Pine Bluff daily graphic., 1895-09-24
VETOED BY THE MAYOR WAS THE RESOLUTION GRANTING THE MISSOURI PACIFIC CERTAIN RIGHTS TO SOUTH COMMON.
  The veto Sustained by The Council. Hopes of Having The Avenue Graded KiIled--P Police
 Salaries Raised

| up of water and light question, the resolution passed at last meeting relating to railway Improvements of Fourth avenue, etc.
 City Clerk was called upon to read tie Mayors veto of the reso- lution, as follows:
 To the Honorable City Council of Pine Bluff:
 GENTLEMEN: Acting under the law, and in accord with what 1 con- eeive to be my duty in protecting the interests of the city, I hereby notify you that I have vetoed the resolution passed by this Honorable 1 body. oil the 16th, inst, copy of which is hereto attached; and for my act 1 hereby assign the following reasons:
 1.-Under the ordinances of the city, granting the right of way through the City of Pine Bluff to the Little Rock, Mississippi River and Texas Railway Company, the city granted to that company rights aud privileges, which, in my judgment, were dangerous to the interests of the city, and rights which should never have been given to any cor poration. For a special enumeration of those rights, refer you to the ordinance passed upon the 23d day of March, 1880, which will be found upon page 1S2, Record Book, of the records of the City of Pine Bluff.
 2.-But these rights were granted upon certain conditions, which are enumerated in the ordinances, and 1 the railway having failed to comply with the conditions specified in those ordinances, the Council of Pine Bluff on the 7th day of January, 1893, passed other ordinances, in which the failure of the railway company to carry out the conditions upon which the grant was made, was referred to, and in said ordi- nances revoked all said privileges, thereby, in tlly judgment, relieving | the city from a contract that was not for the best interests of the city. Those ordinances are referred to, and will be found in Record Book, page.
 3.-In the resolutions passed by your Honorable body on the 16th, inst, these words are used:
 And the said railway company shall be permitted to use and main- | buildings as the same now are, un- der the ordinances granting it the right of way through the city,
 I do not object to any part of the resolution, but with those words therin, I am advised and believe that all the extraordinary rights conferred upon the railway company, under the ordinances granting the right of way, would be revived, and the city would be bound by the contract. which, in my judgment, would be dangerous to the city in any 1xfuture steps which may be found necessary in dealing with the railway company.
 4.-rhere is nothing in the laws or any ordinances orresolutions passed by this Council which will prohibit the railway company from doing the work ,Ishould they so desire; but I find ordinances which require them to do the work, which ordinances have been ignored by the railway company since their passage.
 |, therefore, return you the reSOlu- | tiOn without my approval.
 am, very respectfully,
 L. E. GOLDSMITH, Mayor. The Clerk read the original ordi- nances referred to in the Mayors veto, showingupon what conditions right-of-way was granted the Little Rock. Mississippi River and Texas Railway through the city, and to locate it's depots and platforms on South Common, and that such con- ditions had not been complied with.
 A communication from City At torney Hudson was then read, as follows:
 Hon. L. E, Goldsmith, City.
 DEAR SIR:-Regarding the resolu- tion passed by the City Council on the 16th, inst, providing terms for the compromise of the suit now pending between the City of Pine Bluff and the St. l.. I. M. & $. By, the fatal objection to said resolution is found in it's provision that here after the rights of the City must be determined by ordinances now in existance. The ouly ordinance existing relating to this subject, grants the railway company "the privilege of maintaining, keeping and using the depot buildings for pas sengers and freight now located on the Southern line of Block Al in Old Town" This grant being without terms of restriction and this being the only ordinance on the subject, it is evident that should the City by any act bind herself to rely upon existing ordinances, she would thereby cut herself off entirely from relief and surrender control of the ground now occupied by the herailway l The advantage of the City's present condition lies in the fact that she is not confined to existing ordinances to establish and prove her rights, but as the right to prove the execution and to plead the binding force of a contract hereto fore executed by the railway com lpany whereby it acknowledges the