Evening capital journal. (Salem, Or.) 1888-1893, 1893-06-07

undcf this contfaot"
This "a IN attempt Nv 6vefcosne ~
outfnastef the foregoing quoted decla
ION bit IN The caee Conisbt W. fhe rify
N ptttitbd Desdv, tsi we hnA 4 aei
cision directly adverse ~ thls mGde ~
fuinliine n contract fudge rflm IN
rendering his decision IN what IL Known
70 us ~ The water Go case, oregon.
2s quotes from the decision Of tudse
Deedy and expressly declines 20 decide
The question, thus tscitiy admitting n.
N no fudge Deady SAYS There " NO
magic IN the Legislative formula there
II hereby appropriated and II IA
questioned as 10 whether we have the
power 10 levy n tan for the payment
~ such n contract tsee articles Munic-
ipai Corporations, American and En-
giish Encyclopedia Of Law subdivision
Q Anticipation of Revenues'J and IT
becomes n question only "a be settled
by those versed IN the law, are we
doing wisely to vote such n contract
upon our people7
My further objection 20 the section
ls that II IL not specific 40 10 the sum
TO be raised and which by It's very In
deflniteness would be apt TO cause
trouble. especially so as we cannot tell
what action future councils VIII take
In the matter.
Claud Catch, Mayor.
On the vote Of the council TO pass the
ordinance over the veto the vote was
|ayes-Hunt, Smith, Olmsted, Gray, AL
bert. and Klein. No-Cross. Lafore.
When Aiberts name was reached he
was given time 20 explsin matters con-
talned In the veto. He said: "As 20 the
merits Of this much-abused and mis-
understood ordinance I have nothing
to say in addition to my remarks on
the passage of the ordinance. except
that the ordinance merely fixes the rate
paid for the last six years as maxi
mum rate for the next six, to be re-
duced at any time to the average rate
in the cities OF Oregon and Washington
The statement Of the decision of the
supreme court of Oregon in the case
of the Salem Water Co., 8 Oregon, Goth
page, Is neither correctly or fairly
stated by the mayor. / am familiar
with this case In all its details and
quote from the decision an agreement
to pay the Salem Water Co. 1880 per
annum for seventeen years In quarterly
installments for water to be furnished
the city. without any provision for rails
ing and appropriating money to be ap-
piled In payment of such liabilities as
they became due, necessarily created a
liability against the city within the
meaning Of such prohfbitory clause
the liability being In excess of such
limitation, the contract Is void
Judge Upton wrote the opinion and
quoted from several California author
tiles over the state of California VS..
McCowley as follows, This article was
intended to prevent the state run
ming in debt and keep her expenditures
within her revenues. These revenues
may be appropriated in anticipation Of
their receipt as effectually as when
actually in the treasury. The appro-
priation Of the moneys when received
meets the services az they are
rendered, discharging the liabilities as
they arise, or rather anticipating and
preventing their existence. The ap-
preparation accompanying the services
operates in fact in the nature of a
cash payment
He cited Judge Deady's dictum Gre
ferred to by the mayor) without ap-
proval as being at variance with the
weight of authorities cited and re-
sumed his opinion as follows: "As to
the prohibitive clause in the charter,
its object was to compel the council to
conduct the financial operations of the
city upon a cash basis"
new ordinance was introduced, its
purpose being to amend section of
ordinance NO $50. and to repeal ordi-
nance No.209, entitled an IAN ordinance
relating to advertisements, notices, bills
and posters" 1t Is better known as q
general license law. as, under its pro-
visions, all business houses will be re-
quired to pay annual license fees in
order to do business In the city of Sa-
lem.
Hunt moved that the same be read
the second time by title. which was
lost. 1t was then referred to the ordi-
nance committee, after some debate.
The recorder was ordered to engross
the new dog ordinance with the amend
ments attached.
The council then went into commit
tee of the whole, with Alderman Cross
In the chair. for the purpose of listen
ing to the remarks of an agent for a
patent 5000 road grader. Following
this the council adjourned.