The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-09
No Matter if Counciimen Do Own
Stock in the Companies.
PUBLIC VEAL is AT STAKE.
If City Could Not Deal With Concern.
Without Regard TO Law as to It-
teresr OF City Fathers
There Would Be
Great Incon-
yenience

Hon. II. r. Pollard. city attorney. has
prepared an opinion to the effect that
corporations are not debarrcd from con-
tracing with the city because stock
holders III them are members OF the city
Council The city attorney has given this
opinion by request in view OF
the controversy growing out of
the suggestion that Messrs. J. II. Law
der and W. II. Adams. members of the
Council Committee ON Accounts and
Printing. might be stockholders in ths
Everett WadIey Company. where both
are employed. the Wadgtey Company be-
ing bidder for the contract 10 supply
the city department with stationery dur
ing the year 1901.
It was stated at the meeting OF
the Committee on Accounts and Printing
that neither OF these gentlemen owned
any stock in the Everett Waddcy COM
pany, and a letter addressed to the clerk
OF the committee, signed by the secretary
and treasurer of the company. was to tne
effect that neither Mr.. Lawder nor Mr.
Adams owned any stock in the company
between the dates mentioned in the com
muntcation asking for the information,
November .Jyember Goth Inclusive
and that they were not at this time stock
holders
CITY WOULD SUFFER.
Mr- Pollard. the City Attorney. holds,
however, that a stockho,der in a corpora
tion is not Gebarred from voting on a
contract in which the company in which
he is a stockhoIder is interested. In
speaking OF the matter, Mr.. Pollard said
II the contrary were the ease the city
Il 49,
money. because members of the Committee
on Finance are often stockholders or
directors in the banks He cited many
other cases in which the city would nee
Essarily suffer be greatly incoIIye-
nienced il CouEciImen owning stock in
corporations prevented the city from do
ing business with such concerns
The following is the text OF Mr. Pol
lards opinion
CITY ATTORNEY LETTER.
Richmond. Va, Dec. {. 1900
Mr. J. Fl. Lawder,
Member of Board of Aldermen:
Dear Sir.-Referring 10 your request to
inform you whether q corporation can
legally be a contractor with the city OF
Richmond, where a member of the City
Council OWLS stock in said corporation, |
beg to say that the determination of this
matter is dependent upon section S.3 OF
as it is pertinent to this enquiry. is in
the following language:
.'Sect1sl S22:i.-ft shall not be lawful for
any member of the Council or Board of
Aldermen. or any other officer. or agent.
or any commissioner appointed for the
opening of streets. or any member of
committee constituted or appointed for
the management. regulation or control OF
corporate property of any city, to be a
contractor with the said corporation, or
its agents or with such committee. for
any work or labor ordered to be done.
or goods wares and merchandise or sup
plies of any kind ordered by the said
corporation or by such committee, to be
purchased. or in any manner, directly or
indirectly, to be Interested in the profits
OF any such contract.
While the question submitted is ore OF
some doubt, yet. having in view the OBJ
iect of the Legislature in adopting this
statute, and the Inconvenience that would
result from a contrary construction |
am OF opinion that the mere fact that Il
Councilman owns stock in q corporation
does not render Illegal contract made
between the city and such corporation
Very truly yours.
(SigneO III. 4 PoLLARD.
City Attorney