The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-04-20
NEW TRAIL STARTED.
Suggestive Opinion of the Cor
pOration Counsel.
INTEREST IN FIRE POLICIES.
Ane House Of Delegates Charges City
omciais With Benefiting by Con-
tracts with the City.

joAnt resoiutionS, one Tor the painting
OF chemical engine house and another
employing experts to go through the city's
books. He vetoed them on the ground
that they were violative of section 81, of
article Nv. of the charter, which requires
that all measures mourning any debt or
liability must be authorized by ordinance.
When the roll was called Delegates
Drew, Cook. Ryan, Calligan, Lyon, Brace,
Creighton, Coryell and Kloeber responded
to their names. The vetoes were assented
70 and ordinances will be prepared.
The committee on judiciary made re-
port on the subject of insurance on build
lngs. When the clerk began 20 read that
policy so and SO was placed with the
Washington Territory Investment Com
pany, OF which G. III. Hebron is a direc-
tor, and policy so and so was placed
with the Home Insurance, of which w. V.
Rinehart is a stockholder," the object be-
came apparent and smile passed around
the house. w. J. Clark, formerly fire COM
missioner, and Frank Hanford, formerly q
delegate, were also referred to.
MIR. Lyon moved that the papers be re-
ferred to the mayor, and his attenti on
called thereto. The committee did not
think it right for city officials to be par
ceiling out city business among them
selves.
Mr.. Coryeil asked what was the object
IN sending the papers to the mayor.
DR.. Creighton asked if many of these
policies were not placed with home COM
panies. He thought it rather excusable
that business should be done with home
institutions, although he perfectly under
stood the purpose of the report.
The clerk read an opinion of Corpora
ton Counsel Donworth as follows:
In reply to the inquiry from your committee
on judiciary and legislative, would say that in
my opinion the prohibition contained in Sec
ton of article ". and section 9 OF article XIX.
OF the city charter, to the interest of city Of
hcers in contracts with the city, applies to men,
beers OF corporations that deal with the city. 1
believe it to be undoubted law that the interest
OF the stockholders in the property and assets
OF the corporation Is direct and immediate. If
holding one share OF stock did not disaualify
the holder within the meaning OF the sections
stated. then the holding of 100 shares of stock
would be equally imperative. If such a con-
struc.ion were given it would be easy matter
for members OF the city government to convert
their partnership or private business into a
corporation, and thus avoid the prohibitions of
the charter.
Mr.. Greenleaf, in his work on evidence, says
cerned, the stockholders havs a direct, certain
and vested interest, and IL has been held by
the majority of cases that sheriff cannot serve
process for or against corporation in which
he is a stakeholder on account of his financial
interest in the matter
think there can be no escape from the con-
clusion that it is unlawful for any member of
the city government 10 knowingly permit any
contract to be made on behalf Of the city with
any corporation of which he is a member
The papers will, in accordance with the
report, be transmitted to the mayor. Mr..
Donworth's opinion is in direct opposition
to the opinion given by his predecessor,
Hon. Orange Jacobs, who was applied to
by Major Rinehart on precisely the same
point. Mr.. Jacobs expressed the opinion
that Major Rinehart's interest as stock
holder in corporation did not come
within the intention of the charter prohi-
bition, and Mr.. Rinehart thereupon with
drew his objection to policies being placed
with any company in which he held stock.
President Kloeber summoned Mr.. Drew
to the chair, and said he desired to call
attention to a gross dereliction of duty on
the part of the board of public works.
The board authorized the superintendent
to place at the new station at Queen Anne
u y
$3.50 day. while city boilers were lying
Idle. 1t consumed, he said, large guam
tity of coal, was constantly out of repair
and finally broke down. The board had
now hired a new boiler and had
it hauled to the place. He con-
sidered this a dereliction of duty
amounting to malfeasance, as the cost to
the city was about SIS a day more than
was necessary.
The matter was referred to a special
committee, consisting of Delegates Kloe-
Der, Calligan and Lyon.
1t was resolved that at the next session
of the house it will proceed to the election
of janitor, as the committee on public
buildings reported it was unable to come
to any decision. This solemn function
will be performed by ballot.
An ordinance was introduced creating
the office of license inspector, to be ap-
pointed by the mayor and confirmed by
the board of aldermen. He is to be put
under bonds to the amount of $4,000. The
salary is 500 a month. One provision is
that mo police officer shall receive, pay
over or handle any money" intended for
the city for any license or any purpose
whatever.
Mr. Calligan called the corporation coun-
sells affection to this, remarking that
"they hadn't paid over the money, that
was the trouble" laughter Mr.. Dom
worth explained the legal effect of the pro-
vision.
The bill was passed. The license collec-
tor has hitherto been police officer at
tached to the office of the comptroller.
Ordinances and resolutions were dealt
with, as follows:
Appropriatiug s., i47.0i from the park fund to
pay audited bills; passed. Providing for the
appointment of Il clerk Of the municipal court,
as a substitute for the bill first introduced;
passed. Frank Birds claim; referred to the
auditing committee.
Board OF aldermen resolution requiring all de-
partments to furnish estimates OF money re-
quired between May and october by the first
Monday in May; passed.
Ordinance for the construction OF South sewer
tunnel referred 10 sewer committee.
Ordinance vacating alley in block 12e, A. A.
Denny's addition; street committee.
The following petitions and communica.
tons were dealt with:
For sidewalk on the west side OF Rainier; on
the advice of the corporation counsel IL was re-
solved to require new petition to be presented
in accordance with the amenied charter.
From the board of works submitting pans for
a gunpowder storage scow; referred TO commit
tee on public buildings.
For rebate on or correction of assessments;
ref rred TO committee on equalization.
II. Hershherg's claim for correction OF error
in assessment and that OF :. l. Crawford for sim
liar correction, were both adopted,
The house adjourned until Thursday
night.