The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1896-06-05

- = b01 On E0Vt " O(& AIUUuW vAhU rsA~
premc Court Decision.
Tacoma. June a-Specisl--To find n way
out OF the financial wilderness in which
Tacoma ID Sropins Is the task that con-
. fronts the dmin.strat3on OF Mayor faw-
cett Although the city has been able.
through the assistance OF banks and sndi-
vduals. to meet the June interest on tho
water and light bonds. there arc
many grave problems to oc solved before
the municipality Is IN a position 20 pay for
the supplies and fuel II receives from the
merchants Of the city. TO say nothing about
tho employees and officials who serve IL.
Several weeks ago II was generally be-
lieved that the only course the city could
pursue in order 20 make use of the taxes
that have been paid was 10 validate tho
outstanding warrant Indebtedness. and IS
. sue bonds TO the sum OF 81. 10000 70 take in
the wArrants. Within the last week. how
ever. plan has been devised By which the
city will be able to allow the
warrant Indebtedness to remain un-
touched for an indefinite time. and
still use the money derived
from the current tax levy Tor current ex-
penses. At least this In the hope OF tho
promoters of the scheme. who have the
backing of Mayor Fawcett and CITY At
torney Judson.
The new plan for financing the city 10
&intff- II - ittHtttti Vy AghutiiitAu vs.
III. Harris. and Is embodied In three or
dinances. which ~ill come before the judi
ciary tomorrow for. consideration. One OF
: the ordinances rcreais ordinance No. iyt.
passed in ISIS. which provided that all
money accrusng TO the city. except from
street improvements and road assess-
ments. should 30 90 tho credf Of the gen.
eral fund. Another Of the Harris orii-
Hances repeals ordinance No. p. passed In
xrhtn tnh hs al ~
should be pad in the order of their date
and issue. The third directs the cousp-
iroller to issue warrants In payment Of
current expenses
Upon the first two ordinances the Eide
miller decis,ca of the supreme court was
based. Ii was held that the city could not
legally apply the revenues of 1886 to tho
payment of the expenses OF the current
year. as this was In violation OF the ordi-
nances of the city above mentioned and
the laws of the state. IL Is the purpose
of the promoters of the new plan to repeal
these ordinances and then go ahead and
pay cash to city employees and creditors
out of the current revenues.
City Attorney J. 4. Judson has prepared
an opinion favoring the passage OF the
Harris ordinances. He takes the ground
that the city charter adopted In 1880
which gave the city the power 10 create
special funds and levy tayes for the same
takes the place OF the two city ordnance
referred 10 by the supreme court, and that
IL the matter Is, clinched by the passage OF
the Harris ordinances there will be no ar
ficnlty about tho ability OF the municipal
ity to pay the cash.
Mr.. Judson said today that the supreme
court had merely held in the Eidemi!ler
case that the city could not redeem war
rants out of the order OF their Issue and
that the money In the general fund must
be used 10 pay the oldest outstanding war
rants He said further that all other mat
ter In the opinion was mere dscta, and was
Of no effect In deciding the other questions
that might be raised. Mr.. Judson holds
that ordinance No. = is contrary TO the
session laws OF 1888 and 1895 aud therefore
void. and that ordinance No fss IL con-
trary TO the charter OF 1880 and OF no cy-
feet. He believes that If these matters
are brought to the attention of the su-
preme court the city will be upheld in its
efforts to pay Its employees and creditors
out Of the current funds
The Harris ordinances were referred "a
the judiciary committee and Will be con-
sifered tomorrow. II fs understooa that
City Comptroller Benham and CIiv Treas
nrer Sternberg are opposed 10 the or,si-
nances, and II they pass the council ana
arc approved By Mayor Fawce;t. Treas
urer sfernbere will probably refuse 10 paw
the warrants 90 be issued for current es-
penses and salaries, and this will carry
the matter into the courts. Tie city Of
neisls who do not love service FOR g,ovv
are determined. II possible, to Ard sorns
way so that salaries can be psif a. xer, =.
Interest, and II the question, lS len ~, ~.
courts 10 decide there will be an anIrnatss
fight over f.