The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-06-10

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The point is now made by those inter-
ested in the Cedar street inteurban loop
ordinance that the measure has become
effective and operative by the failure Of
the mayor to return the same to the city
clerk within five days after 1T was pre-
sented to him for approval In this event
the ordinance lacks only official publica-
ton and acceptance by the company to
make it. a contract with the city. If, as it
is claimed. the ordinance has become
valid one owing to the mayor not return
ing it with his veto within five days then
1t is all on account of the hodge-pcdse
| compilation Of the present city charter.
Chapter of the charter. section 2, page
10. relating to the duties of the mayor,
says:
ALI ordinances ana resolutions shall.
before they take effect, be presented to
the mayor, and IL he approves thereof lie
shall sign the same; and such as he shall
council. with his objections thereto, by
deposting the same with the city clerk
to be presented to the common council
at the next meeting thereafter. If
any ordinance or resolution shall not be
returned by the mayor within five days
Sundays excepted) after 1t shall have
have the same effect as If approved by
him.
The ordinance was sent to the mayor
June 2, at $50 p. m, and as stated in the
G OBJ yesterday, was returnd to the
city clerk with a veto message Thursday
afternoon shortly before o'clock Some
question was raised as to whether the
| five days were not up at the exact hour
Of $3.50 on Thursday, but Corporation At
torney Markham quotes the general stat
utes OF the state on the point, the law
providing that In the computing OF time
within which act is to be done the
first day shall be excluded and the last
day included.
If this section Of the charter Is of force
then Mayor Kiefer's veto is all right. but
there Is some question as to whether the
act passed by the legislature in 1891 codi-
flying the charter did not repeal the sec
ton above quoted In passing what Is
known as the Bell charter that portion of
the charter relating to the duties of the
mayor were amended and on page 80, of
the compilation of 1888, Is the following:
If any order. resolution or ordinance
shall not be returned by said mayor with
his signature to said city clerks office
within five days after 1t 1t has been pre-
scented to him, or shall not be returned to
the DOOy IN winch IL originated, as atOI e.
said, or to said clerk with the objections
of said mayor for said body, the same
shall become operative in like manner
as If he (said mayor) had signed and
approved the same.
This last amendment. 1t is held, repeats
the section of 1874, in which Sundays are
excepted from the five days in which the
mayor had to approve resolutions or or
dinances, and. If this point is sustained,
then the mayors veto was one day too
late, and the ordinance became operative
without his signature Wednesday night.
M. D. Mum, attorney for the street
railway company, refused to discuss the
matter last evening. saying that he had
not conferred with either President Low
ry or Vice President Goodrich in regard
to the ordinance.
Several members of the council stated
that the street railway officials had can
vassed the council and had received as
surances that the section providing that
the track be laid five feet west of the
center line Of the street had practically
been nullihed in the ordinance by the
amendment which gave the council the
right by three-fouths vote, to order the
track removed from the street whenever
1t was deemed necessary.
If, as 1t Is claimed, the ordinance be-
came operative by reason Of the mayor
having allowed the five days to elapse
without affixing his signature or vetoing