Morning journal and courier., 1891-03-03
CALLING FOR LEGAL ADVICE.

1t is the general opinion that the pro-
posed purchase Of the New Haven Water
company's franchise by the city was prac-
tically killed last night by the questions
which the aldermen submitted to Corpora
ton Counsel Driscon regarding the mat
ter. ..~
When the resolutions for the proposed
purchase (which had been tabled for print
ing) were taken up Alderman Daley arose.
In order to satisfy this board, as well as to
insure fairness in the matter, said he, I
think we had better see if our ground is
secure before we take action. In my opin-
ion the whole matter is not legally before
us, for it comes under the head of an
amendment to the charter which has not
been advertised as such. therefore sub
NIT the following resolutions to the alder
men:
To the honorable court of common council:
Whereas, Various questions have been raised
to the
pany under the provisions Of the proposed act,
plication to the general assembly for such act;
therefore,
Voted, That the corporation counsel be, and he
common council upon the following questions,
namely:
First-Is the proposed act an alteration Of the
should not notice thereof have been given by ad.
vertisement in some newspaper at least three
legislature to which it to be referred stating
the proposed alteration of said charter,
Second-H such notice is necessary, has it
been made according to law?
Thirds the proposed act of an adversary
nature, and, if SO, must It not be accompanied
6y peinI q With citation to the party to
of the session of the legislature?
nature, must not copy of the petition with a
citation be served upon the adverse party at
least twelve days before the second day of the
Fifth-f it is of such character as to REQUIRE
notice in accordance with the law, and such
notice has not been given, could the court Of
lawfully bring the matter befere the pre sent
session of the general assembly.
the water company at a price not exceeding the
fair and proper expense attending the getting Of
them from the legislature?
Seventh-Is the proposed act in accordance
with the terms OF the contract made between
the city of New Haven and the New Haven
Water company in 1881?
Alderman Hamilton seconded the passage
of this paper. He read several sections of
the charter to show that the matter was
clearly an amendment to the charter.
Mayor Sargent interrupted Alderman
Hamilton to say that changes in the char
ter to the effect of making new charter
had been advertised.
Alderman Hamilton considered such an
advertisement as totally invalid. He said
| the statutes expressly state that the pre-
| else changes to be made shall be adver-
| tised.
When came into the Office of mayor,
said Mr.. Sargent, found this contract
with the water company, which stipulates
that the city should have the right at any
time to purchase the water rights, and the
water company agreed to favor this meas
| ure before the general assembly. He said
| this contract would expire before another
general assembly could convene, and he
| considered it his duty to bring the matter
before the common council.
Alderman Avis offered substitute mo-
| ton to refer the whole matter to a special
committee of two aldermen and three
councilmen, to be appointed by the mayor
Alderman Hamilton opposed this. He
said such an amendment was out of order,
as all such matters Of law must be referred
to the corporation counsel.
A lively debate followed and Mayor Sar-
gent finally ruled that Alderman Avis sub
stitute motion was in order. A yea and
| nay vote was taken and Alderman Avis
substitute was lost by vote of 16 to s.
Those voting for it were Aldermen Nc
Gam, Cunningham, Sheehan, Avis, Prince,
johnson. Callahan and Falsey
Alderman Dailey's resolution was then
counsel was instructed to give his opinion
upon these questions in two weeks, W hen a
special meeting will be held.
Alderman Prince moved reconsidera-
| ton Of the vote Of the last meeting declin-
| ing to accept the resignation of Commits
| sioner Eli Whitney of the board of public
works. This motion was passed, and the
board then voted to accept Commissioner
Whitney's resignation.
Alderman Maley, for the lamp commit
| tee, presented a resolution asking the
| opinion of the corporation counsel whether
this committee could legally appoint a
ton also Instructed the lamp committee
| has been answered. The resolution was
| passed.
| The Gibbs street matter was next taken
| up and Alderman Chandler moved the
corporation counsel be instructed to give
his opinion upon whether the Gibbs street
award, which has been passed and signed
by Mayor Peck, can be again referred to
the board of compensation. The motion
was lost by vote of 10 to 8. The board then
cOncurred with the cOuncllmen in sending
the matter back to the board of compensa-
| ton.
1t was voted to hire stenographer and
| typewriter for the use of the various mu-
nicipal boards and for the mayor.
The petition for the filling in of the
West river marshes was referred to the
board of public works.
petition asking that a committee of
three aldermen and three councilmen and
six citizens, with the mayor, be appointed
to go to Hartford and petition the general
assembly for permission to extend the
city, as recommended by Mayor Sargent in
his message, by allowing the city to con.
denim all waste lands or flats for this OK.
tension, was tabled for printing This is
a measure with the object in view of fill
ing most of the marsh lands adjoining the
city.
Petitions referred: John Hansen, Henry
w. Ball, H. J. Clark, Charles P. Brown
William H. Ball, James O'Connell, for ap
pointment as special constables; sidewalk
on Division street between Mansfield anc
Prospect streets; sewers in Exchange stree
between Lloyd street and Blatchley avenue
and in Elliott street between Davenport
and Sylvan avenues; sidewalk and grade
on Mansfield street between Hillside place
| -