Omaha daily bee., 1893-11-23
GAs ORDINANCES NOT a Law.

OMAHA, Nov. O., To tho Editor OF THR
Bee; In the World-Hcrald OF this morning
there is an article entitled, THE Gas
Ordinance a Law which must necessarily
have q tendency to mislead many people.
The facts arc these. Section l27 OF the act
governing cities of the METROPOLITAN class
reads as follows;
Every resolution adopted, or contract
approved by the city council appropriating
or involving the expenditure OF money, and
every ordinance passed by the city council
shall, within forty-eight hours after the
action Of the city council, be presented to
the mayor for his approval. and he shall
have at least three days thereafter for tho
consideration thereof. If no approve the
resolution, contract or ordinance, as the case
may be, he shall sign the same aud return
the same TO the city clerk, and so report to
the council at it's next regular meeting, after
the expiration OF the time herein limited. If
not, he shall return the same with his objec-
tions in writing to the city council, at its
next regular meeting, after tho ex-
piration of the time herein linn
tied. When any ordinance, contract or
resolution shall be returned without
the approval of the mayor, the council shall
thereupon consider whether the same shall
be approved, Notwithstanding the objections
of the mayor. II two-thirds of all the mem
bcrs elected shall vote in the Affirmative,
such ordinance, contract, or resolution shall
be considered approved, and shall take effect
and be valid in the same manner and with
like force, as if it had received the approval
OF the mayor; and should the mayor fail,
neglect, or refuse to approve any ordinance,
contract, or resolution, or return the same
with his objections in writing, within the
time herein limited, the same shall take
effect and bu valid in the same manner and
with like force as If approved by him"
This statute requires the mayor, If he APP
proves The ordinance, to return the same TO
the city clerk and so report to the council at
It's next regular meeting, If he does not APP
prove it, IN other words if he vetoes tho or
dinance, he is to return it with his objec-
tions in writing to the city council at its
next regular meeting. If the mayor fails,
n~cglects or refuses to approve the ordinance
or return the same with his objections in
writing, the ordinance shall take effect in
the same manner and with like force as If
approved by him. The reader will perceive
that III case the ordinance is approved 1t
goes to the city clerk. In case it is vetoed
it goes not to the clerk, but to
the council, and it goes there not
before but at its next regular meet
ing. The secretary of Mayor Bemis was
present in the council chamber last evening,
with the ordinance and the written objec-
tions or veto of the mayor in his possession,
ready to present to the council in the usual
way, when communications from the mayor
were called for. If the council was in SEES
sion only two minutes and seven seconds, as
stated in the World Herald. certainly no
opportunity was presented for the reading
of the mayors veto. If such action on the
part of the city council could in this instance
result in making the gas ordinance "a law,
then the city council could in any case. oy
adjourning, defeat and wipe out the veto
power of the mayor of the city.
The adjournment of the city council last
evening was not because the courts had en-
joined the council from transacting any
business, because the restraining order
simply prevented Mayor Bemis from APP
proving the ordinance and the city council
from passing the ordinance over his veto, in
case he vetoed it. Each member of the
council knew this from the notice served on
MIN personally. The adjournment was evil
IDENTIFY to accommodate the gas company and
enable it, if possible, to accomplish in
directly what it could not accomplish by
direct means. The attempt failed because
the veto was in the council chamber ready
for presentation. The gas ordnance is not
a law and never will become a law. The
mayors veto message will be presented at
the earliest opportunity and the proceedings
instituted yesterday, which are supported
by the entire business community, will be
pushed TO a successful conclusion, enjoining
the council from ever passing the ordinance
over the veto. w. 5. PopPLEToN,
JOIN L.. KENNEDY.