
passed and as published, the difference be-
ing in the substitution of the word voting"
for SHALL One version of the matter is
that the original was lost, and another
drawn up or the rough draft revised from
memory and published without the for
mality of going before the council again.
The third surprise was an unofficial one,
and was comprised in the information that
City Attorney Shepard will at the expira-
ton of his term become associated with
Judge Burke and Mr. Wood in law part
nership under the firm name of Burke,
Shepard & Wood. Embryonic candidates
for the Office of corporation counsel will
now blossom out.
The tax ordinances were passed last
night, when the levy of "a mills for inter-
est on the water bonds was reached, Mr..
Hall interrupted TO ask what the city
would do with the interest if the bonds
were knocked out"
'Refer the matter to Judge Lewis" said
Mr.. Twichell.
81 reply by asking another question:"
said Mr.. Shepard. What will the city do
If the bonds are invalidated and there is
no water tax?"
1t was decided to pass the ordinance and
take chances on the bonds being issued.
Councilman Twichell had the satisfaction
of at last passing his measure for better
protection OF the northern part of the city
from fire. by the establishment of hydrants
along the mains from the Spring Hill
reservoir and OF the Lake Union Water
Company. He has worked at this per-
sistently for long time, and had many
obstacles TO overcome.
THE INJUNCTION SUIT.
The city attorney announced that suit
had been brought by H. L. Yesler, ID. T.
Denny, Hilov Butler, w. II. Humphrey,
d. Kellogg. P. II. Lewis. Amos Brown,
Dexter Horton. E. NJ. Smithers. G. o. Hal
Ter and George Kinnear, to enioin the city
from issuing the water bonds and calling
upon the city to show cause why q re-
straining order should not be issued. He
had shown the court that the bonds could
not be ready before the 18th, but he had en-
tered into a stipulation that they should
not be signed until the hearing had been
had. He mentioned that ]. r. Lewis was
the attorney for plaintiffs.
Mr.. Shepard continued that it would be
as well to suspend proceedings upon the
ordinance directing an election for the
bonds to pay for the Yesler avenue corner
until the proceedings should be closed in
the suit.
81 find il will be necessary to draft new
ordinances to cover the contracts. There
are three of them, and neither has any
title" said Mr.. Shepard.
The complaint, which is a very voluml-
nous document, recites that ordinance No.
/ .343, submitting the proposition to the
people for the contracting of the debt and
issuing bonds. had at no time been pub
Eshed and is not yet in force; that the ordi-
nance contained more than one object;
that by the terms and conditions of the sale
of bonds to Harris & Co., the city, under
the name OF commission and accrued inter-
est, in fact sold the bonds to Harris & Co.
al per cent. less than their par value.
The last is the only new feature, all the re-
manning objections being the same as in
the suit before the supreme court.
Mr.. Mckenzie said there were no means
too low for the combination which had sue
ceeded in inducing some good men to join
in the plot TO secure the water-works from
the city with a franchise that will be worth
S.. 900 600 in a few years. He thought the
council should not fail to let the people
know what was being done. Already they
had caused the city loss of 10000. and
he hoped the city would realize that the
people had some rights as well as the
sharks.
Mr.. wallingford said he was glad Mr..
McKenzie's eyes had been opened to the
plot which had been begun bv attempting
10 cast odium on the chief engineer.
After a short talk the matter was left
until after the hearing, which is fixed for
Thursday next, September l.
CHARTER AND ORDINANCES.
A proposition was submitted to make a
copy OF the proposed charter, for record in
accordance with the requirements of the
law.
City Attorney Shepard said there were
fifteen DAYS after the election in which the
work could be done.
Mr.. WalIingford said they had better
wait TIL they saw whether the charter was
adopted.
This led to discussion OF the necessity
for sndexing the ordinances, and il was de-
cided to have the city attorney and city
clerk 90 it.
FIXING POLLING PLACES.
An attempt was made TO fix the polling
places. but Mr.. Twichell said ii was difficult
TO find places in one or two precincts suit