Kansas City daily journal. [volume] (Kansas City, Mo.) 1892-1897, 1895-11-05
Mr.. ELLISON SUSTAINED,
his ACTION ~ MAKISG REBATES TO
WATER CONSUMERS LkGAL.
The Upper House Agrees with the City's
Legal Department - speaker stonor's
Ordinance Regulating Telephone
Rates Passed the Lower House.

At the meeting of the upper house last
nieht. the FIRST since the statesmen ceased
to draw regular salaries of s. each-there
were absent Aldermen Huttig and john
ston.
The difference OF opinion between Comp
trolier shannon ana collector Ellison as to
the collectors right to return water rates
to a consumer who had moved before the
expiration OF the quarter for which he
had paid. was revived last night by an
opinion from Second Assistant city Coun-
selur Palmer He contends. and ls con-
CURED in by CITY Counselor McDougaA
that Mr.. Ellison is acting according to an
ordinance and the charter in making the
rebates, and is not short $#.59, as charged
10y the comptroller Mir Ellison's position
is that he has been acting under an ordi-
nance passed by the council, whereas the
comptroller claims that the ordinance Is
contrary to the charter.
in his opinion. MIR Palmer. after review
ing the charge, ana what has led UP to If,
says that even though the ordinance was
iuvalf the collector was obeyinE II in
good iaith, ana as consequence was not
MessrS Gage ana S!ayghs, b9th LAWYERS
as well as Hon. w, g.. Marshall, city ypuN-
selor Of St Louis, whose ability and, long
among the very highest authorities In this
state on the law Of municipal corporations,
claim the ordinance is valid.
Mn Palmer then gives number of cases
i, wnSre m9nsy is paii by the tr,ber irg@TIb5er
than this. section 2. article IS. OF the char
ter, the very section cited by the comp
troller In his letter TO the council provides
rates shall aarh ipV nav to IN. civ treas
nrcr all revenues collected on account OF
water works and then on hand. The quail
fying clnuso. Then on hand would seem
to Indicate that in that provision of the
charter the freehpllerS had I'm mind an
ordinance similar to the one which has been
passed IN our common council
After calling attention to the fact that
the ordinance In question IL almost exactly
the same that has been in operation FOR
years in 81. Louis, and has never been
questioned. MIR Palmer says.
In conclusion it may be proper to add
that so serious a charge against one city
oflicef Dy another could pe aNoiGed II thr
dlnanees was Ieit to the courts, or the city
counselor Section ~. article J, proNlits
IHat tne G0inRitoHer shau see
money or property of the city
grIri' nf Ui n,Si'oSea 3I 10 Ille
] ]ent % in tbis '1w or hoy bnan ,ade n s
49, itriitS an LII .ii!S cISt nav nngn Hn'e ~ az:
gnef ton Of validity occurs to city 9iiicer
NJ Is 1ii'o,i auhinorIZ.a py seGIon ~, OF lhe re-
ba civ n3iinssior rdn H. s"T o,,Iigtnn IN in
dIsptrte! and said secti1n makes IT, fbe dutv
Sl,L' ~. ~ 's'u i 80 w l,u'' i'',hus d. w t.'A
OIL inn Ine SIy 'ouns@,0r 20 siTe Wristfn
NAV be permittod To- MT his own c"nsir,,c.
tinf un6n ~ cbar,.r ,rJ ,,ii,.,y".,a IA,
viii often result in serions compliaations,
OF the city counselor TO advise the common
council and ali city officers upon such legal
Following is City Counselor McDougal's
letter of approval OF Mr. Palmcr's opinion:
"Tn the Honorable. the Common Council.
"Gentlemsn:-I have carefully examined
and fully concur in the foregoing oninion
of Assistant city Counselor Palmer. / was
in the East on the water works case when
the matter first came up and as tho orig
inal ordinance was prepared by Mr. Palm