The record-union., 1899-06-20
The WHTER
QUESTION
PARAMOUNT.
Citizens Demand Relief From
City Trustees.

mands, but knew of only one course to
pursue, which was to provide a system
of mains large enough to give an ade-
quate supply. He moved that the
board meet as committee Of the whole
to confer with the Mayor and attempt
to agree on some plan which could be
submitted to the people for a new Wa
ter plant.
Devine said he hoped every member
would vote for Paine's motion SO as to
give immediate relief to citizens in the
eastern part of the city.
Dolan moved as a substitute for the
whole that the entire matter be left in
the hands of the Superintendent Of
Streets, and the motion was carried.
Then Douglas renewed his motion
that the Clerk be instructed to adver-
tise for 800 feet of pipe to give protec-
ton from fire to the railroad shops.
Chief Guthrie of the Fire Department
said that the shops undoubtedly needed
better protection.
Brown urged that the board confer
with the Mayor and attempt to agree
upon some plan which everybody could
agree to anything then it would be
time for the board to act.
Dolan raised the point of order that
there was no official information to
show that the board had not the power
to override the Mayors veto. He un-
derstood that the Corporation Counsel
had prepared an opinion, but the board
had no official knowledge of the act.
Thereupon the Clerk was ordered to
read
THE OPINION.
The following opinion of Corporation
Counsel Devine respecting the calling
of a bond election regardless of the
Mayors disapproval of the preliminary
ordinance was read and filed:
To the Honorable Board of Trustees
Gentlemen: Respectfully referring to
your inquiry whether your honorable
board can legally proceed with the pro-
posed special election for the issuance
of bonds for certain contemplated mu
nieipal improvements, Notwithstanding
the fact that the Mayor has disap
proved the preliminary ordinance
adopted by the board, which deter
mined the necessity for such improve
ments. 1 have to say that under the
law it is very clear that you cannot
do SO.
Bonds issued by the city for proposed
municipal Improvements must be issued
strictly in accordance with the provfs-
ions Of the Act Of the Legislature Of
March 10, 1889, and the amendments
thereto. Section 2 of the Act referred
to clearly and in express terms pro-
vides that both the preliminary and
the second ordinance necessary under
the statute must receive not only a
two-thirdS vote of the Board of Trus-
tees, but must also be approved by the
Mayor. The two acts must concur to
authorize the bond issue, viz: the pass
age of the ordinance by the requisite
two-thirds of the board and the sub
sequent approval thereof by the Mayor.
The latter's approval is absolutely es-
sential to the validity of any contem-
plated bond issue. The Legislature,
under the statute has vested the
Mayor with the absolute power of veto
in this instance which cannot be over
ridden by the Trustees. The provis-
ions Of our charter pointing the method
of passing ordinances over the veto OF
the Executive are inapplicable to the
present case, for the reason that in
floating bonds for proposed improve
ments municipalities must proceed un-
der this special Act, and are governed
solely by its requirements. The Act
Enthusiastically demands that the ap-
proval of the Mayor be present
Inasmuch, therefore, as the Mayor
has withheld his approval from the
preliminary ordinance recently passed
by your body, / have to advise you that
1t Will be a vain act for the board
to proceed further in the matter OF the
proposed special election, because the
bonds issued under an ordinance lack
ing his sanction will be certainly in
valid. Respectfully,
JAMES B. DEvINE,
Corporation Counsel.
Trustee Tebbets moved that the
board employ Grove l.. johnson and
Hiram w. Johnson to take the matter
into the courts to determine whether
the opinion was Of any legal value.
He said the Corporation Counsel was
legal adviser to the Mayor, and as it
was difficult for one man to act for both
sides, he (Tebbets) was getting tired of
such business
Dolan called attention to the fact
that only the Mayor had authority to
appoint attorneys for the board.
That's so,' replied Tebbets, I'VE
have no right to employ anybody. I
withdraw the motion
Devine conteEded that the opinion
was an able one and would stand the
test of the courts.
Kent said If the Nfavnr cot 1,sy,co1e
above the Board of Trustees, he should
be the responsible party. He said if
the board would meet and advise with
him he might see his mistake and re-
consider his action in vetoing the pre-
liminary bond ordinance He moved
that the Corporation Counsel be in
structed to draw up an ordinance en-
bodying the plans and specifications
mir 1x<ak<,