The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-07-12
THE COUNCIL MEETING,
Disposition Of the Young Pirsbugs
Discussed and Left With tho
Mayor.
The City Cannot Enter Into =
Water Contract Too Far
Ahead,
Rsduetlsn Of characterization 81 the
Several F~unds-Firs Department Mat
tsrs-Othor Proceedings.

The question Of whstt 10 do with the youth
full inosndiaries nov In the city jail formed
an important subject for discussion by
tho council last night. II came MP or the
report Of the committee on origin Of ores.
The committee reported that oil the re-
rent barn buEnings were undoubtedly Of In
oeadissy origin aud shs work Of boys Al.
dsrman Fuller called attention to the inn
rortanee Of tho matter. The people demand.
cd that the young drsbuRs be NOS turned
loose upon the community again. They
we're too young - punish. snd really too
young to app eciats the gravity Of their
offsnse. Ono Of the boys had. whom asksd
why he did II, replied that it was for fun.
Mayor. Curtin said he had spoken Of the
matter to County Commissions knight.
That gentleman WAS OF the opinion that II
was q matter Tor tho state TO attend 10.
Commissioner Knight had requested
County attorney Nolan to confer with
Attorney General Haskell about IT, The
idea Was that tina boys might he
sent to some outside mission until the re-
fotmatory was ready. City Attorney Mo
Intire said the offcnse OF the boys being =
felony the city magistrate had NO power.
It was for the district court to act. On
motion OF Alderman Fuller the entire mat.
ter Was referred to the mayor 70 act accord
ing TO his best judgment.
The committee on water. through Alder
man Post. chairman. submitted the opin-
ion Of City Attorney MnIntire on the reso-
lutions introduced by Ex-Alderman Weber,
recommending the advertising for bids and
letting q contract for water to take effect
u on the expiration of tho present contract.
The opinion says the resolutions contsm-
plate letting n contact now which shall
bind future councils years hence. This
power." It says. lis not conferred BY tho
Helena city charter, and unless this 10 a
necessary incident to the operations Of the
city government. or 10 Indispensable, then.
In my opinion, such a contract " beyond
the powers of the council and would be
void. Entering into a contact o for
something not yet in existence or necessary.
not to be used now, not necessary for tho
the present time. seems to mo
to be encroachinR upon the legitimate
functions of the future council and hamp-t
ering it's operations. My view of this Ques-
tion 10 that the present council should meet
the necessities of the present time. and let
future councils take care OF their DIVE at
fairs. A contract was lot by the last coun.
oil for a number OF years; but it began to
run in the year IL was made and il was for
an existing necessity. 1t IL impossible for
us to look forward and know what the
facilities for a water supply will be in 1895.
Perhaps there may be many rival COM
panies anxious TO supply the city with
water at a low figure; and II 40, the then
council should DO left Tree to avail itself of
she benefit Of the composition. have no
doubt that this council can advertise for
bids for a supply of water and grant a fran
ehiss for the laying o: pipes and whatever
is necessary for bringing the water into the
city. leaving it to the council In existence
in 1896 +, award the contract to the lowest
bidder for such a period of t mo and upon
such terms as it NAV, deem for tho best in
terests Of the city. 'htS,Ihe city attorneys
opinion on the powers ofithe council is
based on Judge Dillon's work on municiral
corporations. in which that ofices says:
1t 10 a general and u~ndisputedI roposition
of Law that a municipal corporation pos.
sesses md can exercise the following powers
and no others: first, those granted In ex-
press words; second, those necessarily or
fairly implied in or incident to the powers
expressly granted; third, those essential to
the declared objects and pu; p ,sea of the
corporation-not simply convenient. but
Indispensable" In view of the city Attor-
nsy's opinion the committee returned the
resolutions without Recommendation. The
whole matter was indefinitely r~ossponed by
tho council.
The license of the Coliseum was rsduo: d
from $75 to $40 q month. after quite a
fight. A motion to leave II az IL was before
was defeated by yeas four (Fuller. Howell,
Walker and Kenok); nays eight. The re-
auo.ion vas ordered By yea. nine, nays
men Hundlsy and Howe we're absent. The
license for bill posting WAS Haduoed from
$50 a year to ST. 30 a quarter. On the ordi-
nance making tho necessary change. . in the
Coliseum license the vote stood yeas eight
\ 1900 d. 1.-~ ~ ---s
Cox. Collins and Hanleyl; nays four (Iul-
ler. Howell. Walker and kenck.l
City Treasurer Garrett reported the fol-
lowing balance on hand June 30: General
fund. $3.50, 81; interest and sinking fund,
g; s79. 81; sinking fand com mission, So
Lawrence street fund. G2.6S5. 80; library
fund. S64. A; total. 1916. 1885 The city
clerk reported warrants dawn during June
$11. b52.32 returned at cancelled. "a, 1856. 50;
outstanding, 500. DAG. 4S. 8ss* re
Fire Marshal MoKinnon reported that he
had been unable to replace the Fifth ward
team with n suitable pair with the money
at his disposal. The condition Of the team
nt that house seriously o,ipplss the ell,
cheney OF the Fifth ward company and its
absence would be badly felt in case OF .
big fire. as it has 1000 feet of the beet
hose in the department.. The re, ort was
referred to this fire department. oommittse.
The report Of the board of hoalth read:
Notwithstanding tho exceptionally good
condition of tbs city Mt present. wo still have
to call your attention TO the lnct that small!
pox exists in several places In the state, and
should it make Its appearance here We are
unprepnred to do anything for its prevsn-
tion or limit its spread"
The city attorney reported that tho
award Of commissioners in the case against
Edward Jo,don for the condemnation of
land for the vic eninR OF Benton md PAX
avenes wac not satisfactory. and he had
dismissed the suit in tho district court
without prejudice to the bringing of a new
action.
City Marshal McCann reported arrests
made during June 100 for violation Of city
ordinances and state laws 10. Work done
by prisoners on the streets ll81ss days.
Reports were also received from the in
spsctor OF milk aud food. the street COM
missioner and the building inspector.
An ordinance was introduced regulating
excavations and tearings up of the pave
ment on Main street. 1t provides that q
permit must be obtained from the city en-
gineer and the work lone under his diroo-
ton, and the pavement rslayed 40 soon a.