Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1892-05-05
COUNCILS IRE AROUSED
BY Allegations Attacking the
Validity of the City's In
corporation
Writ of Certiorari Served Upon
the Mayor and Council in
the Schering Case
Retren chment Discussed and
Commenced - Arbitration
Resolution Rescinded

The city council met yesterday after
noon at the usual hour and held one
of the longest and iiveliest sessions of
tho new administration. Mayor Nc
Kenzie presided and all members were
present except Councilman Hedge.
All appointive officers and a number
of spectators were in attendance. The
minutes of the previous meeting were
read and approved.
Upon motion of Mr.. Aubrey the petit
ton of VIM. Hanna for license TO make
sewer connections was granted.
The reports of the street commits
sioner, health officer and city marshal
for April were read, and, upon motion
of Mr.. Griffin, were accepted and or
dered filed.
The city engineers report was re-
ferred to the executive committee, on
motion of Mr.. Donovan.
The chief of the fire department re-
ported that the disabled horse of the
engine team would improve rapidly if
turned out to pasture for time The
matter was referred to the committee
on fire, water and light, with power to
act.
When the report of the executive
committee was called for, the chair
man Of the committee being absent,
Mr.. Kinghorn stated that the commit
tee had some bills in its hands for ap.
proval, but on account Of the action
brought against the city by Charles
Schering, possibly affecting the va
lidity of the city's incorporation, he
thought ii best not TO order the pay
ment of any more bills until all doubts,
If there are any, are set at rest.
The mayor said that it was the pol
icy Of some attorneys TO make all sorts
of allegations in attempts to gain their
ends, and he did not believe the coun-
ell should be influenced by the unsup-
ported declaration Of any lawyer rela-
tive to the validity of the city's incor-
pOration. The only knowledge he had
of the matter was what he had OBJ
tained from the HERALD concerning
the issuance of the writ of certiorarf.
He deprecated such an attempt to in
jure the credit of the city, but did not
believe the matter of sufficient import
a temporary suspension Of public busi- |
ness
The city attorney was called upon
for his opinion and slid around the |
point in question by expressing his !
lofty contempt for newspapers, ques- !
tioning the reliability of the HERALD's |
report of the issuance of the writ and |
of the complaint, and tell |
ing the council what hard man he is |
to scare.
The matter was then dropped for !
little while. Mr.. Kingdom stated that
the executive committee had nothing |
to report and the regular order of busi- |
ness was continued.
Further time was granted to the !
license committee to report in the mat !
ter of the claim of the Fairhaven Land |
Company for license rebate.
Mr.. Ahern and Mr.. Aubrey reported |
the result of conference with men, |
bers OF the New Whatcom council rela- |
tive TO the matter of the rock in the !
harbor near the Bellingham mill. 1t !
was decided by the committees to re-
quest the city attorneys of the two
cities to ascertain whether any local |
authority exists on the Sound to which /
application may be made for the re-
moval of the obstruction at govern.
ment expense. 1t was recommended
by the council that the attorneys COM
municate with Captain Symonds, of
the United States engineer corps at
Portland, and also the state harbor
line commission.
An ordinance, amending section 5 of
ordinance 81 and repeating section II,
was adopted.
Mr.. Griffin was granted leave of alb
seuce for one month.
The mayor stated that the council
would convene as board of euualiza.
tion on the 10th inst, and the clerk
was directed to advertise the fact.
MIR. Donovan moved that the in
structions of the council, directing the
city attorney to prepare papers for the
of a board of arbitration
N the matter of the claim of Sewer
Contractor Schmidt for extra compen-
'ation, be rescinded on the ground that
he city would be far less likely TO OBJ
ain just settlement by arbitration as
provided than 1t would should the case
be brought before the Judge and a jury
d the superior court. The motion
prevailed.
Major Wilkin asked for an order of
.he council authorizing the treasurer Z
% pay warrant No. 1851 on the general
'und, which had not been presented
within thirty days after the published
all. Amount $3.50. Referred TO the
executive committee and granted later
N the session.
Health Officer Bickford asked that
he council "back him up" in his
Efforts to compel compliance with his
orders to abate nuisances. The ques-
ion of incorporation validity having
been raised he was doubtful about re.
,orting to extreme measures. The
council gave him the "backing'' de-
'ired by directing him to serve notices
N accordance with the health ordi-