The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-10-20
4 VOTE0F THE PEOPLE
Required for Adoption of Ce-
dar River Water System.
MAYOR PHELPS FAvoRs THEPLAn
Buf yetoe~ tho Ordinance and Recon-
rnends Passage or a View One Ac-
cordInz to scott's Opinion.


matter must be submitted 10 a vote ot
the people for ratification or rejection De-
fore the plan can be legally carr1ed out
In HIS veto message the mayor emDoo3eS
the opinion Of Corporation CouHsfi SCOTT.
upon which his action was based ana
recommends that the bill be re-enaeteh'
with the provision for submitting the
question 70 the vote of the people
Tho city council az its meeting next
Monday night. will act on the mayor >
veto and recommendation, and. II -
thought. will undoubtedly pass the ofdi-
nance, with the added provision noted
Alderman elise. OF the fire ana water
committee who got up the ordinance
faid yesterday that his position was uu-
changed by the opinion OF the corporation
counsel. lie said:
Il do not think that Scotts opinion IS
10 the point. i am IN favor Of submitting
this matter 20 a vote OF the people, but
the ordinance should be passed first i
am certainly in favor Of adding that pro
vision to the ordinance, and believe That
eighteen members OF the council fthe fun
membership, think the same as | do II
the people do not want the city TO furnish
fits own water. do not. bat plan should
be adopted first; then We could submit
OR plan to the people"
The Veto Message.
The mayors opinion follows: 'T have
the honor TO return herewith, without my
approval. board Of aldermen BIN No. go
entitled An ordinance authorizing certain
improvements and extensions of the water
works system Of the city Of Seattle. pro-
Niding for the payment therefor. and IS
fablfshing a fund for such payment by
rstting aside therefor = per ccRtum Or
the gross revenues derived from the
water works belonging to tho city. from
and after the completion of and accept
ance OF said improvements and extern
flons. until payment therefor shall have
been completed and for the reason that
the legal adviser Of the city. the honorable
corporation counsel. advises me that the
question must, under the general laws OF
tho state. be submitted 10 the voters Of
The city for their ratification or rejection
1n order that the city may lay the proper
foundation for the contamination ~ the
plan. The opinion Of the corporation
counsel Is herewith transmitted and made
q part OF this message. since It contains
the sole reasons for the Withholding OF
my approval from the bill"
Then comes Corporation Counsel Scott's
opinion. given below, and IN closing the
mayor says:
II am in favor Of the plan outlined In
the bill. which believe viii be entirely
practicable. after IL has been submitted
10 the people and ratified by the general
laws OF the state. and therefore recon-
mend that this bill. with a few changes as
10 minor details which will suggest them
selves 10 your honorable body he re-
enacted with the additional provision that
the question be submitted 10 a vote of tho
people for their ratification. thus form
ing a sure foundation for all future pro
oeedings and assuring the final success of
the undertaking."
Counsel scott's Opinion.
corporation Counsel SCOTS opinion.
Dated October IS and addressed To the
mayor. follows:
Your communication Of the 17th inst.
was received by me today In which vou
PROFOUND certain questions with refer
enee To the tegallty of the steps proposed
10 he taken for the improvement aud eN-
tension OF the water works system of the
rity OF Seattle Is provided by board OF
aldermen bill No. $50. which bin passed
both houses Of the city council on the I'm
inst. You state:
: I desire to call your attention to The
ohlect1onS urged against the bill that tho
question or a change of plan in th,, wate,
system must be referred 10 the people for
ratification. The following are among The
CITATIONS referred TO me or this point:
ID General powers OF cities Of FIRST
class In relation 10 internal improvements.
See section 30 HiIrs Code. page az.
tzl Question OF plan OF water works
chapter VIII. section sg7. Hilrs Code page
80 also same act re-enactcd laws cf 1S3.
page L.
% How cities may change plan of Wa
ter supply. Session laws or 1905 mage *.
90 CITY Of Seattle has adopted plan Of
water works and submitted same 20 pa
PIE VINO ratified II, Ordinance No. lSn
tFfaV 8 Revised Ordinances. y. 3e3i. ordi-
nance No 1911 0hid T.. 49,. ordinance No.
se'o fbld., p. 429l.
60 The people should be appraised ~
any adoption OF piau OF water works. Mot
caife ~. city Of Seattle I Wash. ~. also
seymour IS. city OF Tacoma s Wash 1gS
The question is whether under The laws
oi the state improvements and extensions
Of the present system OF water works
.houid he submitted TO the people Tor their
ratification
THE amount OF money Ia he evpopdca
Ter the improvement and extension of tre
present system OF Wetor works II 1een,aa
and termed an extension Simply. rs esti
mated 10 cost $l.sSooo. and tho great
s mount 81 money To be eNnendet ren3A,s
u highly important that every legal vtep
should be- taken IN the abundance Of pr,-
caution. 50 that tho city may Do enabled
10 acquire any right necessary 90 the eN
tension by having tho urou.r an
fhouiy or power TO bring CON
drHination proceedings which may
he necessary ia order 20 construct
and opevabs the ufeat extension. For ti,is
reason there shouli be no mistake made
and all necessary proceedings ara xtet,s
sho'ld be- taken before the contra Z FOR
This great work is let. as provided in soe-
tion OF sah bill
1T should he she desire Of an anon
" HON the responsibility Is cast ian relation
20 this hill 20 fully appreciate the legal Jif-
tCulties which may arise II the authority
y ar Ns 4sqsF,
system should he wanting. and ccrtairl,
tho responsibility ~ Determining wheth.r
all Of the proceedings required by statute
have been followed Is fully appreciated N,
me. Tho Importance - the people of this
city Of pure water supply such ns intt-
Gated IN this bin cannot ~ over-e~tinatcI
hence the municipality should carr
fally observe all the requirements ~ law
IN order that the contract 10 be let for this
great Improvement should not be open 10
attack.
What Power tho CITY Has.
"As municipalities have only such ooue~
RS s. expressly delegated 20 them az such
as may ncs essarily arise hv tnolcatfov
,herefronl. We must resort - tho statute
Or organic lsw ~ the city for tNa power
as we'll rs aScsrtsiuing frogn the statute
what method or course must be pursued
IN order - adope any plAn ~ wate-
y orks. or snv addition thereto ~ change
NJ ;he system. The power is conferred bv
Subdivision "a OF section Q or the scJ 90
March -. 1S9o. Laws 90 tSsl mage ~
Witch provides Tor erecting purchasing
~ otherwise acquiring water works WITH
/ INDORNED /