The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-11-10
STUART SETTLES THE LAW.
He Says Little Can Be Elected COun-
Gilman at Large.


Edward w Little. whose right to serve
as councilman at large has been questioned
on account of the fact that he is surety
on street improvement contracts, yesterday
authorized Romus F. Stuart to take legal
steps to ascertain his rights. Mr.. Stuart
called at the office of the Board of Public
Works, where he was Informed that Mr.
Little is surety on three bonds. In one case
the cement walks Of Bryan street, the work
has not yet been accepted. In the other two
cases the work has been accepted, but the
bonds cover the five-year guarantee period
In the aggregate the bonds amount to $4,000
Twill Mr. Little take steps to be relieved
from his suretyship?" r. F. Stuart was
asked.
"We contend that it is unnecessary for
him to be relieved from the bonds" Mr..
Stuart replied "If you will examine Section
IL of the city charter as to the eligibility
of citizens to be elected councilmen at
large, you will find that any voter is quail
fed to serve. Place this before Section z,
which prescribeS what a councilman may
not do after he is elected, and you will
have the whole thing settled. Section only
provides what he may not do after he be-
comes city official"
Section is to prevent any employee from
becoming interested in city contracts where
they have to in any manner pass upon or
create the liability. Inasmuch as the lia.bil-
ity was created long ago, before Mr.. Little
was in any manner connected with the city,
it is insisted that he is perfectly eligible.
City Attorney Kern has been asked for
opinion on the question. Last evening
he said that he did not care to express an
opinion until it was done officially. AS to
the right of bondsmen to be relieved, he
said that he knew of no statutory provision
under which one could be relieved from
suretyship on bonds to the city. In the
case of guardians administrators, etc,
bondsmen are frequently relieved, but that
is under statutory prov ions If Mr. Little
has any right to be re red from his sure
tyship it must be a ri; outside of statu-
tory provisions.
The 'greenhorns" of the Council insist
that until there is an adverse opinion from
the city attorney they will stick by the
right of Mr. Little to be elected, and since
Mr.. Stuart has placed q construction on the
law that would admit of Mr.. Little being
elected, they were disposed to elect him and
let the courts pass on any question as to
his right to vote that may be raised here
after
When Mayor Taggart was informed by
City Clerk Stuckmeyer yesterday morning
that a successor to Mr.. Montgomery had
not been selected he at once issued a call
for another special meeting to be held Nov.
%. This is the last day on which the Coun-
Gil can fill the vacancy, inasmuch as 1t
must be one at a special meeting to be
called within thirty days after the vacancy
occurs, after publication has been made for
ten days by the mayor. The thirty days
within which successor can be elected
expires Nov. 25
There is to be meeting of the Council
finance committee Thursday night to con-
slider the ordinances appropriating $27, 600
for the use of the Board of Works, the
Board of Safety and the Board of Health
during the remainder of the year.