The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-04-03
IAN UNWIsE MOVE
Counsel Donworth and the
Board of Works.
CONDEMNS THE REsoLuTioNs.
Meeting of the Board and . Connmi ttee
of the House OF Delegates--Heil-
bron's Clear Exposition.


ct its session on Wednesday last. The ehai-
man OF the committee T. F. Drew was Unable
to be present, but Delegates Cook and csGyel
were present. Delegate Lyon, who Is suppos
TO be parent of the movement was also IN az
tendance. Commissioners Rinehart, HeilDtou
and Cochran met the committee, and cofpofa-
tion Counsel Donworth was present by request.
Mr.. Coryell said the committee had desired
to meet the board so to ascertain the effect OF
an ordinance such as the corporation counsel
was to prepare by the resolutions in question.
Major Rinehart replied that the board had re-
quested Mr. Heilbron TO express their views as
to the duties of the board, the intention OF the
charter and the effect of the proposed ordinance.
Mr.. Hebron said:
As understand 1t, your committee desires to
obtain from the board statement as 10 It's
methods of conducting its business, and also
an expression of its views as to the necessity or
expediency OF ordinance, such as is contem-
plated by the resolution that has been read.
Before touching upon these matters / wish to
say that the resolution does the board great
injustice in intimating that through faults
either OF commission or omission on the part OF
the board or any Of its members thefnterests OF
the city have suffered. ! am entirely satisfied
that II you will make thorough and complete
examination OF all that the board OF pubic
works has done, you will agree that in every IN
stance il has acted for the best interests OF the
city, and that In all its work and in all the ex-
penditures it has endeavored to economics IN
every possible way. All OF the meetings OF the
board have been public, and everything that
has been done Is a matter OF record. so that II
mistakes have been made this eau be pointed
out and verified, and il the city has ever lost III
through the negligence of the board the records
and figures will show 1t. The board in one way
occupies an important position. Petitions Tor
public work OF every description are referred to
It, and it is but natural that those whose petit
lions do not receive favorable consideration,
however sufficient the reasons may be, should
feel nggricyed. II is manifestly unjust, how
nj
should be made the basis for general charge
OF negligence.
| may say that personally, before accepting
position upon the board OF public works, made
n careful examination of the charter to deter
mpe whether the duties OF the board were such
as could discharge, and whether / would be
required to give up all other business in which
might be engaged. II you will refer to Article
Ill OF the charter you viii find that the govern
ment OF the city is divided into thirteen depart
ments. of which the department of public WORKS
Is one, the fire department another and the
police department another. The board OF public
WORKS is made the head of its department, just
the police commission Is made the head OF
the police department., and the board OF fire
commissioners the head OF the fire department
The board Of pubic works therefore would
seem to be an Independent and coordinate
branch of the city government, just as the ex-
ecutiye department or the legislative depart
ment, and subject like these departments to the
conditions and obligations imposed by the char
ter Section g. of Article Will, OF the charter,
which deals with the board OF public works,
reads as follows:
"The board shall hold regular meetings twice
each month ami special meetings at such times
as IL may appoint or the president may call.
All meetings shall be public, and shall be held
At place to be provided by the city council;
an Affirmative vote OF two members shall be
necessary to adopt any motion, order or resolu-
tion, or to make any appointment" This
would certainly indicate that the board is to be
the judge of what meetings in excess of two
each month are necessary. For several months
the board met regularly each day, and is now
meeting three times each week.
The same article Of the charter provides that
"the board shall elect secretary, who shall
not be member, who shall hold his office dur
his Office at the place where the meetings of
the board are held, which shall be kept open
during business hours" 1t is further made the
duty of the board by the same article
OF the charter, to appoint a superin-
tendent of water works. superintendent
OF streets, superintendent of sewers,
and wharves and city engineer. BY the plain
terms OF the charter the appointment of the
subordinate officers is made mandatory by the
charter. The board has no option in the mat
ter 1t must appoint them or violate the char
ter, which would constitute doubtless a fl
Client cause for removal. As ID Is the board has
consolidated the only two offices that are sus-
ceptible OF consolidation and appointed the
same man superintendent OF streets and super
intendent of sewers, thus saving the salary of
one man. The duties of these subordinate Off
therefore idle to suppose that il is the intention
OF the charter to devolve the same duties upon
the board. 1t Is the duty of the board to super
wise and direct the work of its subordinates,
and this duty Il has conscieutiousy performed
To require, however, that all of the members of
the board should spend all OF their time over
seeing Its overseer would be TO overlook other
and important duties that the board is re-
CURED to perform. The board, by ordinance is
made the purchasing agent of the city, and
US sach Is often involved in questions that
fOnStAntlX htrtrnr and
These questions can be settled by a member OF
the board outside of the Office ms well as in it
IN snort the questions that come before the
BOARD are so numerous and so diverse that they
require much thought and consideration and
venture TO say that there is no member of the
BOARD VINO Goes NOT IN one way or another give
10 the city all OF the time that its interests re-
qulre. Another aspect of the case that is en-
titled TO your consideration is that the salaries
oi the members OF the board are not the same.
Inc one year member gets s. GOO per year, the
TWO year member 81 800 per wear and the three
year member sl.210 per year. Ii all were re-
CURED TO give all their time to the duties of the
position their salaries would have to be equnl-
ized, and 1t would DO for the legislative branch
OF the government to decide whether they
should be graded up or down
II is plainly within the province of the coun-
Gil 70 impose other duties upon the board not
inconsistent with the charter, and If such other
duties are imposed, feel sure that the board
VIII in good faith cndeavor to discharge them.
but since the board Is To be responsible for the
results it should certainly be permitted to do
It's duty as Ii conceiyes il In its own WAY and in
Its own time 0ne word more and am done
The resolution that is here considered by you
involves consideration that is deserving of at
tention. The charter expressly designates the
terms OF Office OF the members of the board,
and evidently aims 10 make il non political and
20 keep IL aloof from the effects OF any general
election. II |. as an individual member OF the
board, should believe that the board cnght TO be
OF the same political faith as the executive or
legislative branch of the city government /
hnouid hesitate TO set my individual Judgment
against the expressed and implied spirit of the
charter lt seems TO me, therefore, that the
board as = whole would I've open to cenSure IL
II did not plainly set forth its position in this
matter and explain its rights as well as its
dutes under the charter rs IL understands
them and has heretofore interpreted them.
MI Lyon criticised the course OF the board,
but the members of the committee confined
themselves to asking questions, Mr.. Covyeu de-
clarine that their object wss not to enter into a
controversy, but 70 obtain information. After
considerable discussion of a discursiye charae-
Ter. embracing many OF the incidents OF thu
boards work, NJ. Donwoyth was asked 70 CT.
press his opinion OF the matter. lie REPLIED
tast he drafted the resolutions, hut h, did no.
desire either the credit or the disoreait which
might attach 20 them. lie considered IL his
duty TO advise upon legal subjects affecting the
rfty's interests from strictly legal standpoint.
whatever his own inclinaiions might be The
sorporation counsel has often to act almost il,
che capacity of judge. Speaking therefore A.
20 the resolutions and the ordinance from thar
standpoint he WAS satisfied that the council
could prescribe the duties Of the board OF pub
lie works. aud he did not take the view that tho
resolutions were to De considered IS necessarily
coud GINNING the board
"Ny opinion Is, he continued, "that they
have interpreted the charter In certain way
not that they have neglected their duties or
that the interests Of the city have suffered A"
he then proceeded TO point ont how the power
OF the Legislative body could be properly exer-
- II, u. NJ.