The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-04-13
BONDS OF THE BOARD.
A Silly Report as to Legal Quail
ficatiOns of Members.
MAJOR RINEHART's REToRT.
NO Bonds Fixed by Ordinance for the
board OF Public Works-An In
stance Of False Economy.

Inc Democrats are becoming maddened
with an unappeased hunger for office, and
the organ" dances crazy Jig in its ex-
cited clamor for more vacancies. 1t was
declared yesterday that in ''the eyes of the
law there was no board of public works,
because the members had not filed bonds,
although it is perfectly well known that
no ordinance fixing the amount of bonds
mas ever been passed. This is defect
which the present council can remedy, but
the proposition that offices are vacant be-
cause the council had omitted to do some
thing which the charter directs it to do,
and which could be done by no other body,
is simply silly.
Hon. Orange Jacobs was asked yester-
day by a PosT-INrELLIGENcER reporter
what he thought of the point of law"
that the members had vacated their office
by failing to comply with a law that did
not exists
'My connection with the city govern
ment has been severed" answered Mr..
Jacobs. land have no further advice to
give or legal opinions to write"
His attention was called to section 4 of
article XIX. of the charter, which pro-
vides that every officer of the corporation,
before he enters upon the duties of his
office, shall give such bond as may be re-
CURED by law or ordinance.
VERY well" answered the judge, "whIle
your statement is substantially correct, 1t
is not strictly accurate. When so re-
quired by law or by ordnance is the
language OF the charter. Will you please
point out to me the law or ordinance that
requires the members of the board of pub
lie works to give bonds? They are only
required to give bonds when a law or
ordinance demands it. Does the charter
prescribe it for the members of the board
of public works? If so, where2 1t is true
the city council had power to pass an
ordinance requiring bond and fixing the
amount thereof. But the council has not
done so.
Wherever the charter has deemed bond
necessary it has said SO. 1t will not do to
reason that simply because q man holds
an office in the corporation therefore he
must give bond. Whenever the charter
commission, as have already intimated,
thought bond necessary for the protec-
ton of the public interest they have pre-
scribed it as part of the fundamental
law. Other cases, resting on policy or ex-
pediency, they left where they obviously
belong, to the wisdom and discretion OF
the city council. They did not deem it
necessary to give every petty officer
of the city government penal appendage,
whether he handled the public funds or
not. They were not believers IN total
depravity, especially when there was no
chance and therefore no temptation to
steal.
"If the present city council think that
every officer of the city government. ap-
pointive or elective, including the janitor,
should furnish bond, all right, l don't
object. Now, that ends the matter with
me. l don't mean to be interviewed any
more about city matters
Major Rinehart, chairman of the board
of public works. said the claim that the
Office of any member of the board was
vacant because he had not filed bonds
which had never been provided for by the
council, was absurd.
II called the attention of members of
the council to the charter requirement. l
marked copy of the charter indicating
places where there seemed to be legisla-
ton necessary. but no attention was paid
to it. Whenever the council prescribes
the amount of bond shall be ready to
give it, as 1 shall be ready to obey any
ordinance passed by the city council
within the scope of its authority
ais it true that you held two Offices, one
as state senator and the other as COM
missioner"
my term of office as state senator ex-
pired practically before 1 entered upon my
duties. The state legislature held Especial
session in September, 1890, to, apportion
the state, and the board of public works
did not organize until the middle of Octo-
Der. My term had expired before en-
tered upon my duties"
what have you to say to the delay in
laying the pipe for the Holly pump?"
THAT it Is directly and emphatically
false to charge the responsibility upon the
board On October 81 the,board asked the
council for authority to purchase the pipe;
on November Is We urged npon the coun-
ell the necessity for prompt action; on
November % We repeated our request, and
on January II all the papers in the case
were transmitted to the council.
son January the contract was awarded
to the Oregon Iron and Steel Company,
And the pipe began to arrive soon after.
1t is being put in as fast as possible.
II can give you later instance of the
dilatoriness and false economy of the
council. We have not length left of six
inch water pipe. 1t is the most useful
size. as pipe any less in caliber will not
give fire protection. The board saw a
chance to buy some at a saving of $3.50 a
ton as a ship was just leaving Phila-
delpha. 1t could not arrive here for six
months, by which time the demands for
pipe, which are coming in daily, will call
Tor great quantities of it. We could have
saved S., 1000 or 50, 600 but the council has
declined to act, the opportunity will be
gone, and six months hence, if not sooner,
we will be paying 81 or 50 a ton more than
we need have done"
MACHINE FOR VENTILATION.