Evening capital journal. (Salem, Or.) 1888-1893, 1893-06-07
TIM uGnT ORDINANCE
Passed Over Mayor Gaieh's Veto.
TWO ALDERMEN STANDING OCi.
l-a4l4al4laa
Some Important Legal Opinions
RecIted

Mayor gatch called the city council
TO order last evening ri sis O'Clock, and
after The minutes of the previotfs meet
Ing were rend iy city Recorder i1des
this body Of city law makers settled
down TO the transaction OF the follow.
ing business.
The committee on accounts and cur
rent expenses reported favorabiy on the
payment Of the following bills.
Salem Imp. Co., t6417; J. Fishburn,
sl00; Salem FIGURING Mil Co. $685.; n.
70. Moores q Co, $500; Postal Tel. CO..
~; r. BcKiiiop, 5000; n. n. Robinson,
s20.b0; W. Bennett, s2O.5O; A. Burnett,
s2400; Geo. Clymer, si400; q. Gosin-
bacher, st4e0: W. J. Culver, $40 2s; r.
X. Lynch, tt.65; G. r.. Royal, s26. .25: II.
A. Oieman, $500; Gray Bros, sss o5.
Klein offered motion that the re-
corder be authorized TO give ten days
notice that the council intends to con-
slider the Improvement of Oak street
by bringing the same to the grade
with curbs, and crosswalks, and other
necessary adjuncts to make II a suit
able street. This motion comes under
the new charter. It was adopted
A like motion to improve State street
from High to 18th with proper grading,
etc, was offered and adopted after
Cross had the coat of gravel increased
from six to eight inches in depth.
A petition for a sidewalk from 14th
to 10th streets along the north side of
Bellevue, was read and referred to the
committee on streets and public prop
erty.
A petition from certain business men
asking for financial aid to amount of
$400 for the celebrating of the Fourth
of July, was read and referred to ways
and means committee on motion Of AL
bert.
The mayors veto of the new ordi-
nance entering into six-year contract
with the Salem Consolidated Street
Railway Co. for electric lighting was
then read as follows:
To the Honorable Council of the City
of Salem.
Gentlemen:-After due consideration
and consultation with attorneys of
whose knowledge of the law and of
whose disinterestedness to all parties
concerned therein can be no doubt, am
constrained to return to you, unap-
proved, ordinance No.269, entitled "An
ordinance authorizing, making and en-
tering into contract between the City
Of Salem and the Salem Consolidated
Street Railway Co., it's successors and
assigns. for the lighting of the public
streets and highways of said city"
In vetoing this ordinance I do so
solely to shield the city from an un-
desirable contract and to save trouble
to future CITY councils
One objection have is that the or
dinance binds us for, at the least,
43 arc electric lamps, making our
electric light bill $5,160 per year-quite a
large amount to pay should a spirit of
economy ever be forced upon u.s. The
contract gives us plenty of chances to
increase this but none to decrease
The ordinance further reads that the
forty-three arc lamps shall be of nom
inal 1000 candle power each. object
to the word nominal" 1t may be be-
cause 1 do not understand 1t, but I
would prefer the word actual"
Section 8 reads as follows: "Should
any lamp or lamps on any might fail to
burn at least one hour in the aggregate
the said city shall deduct thirty-three
and one-third cents for each and every
night of such failure"
Is this not liable to the construction
that II any lamp should burn for one
hour on any night the company can col
lect pay for the entire night? II the
section read Should any lamp on any
night remain .extingushed for one hour
In the aggregate or fail for one hour in
the aggregate to give light of 1000
candle power thirty-three and one third
cents shall be deducted for such night
from the payment otherwise to be
made to the company for that lamp"
or In some similar plain way 1 would
have no objections to 1t.
My principal objection is the doubt
as to whether the present council has
the power to bind the action of any
future council. In the case of the Sa-
lem Water Co. VS.. the City of Salem,
Prim J. and In which our present chief
justice defended the, city, 1t was decid-
ed that a debt existed against the city
whenever 1t agreed to pay money for
services performed and that the mo-
ment contract was entered into 1t
created present obligation on the part
of the city to pay money at future
periods: or in other words a present
debt was created and we could not
NOhtia att loi thS CITY uhiCoo VIC Hdo tilC
present means to pay. ri
In the ordinance before us section 0
reads as follows:
THAT there be and hereby is, and
shall be levied each and every year
when the annual levy shall be made
for meeting the current expenses
Of the city sufficient
amount to cover any
and all liabilities under or to be in
Cured under the provisions of this con-
tract, a tax upon all of the taxable
property subject to taxation by the city
of Salem to pay said company. its sue
,essors and assigns. any monies due 1t.
Dr. them for light furnished. and service
under this contract, during
such year and to meet. pay and dis
;harge all OF the obligations OF said
:ity under this contract for light sup
Piled to 1t during ~suoip year, which
Laxes shall be collected as other city
taxes are collected. and which taxes
and all monies arising thsRefrom are
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