The Republican. [volume] (Oakland, Md.) 1877-current, 1898-12-15
No terwor,ss for Oakland.

No Water Works for Oakland.
AT a special meeting of the Town
Council held on Monday night, G.. S.
Hamill, Esq, attorney to the Mayor
and Council, submitted his written
opinion as to the legality of the pro-
posed issue of bonds for the purpose
of establishing water works and sew
erage for the town. According to
the opinion Of Mr., Hamill, which is
printed below, the act as passed by
the Legislature, does not confer power
upon the Town. .Couqcil tolpags erdi-
nances regulating tt.o fsaJa6ss of tire
bonds ard therefore the law is inoper-
ative.
Mr., Hamill's opinion follows
OAKLAND, MD, Dec. s, 1898.
TO the Honorable, The Mayor and Town
Council of Oakland:
GENTLEMEN:-I herewith enclose
you my construction and views i'll
regard to the statute relating to the
erection of water works for the town
OF Oakland and the issuing of bonds
to pay for the same, as provided by
the Acts of 1898, Chapter 26.
1st. This law does give authority
to the Mayor and Town Council of
Oakland to issue bonds not exceed
ing the sum of thirty thousand dol
lars; but it unfortunately provides
for registered bonds and does not
provide for any place of payment,
neither does it provide for any cou-
pons and hence they would certainly
be very difficult to sell, as the pur-
chaser would be compelled to hunt
up the collector when his interest be-
came due, which would certainly be
very unusual and annoying, and
would have the effect OF making the
bonds very undesirable This part
of the law is very defective, and
can't imagine why so important a
feature should have been overlooked
in drawing it.
2d. There is no provision in this
statue for your body TO pass ordi-
nances regulating the issuing Of these
bonds. Under section 6 you are re
quired to sell them either at auction
or by sealed bids after due ADVERTISE
ment, but no provision is made as to
how long this notice shall be given,
neither does it give you the power to
regulate it by ordinance. This, |
consider, a very great oversight in
the law.
Sd. By section ? the Mayor and
Town Council is given authority to
purchase or lease the ground upon
which the water works are to be To-
40 Tod onH ole Il l. - 4
for the condemnation of the right of
way and other necessary rights and
then refers to section 1877. article 90 of
the code, Now by reference to the
act of 1896, chapter Isl, this section
OF the code was repealed and re-
enacted by the act OF 1896, and it is a
very grave question as to whether
you could condemn or carry out the
aforesaid provisions where the law
has been repealed. II this statute
had referred to the act of 1896, then
there could be no question, but if
you would undertake TO condemn
any persons property this question
would certainly arise and make
trouble.
4th. By this statute these bonds
must be issued on or before Jan. /,
1899, and they certainly could
not be issued after that date Now
it is question whether they could be
gotten ready and issued by the 31st
Of the present month, because the 1st
Of January comes on Sunday hence
| do not see how it is possible within
the Limit Of time, say three weeks,
that you can get this issue of bonds
in proper shape by THAI time, be-
cause being registered bonds they
would not be payable TO bearer but
would have to be made payable to
the party who purchased them, and
| don't see how it is possible for you
to accomplish all OF this in proper
and legal manner within this time
If you had intended to issue these
bonds the site and location OF the
water works and an estimate of the
cost should have been made before
the bonds should be issued, and this
ought TO have been ATTENDED 10
months before this. I regret my ina
bility to advise you that the statute
can be executed within the present
limit of time, and my own view is
that the matter had better be left to
rest until the meeting OF the Legisla-
ture and then have a proper statute
passed, over which there could be no
contention, and as every one recog-
nizeG the Importance OF erecting
water works in our town, have no
doubt that the adoption Of the law
would be done by a large majority of
the voters.
l respectfully submit the above as
my views in reference to this badly
bungled law.
Respectfully,
G. $. HAMILL, Counsel.