The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-22
FIGHT OVER MAYORS VETO.
Continued from Page one.)

presented for his approval. but also the
charter goes on to add, 'the order OF
every branch involving an expenditure
of money" IL may well he said that thi
spirit of this charter where the action
of two branches is required 10 be re-
viewed by the mayor. certainly requires
the action OF one branch to be re-
viewed by him with keener scrutiny.
The second point the REALTORS coun-
sci contend that there Is a vast differ
ence between the election of an officer
and eXpediency of "a resolution creat-
ing that Office. The present case diff
fering much from the claim of the re-
spondents that If the commissioners
selection Is not expedent the election
OF all officers would be open to the same
objection, for here the question IL
whether IL is necessary and expedient
10 lay out a certain street. which is
question involving the knowledge OF
the aldermen as officials as to the expe-
diency of the passage OF the proposed
measure, and requires and presupposes
all the knowledge and information upon
their part proper TO the passage Of such
an order. Again. IL is no argument
against the express provisions OF a
city charter that the town councils OF
the separate towns do not have their
action supervised b va mayor or any
corresponding officer II is with the
city provisions of the city charter for
the benefit of the city that we hssve
here TO deal, and IL the city charter
for the benefit of the city requires thai
the supervisory power of the mayor
shall be interposed TO protect the city
from the action of one branch as well
as from the joint action of two, one can
well see that such provision Is one
dictated by every consideration that
would lead to giving the mayor a veto
power at all.
In regard 10 the question as TO wheth-
er or not this action involves the ex-
penditure OF money counsel for the re-
lators urge that the word employed by
the legislature is Involving" as if they
had i'm mind not only an order directly
appropriating a definite sum, but any
action that by indirection and starting
the machinery In motion would ulti-
mately occasion the expenditure of
money.
In conclusion the REALTORS say that ct
Is earnestly contended therefore by
these REALTORS that the action of these
respondents in attempting to act un-
der resolution that had been present
ed TO the mayor and by MIN vetoed is
highly revolutionary and involves the
be permitted and 80 apparent that il
doubtless was I'm the mind OF the FRAN
ers of this charter when the power OF
the mayor was so broadened as 20 COW
er all possible contingencies for either
branch OF the city government acting
by itself alone 10 improvidently expend
the city's money.
James l.. jerks is solicitor for the
pncnnD1anfQ "a MI "a 1fs attnf f,,
OF his demurrer he maintains that the
sole question before the court on de-
adjournment and also every order OF
OF section three OF the charter. of the
city of Pawtuckct. The main feature
OF which is the provision that every
act requiring the concurrence of both
branches OF the city council except an
adjournment and also evry order OF
either branch involving an expenditure
of money shall be presented to the ma
yOr.
In behalf OF the respondents Il is
claimed that the provisions OF the
clause referred 20 do not apply TO the
action of the board OF aldermen I'm
appointing commissioners TO lay out n
highway. First. because the appoint
mcnt Of commissioners OF lay out of a
highway Is not an order. 81 is an cleo
tion. And unless the election 'of a pub
lie order can be construed 10 be an or
der of the board of aldermen within the
provisions Of the city charter the IAN
gauge of the clause Is inapplicable TO
an election ~ commissioners To lay out
a new Highway. Second, because Il is
a significant fact and one OF value in
the construction OF the clnise I'm tho
present dispute that In The entire his
tory of the city the present Is tho FIRST
attempt by any mayor 60 exercise the
veto power In ease VI the appointment
OF commissioners 60 lay out highway:
ANA during nearly the entire period tho
legal affalrs 81 the city were In charge
Of tho same individual who drafted tho
charter itself. and who presumably was
perfectly familiar with the clause "a
question. A. to the question o. the cx-
penditure Of money counsel contends
there can De no enormous expenditure
OF money hy the commissioners as they
simply prepare a plat. agree With abut-
tors as t0t damages. VI possible. and
then report 90 the board of aldermen
The spivit and genius OF tho charter
is opposed go the construction sought
by the infnrmauts. its sole purpo.r bo-
ing to enable The city 90 carry un Us
existence ne "a corporation and the eiec-
ZION of commissioners 90 Jay 0ui new
highway comes from the statutes anI
neral law ~ the state.