The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-01-22


and Is not obnoxious to any constitutional
provision But il there Is any doubt they
could strike out those sections. and it
will remain only validating act.
The ordinance which lie had prepared
also repealed the boundary ordinance. A
| petition was presented Tor the annexation
| of certain territory and the ordinance was
drawn in accordance with it, but the de-
scription in that petition was wrong The
| description can be corrected in few min
utes and will only delay the election some
| what without doing any mischief. fit Is
postponed till the date of some other cleo
| ton, il will be great saving 10 the city,
In regard to the petition, the outstand-
| ing debt was ssD0,00o, and is increasing.
| The claims in these local assessment dis
| tricts ought 10 be turned over to him for
collection. He believed most of them
could be collected. and If he were author
lied to accept the original amount and
part OF the interest, he should be allowed
TO submit propositions in SUCH case TO the
council. If the city gave it 10 be under
stood that these claims would be pressed,
many persons would pay without suits
Miller asked whether the election for
extension of the city limits, bond issues
and for aldermen could be held at the
same time without inyalidating the bond
ordinance.
Judge Jacobs-I don't think the bonds
would be invalidated. though lawyers diff
fer on the point. l have drawn a bill
allowing the city council, where mistake
has been made IN the description Of a local
assessment district TO amend that ordi-
nance at any time and 10 correct irregular
tiles in the assessment. Another difficulty
was that there was no law providing for
payment of damages for widening or
changing of grade of streets. The code
commissioner had been bothering his head
about this. Another question was the
- e t - Ssfl oil - xs
due from the license fund. He had en-
tered a demurrer. and Judge Blake, of
Spokane, had sustained the same demurrer
III a similar case. the ground of which was
that general laws do not repeal local laws.
In answer 10 Mr.. Pontius, Judge Jacobs
said that he was not attending 10 the street
grade cases as Ronald q Piles had not
been discharged. They wanted to throw
up the contract, but the ordinance had not
passed the house of delegates.
Mr.. Miller said the ordinance lay in the
hands of the Judiciary committee of the
other house and that committee was work
ing To give the contract to the same firm,
which had taken In new member.
Jacobs-If | take up the cases / shall
put the business in the hands oftwo other
lawyers. and / see no reason why they
should not be closed in year. There are
100 to 1J0 of those cases which stand at
every stage. Some stand only on the COM
n
ing ire for three or four years.
The ordinace repeating the ordinance
authorizing the new bond issue was read.
Snyder said he had never been able to
find ont what the debt of the city was.
Judge Jacobs asked the council 10 in
dorse his validating bill. but recommended
that sections and 5 be stricken out In
reply to Captain Snyder. he said that since
the bond issue of 1851 900 was ordered
judgments had been obtained which must
be added TO the amount of the debt. The
rest was contingent liability, of which
the amount could not be stated. In suits
for scrip he could confess judgment against
the city and thus avoid the expense OF a
trial, but he had been so unfortunate in
his stipulations-
President Hall finterruptingl When
you got on a rams horn.
Judge Jacobs, continuing-That he had
fought many cases where he had not
ghost of show.
The validating bill was amended as
Jacobs suggested. and was endorsed
Mr.. korn moved that a committee of
council go TO the legislature to present the
bill. Miller proposed that il simply be
sent to some member who would present
it. Milier's motion was adopted, and the
bill was referred back to Jacobs for verbal
amendment and engroSsment.
WILLIAMS SHUT OUT.
The protest of Benezette Williams against
the discharge of ]. f. Wilmer, his repre-
sentative, was read, together with the or
dinanee organizing the Office of the city
engineer. This latter empowers the city
engineer TO employ consulting engineer,
who is TO work only under his directions.
IL provides that no engineer shall be en-
ployed under any previous ordinance or
otherwise than under the city engineer
Wilcox moved to place the ordinance on
final passage under suspension ofthe rules
Fontius moved 10 refer the ordinance
to the Judiciary committee. Wilcox pro-
tested against further delay. and urged
that Williams contract be explicitly re-
pealed. He contended that the contract
with Harris X Co. for the sale of the bonds
had been so drawn that the money could
| not be obtained without Williams media
ton as consulting engineer.
President Hall said that the ordinance
cancelled that contract by implication
Mr.. korn urged immediate settlement
| of the matter.
Mr.. Miller said that by passing the ordi-
nance they would be rid of Williams, and
| the sooner they passed it the sooner they
would put an end to his per cent COM
| mission.
Captain Snyder said that there was now
no means of employing anybody to take
| charge of the sewers and this ordinance
| gave the city engineer power to employ
| an assistant for that purpose.
Mr.. Wilcox urged the necessity of get
| ting rid of Williams
President Hall said they favored that
| but the question was the manner of doing
! 1t. This ordinance annuls the contract
! with Williams and the matter win be set
| tied IN the courts. But Harris & Co. NAV
! say that they bought the bonds for the
| construction of water-Works under the
| supervision OF Williams and NAV refuse to
| take the bonds until the question of the
legality of Williams contract is settled.
| Mr.. Wilcox-This ordinance allows the
] city engineer to employ Williams
! President Hall-Mr. Jacobs, if this ordi-
nance Is passed, could the city go on and
! draw money from Harris IL Co.
! Judge Jacobs-I could not give an opin-
/ ion without seeing the contract. This
! ordinance throws all the responsibility on
| the city engineer. II NAV delay the paw
/ mont of the money for the bonds. if Har-
| riS contract reads that the call for money
must be made by authority of Mr.. Will
| Jams.
President Hall asked whether this view
| was correct: that Harris contract reads As
| described, mentioning Williams by name
| as the person to make acquisitions on
| them; that If on the passage Of this or,iin
! ance City Engineer Gardner would make
! calls for money and Harris & Co. would re-
| fuse 10 pay on any but Williams call
| Williams would enter suit and that would
! end has contract Would that DELAY nav
! mcnt of the money?
Judge 1acobs-If Williams sues the
city, that ends his contract. There is
/ more danger of his not suing the city and
causing delay IN payments by claiming 10
! be- still the engineer.
| Mr. Wilcox proposed 10 pay Williams
| his commission on his estimates If ~.