Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1892-01-21

m;tted.
TT. Nc0Aaas
Mr.. Fremont Skeels:
We hand you herewith the question
submitted to Us. together Win OIL
answers 70 the same. The natssr u
net free from doubt. tut Ne have
reached the following conciusions;
Subdivision Of Howeil's Annotated
Statutes confeu upon the Board o.
Supervisors power and authority ito
cause TO be erected the necessary build
ings for poor houses, jaiis. clerks Of
ices and other county buildings. and to
prescribe the time and manner OF
erecting the same"
The latter part OF this sixth sub-civl-
sion is the statutory authority for the
purchased OF vault fixtures bat this power
can net he exercised without vote
OF two-thirds of ali the members elected
To such boarc," NJ provided BY section
asa OF Howell's Statutes.
The procesdinrS Of this board show
that power Was not exercised in accord
ance with the statute. and therefore
we are OF the opinion that the Board OF
Supervisors did not award the contract
70 the Fenton Metallic company BY
adopting the majority report OF the
committee by = vote OF % yeas. 10 nays,
absentees and not voting.
We are also of the opinion that the
Board Of Supervisors did not award the
contract TO the Fcn,on Metallic COM
pany BIZ adopting the LOOMS rcsolu-
ton without yea and nay vote.
We are also OF the opinion that the
articles specified in the bid OF the Fem
ton Metallic company. When placed IN
the building, would become fixtures;
they would be made to carry out the
obvious purpose for which the b1ilding
and offices were erected, and TO per-
pantly increase the value OF the
offices for occupation aud use, and we
think would become, when placed
there, part q the realty, although re-
movable without injury either TO them.
selves or the building.
We think the foregoing will sufiici.
entity answer oil the questions submitted
to us. Respectfully submitted,
UKL 4 CRANE.
Dated January Is. 1892.
Conference.-The undersigned a min
ority Of your committee to whom wa,
referred certain questions relstive to
the vault fixture controversy, and the
resolution OF the gentleman from the
Second ward. also to obtain legal coun.
sci thereon. which opinions arc cub
mitted with the majority report and
are somewhat conflicting.
Ihave been unable TO agree with the
majority Of said committee, one reason
being that feel positive - to the IN
tent at the board in adopting by Z
majority Sote the Fsnton bid. Farther,
we have the opinion Of our legal id
wiser, that the county 10 bound by the
action of the board 70 the Fenton com.
pany, while the honorable gentlemen
Uhl and Crane have given their opinion
quite adversely 70 that Of the prosecut.
ing attorney, yet admit in taeir opiu
ion the question 10 not free from doubt.
Therefore cannot give my vote or in
fluence for any move which 10 almost
certain to involve the county In an OK.
tensive obligation.
Respectfully submitted,
j.. 7. GOULD.
Mr.. ]. W. Walker moved that th'
majority report be adopted.
Lost by the following vote, the yea
and nays being called for:
Yeas-Benjamin. Fchsenfeld. Gill
Hogadonc, LOOMS, Proctor, Rotcrts
Rosenberg. Schermerhorn, Skcels, Sui.
Ivan, Ulrich, j. w. Walker, Ward
Chairmar-l5.
Nays-Bergin, Clements. Coburn
Colson, Emmons, Frost, Gould, Ravens
Hill, Kinney. Lsdncr, Leppink
O'Leary, Potter, Plumb, Sinclair
Smith, Smits, David Walker, Watkins
Z. c. Woodwork, w. F. Woodwork
%.
Mr.. Sullivan moved that the chair
man and clerk Of this Board he in
struc.cd to sign the contract with tn
Fenton Metallic company. provided
the bond presented by said company
in their Judgment sufficient.
Carried by the following vote. Mr.
Gould calling for the yeas and nays:
Yess--Meesrs. Bergin, Clements
Coburn, Colson, Emmons, Fropt, Gould
Havens, Hill, Kinney, Ladner, Leppink
o'Leary, Potter. Plumb, Sinclair. Smith
smi,s. sullivan, David Walker, Wat
kin.. T.. c. woedworth, w. r. Wood
worth--2S.
Nsvs-Messrs. BENJAMIN. Fehscnfeld
Gill. Hcgadonc. Looms. Proctor, Rob
erts. Rosenberg, schcrmerhorn, skeels
ulrich, J. w. Walker. Wards.
Not voting-Chairmau.
ON motion OF Nr. J. W. Walker, tb'
hoard adjourned until tomorrow Of
o'clock in the forenoon.
LEWIS A. souoxos,
Chairman.
CoRSEIIrs l.. HARVEY,
Clerk.
AMuSEMENTA
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