The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-24
FOR THE C|TY'S WELFARE
Two Opinions That Will Have ar
Important Bearing on Butte.
POWERS OF THE COUNCIL
Mr.. Lamb Holds That Expenditures of
More Than $50 May Be Made With
out Advertising for Bids-Ac-
quiring Title to Property.

City Attorney e. M. Lamb gave the
city council a couple Of opinions at
Wednesday nights meeting which are
destined to cut a large figure in the flu
ture business affairs of the city. They
were opinions on questions that are of a
vast amount of interest to the citizens
and if acted upon, as they doubtless
will be in future, or at least during
Mr. Lambs administrator of the legal
department of the city government.
will rebound very greatly TO the good
of the city's interests in every way, but
chiefly its pocketbook, as well as to the
credit of Mr.. Lamb.
The questions involved We're whether
or not the city has the power to make
| a purchase of supplies or engage in any
public undertaking involving an ex-
penditure of money amounting to more
than $50 without the council first adj
vertsing for bids and letting a con-
tract, and, whether or not the city can
acquire title to property without insti-
| tuting condemnation proceedings.
During the last administration the
council acted upon the advice of the
| city attorney who was then in office,
| and never attempted to make a pur-
| chase amounting to more than $50 or to
| buy piece of property without adver-
| Using for bids and letting a contract in
| the first case, or beginning condemna-
ton proceedings in the second. Many
| a useless dollar was spent as a conse-
| quence. In speaking of the matter
yesterday on the opinions he gave the
council on these subjects Wednesday
| night, Mr. Lamb said:
| "In my opinion the city can perform
all necessary work for the Improvement
and repair of its highways and other
] public property by itself or by con-
/ tract, under it's charter and the laws of
| this state. If this were not true the
city might be unable to have this work
| performed. For instance, a conten-
plated improvement might have to go
undone for the reason that there We're
nc bidders or contractors seeking to
| perform the work. Certainly the city
has the express and implied power to
| do such work in the manner that the
city council may deem the most ex-
| pedient.
| I'm reference to the city acquiring
| title to property for public use it is my
opinion that the council has full and
| complete power to purchase and ac-
| quire title either by deed or by dedica-
| ton where the owner is willing to sell
or willing to donate and the price can
be agreed upon. Condemnation pro-
ceedings are only necessary when the
city desires property and the owner will
not sell or the purchase price cannot be
agreed upon"
Two incidents have recently arisen
|
city will derive from acting under Mr..
| Lambs reversal of these opinions The
council had occasion to buy horses. If
it had been necessary to advertise for
bids some undesirable stock might have
been unloaded on the city. besides the
delay the old procedure would have oc-
| casioned. But the most important Is
| the illustration furnished with refer
ence to condemning property for public
use by the recent purchase of property
4 for city corral. w. III. Winters was
willing to give a clear title to the prop
i erty purchased, but under the old plan
condemnation proceedings had to be in
stituted This was done before Mr..
Lamb came into office. The proceedings
i before they are concluded will cost the
i city upwards of more than Sl50-mOney
that is absolutely thrown away. since
the property could have been acquired
without the necessity of condemning it,
Mr.. Lamb has given the council an
other important opinion in relation TO
the building of sidewalks which will
operate greatly to the satisfaction of
property owners Heretofore it has been
4 necessary when the city deemed a side
i walk necessary for the council to order
the walk built and assess the cost &c
the property owner without reference
4 to whether the property owner wanted
/ to build the walk himself or not Mr.
Lambs opinion is that the city serve
notice on a property owner to build tbs
/ walk desired and if the notice is ignored
then the city build it and assess the
cost to abutting property.
The ruling will put an end to two
thirds of the claims sent in to the coun
Gil for rebates on special Sidewalk
| taxes.
For the stand he has taken in these
matters, Mr.. Lamb has been widely
commended, not only by the aldermen
but by taxpayers who have heretofore
| been sufferers.