The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1900-07-19

City Of 81. Louis
Council Chamber,
July L. 1870
The Council met at 800 O'Clock p. m. Mr..
President Meier In the chair.
Present -M-sSrs. Carroll. hoffman,. M'y,
scnbury. Richards. Schneli. Virgins and
Mr.. President Mser-7.
Absent-Messrs Cast, Gaus. Hodges, Hor-
ton. Krdtz Thuner-b
There being no objections. the minutes
Of the meeting of July 10. 1870. as printed
REfORTs OF CITY OFFICERS. .
The following message from the House OF
Delegates WAS read and flied;
f!ousse Of Delegates.
ST. Louis. July 10, i'.A.
To the Honorable President and Members
OF the Council:
you that the Speaker OF the House of Del
cSatcs has this evening. in the presence of
tn. House Ia OXEN session. affixed his sig
nature 10 the following entitled bill, VIZ:
House Bill No. 100. An ordinance to re-
construct Lombard street from Fourth
street to Broadway.
W. II. JUnY
House Bill 10. 10 rs above was read at
length. Ma objection being made, and all
other business being suspended. SIR. fresl-
deIt Meier. IN the presence of the council
I'm open session. affixed his signature Their
to. In accordance With the provisions OF tho
charter.
The following message from the House OF
Delegates was read and HE'D:
House Of Delegates.
ST Louis. July u, 1910
To the Honorable President and Members
of the Council:
you that the Hous. of Delegates, at its
meeting held this evening, passed
House BIZ No. 50. An ordinance 70 pro-
vide for the construction Of granitoid side
walks on west side Of Grand avenue. De
tween Meranisc street and Usage street.
running east of Grand avenue. except sucn
a a
with brick stone or eraniioid: ana except
further such sidewalks as may be con-
structed by owners Of property under me
provisions OF section eight hundred ana
ninety nine OF The Munich. nj Code OF ST.
House Bill No. Io2. An ordinance TO i'm
prove Union boulevard between l'clmar
boulevard and F-irmount avenue, ana 20
repeal ordinance number nineteen thousand
eight hundred and one. entitled: An ordi,
nance to improve !uion boulevard between
pelmar boulevard and FsirInOrnt avenue.
approved April sixth. eighteen hundred and
ninety nine.
prove Union boulevard. between Page
boulevard and Easton avenue. anu 10 re
peal ordinance number nineteen tn ouslii l
eight hundred and three. entitled: An ordi-
nance TO improve Union boulevard between
Page boulevard and Easton avenue. ar-
proved April sixth. eighteen hundred ana
niaety-nine.
". II. JUDY,
House Bills Nos. 50. ZOE and lO4. as above,
We're each read first time.
ESle following communication from the
City Counselor read and on noilon
OF Mr.. Carroll was ordered printed in the
City OF ST. Louis.
Law Department.
ST. Louis, July l3. 1890.
To the Honorable Council of the City of ST.
Louis: -,
edge the receipt. through the Secretary or
the Council. OF 4 copy Of resolution
adopted at the meeting held on last Tues-
printing and binding OF one thoosai'9 I
copies OF the Municipal Code. ana l
answer tho several inquiries directed to me
bv said resolution as follows.
l. The first inquiry made is whether tht
contract entered into between the Cry anu
the Woodward * Herman printing vim
pany is valid and binding upon the print
ing company, and whether. in the event that
tn. work ie not completed and delivered on
july Is 1900 there will he legal htpiiity
on the contract and bond executed py the
company? ,,.,..,.,
NV contention IN the pending litigation i
was and still IL. that since the city OF 81.
Louis is authorized by Its Charter 10 con.
tract for public printing and binding. ana
since the Register is empoWefed py Sne
Charter to enter into such contracts In pc
half OF the City. that. therefore, the CON
tract In question is within the power OF
the City To make. and was not ultra wires,
that the reference in the advs,'isei nfsr
ence in the contract itself. TO Ordinance No.
1911, approved July s. 1s9s. and PopulaEIy
known as the ',nioii Label ordinanIie nov
constitutes al most an irreSuiarity. put
does not render the contract void
l am bound TO state. however, in tnls
connection that the Circuit Judge. in pass
ing upon the application for a temporary TAT
Injunction to restrain and en)oin the Cty
and its fiscal officers from paying out any
money under the contract entered into with
the Woodward & Herman Printing Com,
pany, declined TO entertain these views anu
held that stree the ordinance referred 10
was made a part of the contract it rendered
the contract void in toto.
. The next inquiry is whether II Would
be legal and practical to readvertise TOR
proposals for printing and binding said
Code, emitting all reference 10 :he ordinance
provision respecting the use OF the Union !
label and thus To- Eel"t the contract, and
whether upon IA reIet'ing It would be neces-
sary to award the contract 10 the lowest
bidder?
relating 20 public printing require that work
of this character be let by the Register 20
she lowest bidder All contracts iSG nd ,ni;,.
printing = required to be so let: but no
such condition applies with reference 10
job printing or binding. AS to wnether ].
would be practicable to readyertise, may
saw that the Register made such an at
tempt. making no reference In the adver-
,isernent to the union label ordinance. bu.
was Immediately threatened with an IN
junction suit BY the Allied Printing Trades
Council OF St Louis. or by some OF its Of
flc.rs on the ground that said union label
ordinance was a good and valid ordinance.
and could not be aisregardei by the Regis
ter In order 10 avoid all further litigation,
being OF the opinion that one injunction
suit at time I'm reference to this matter
was sufficient. l advised the Register 10
reject all bids received. and not TO make any
award.
9 Under the circumstances. I know Of no
way by which the city can obtain one
thousand copies OF the Code printed and
bound except by waiting for the final de-
termination of the pending injunction
suit
there will likely be final hearing In the
Circuit Court q the injunction proceeding;
but the probabilities are that the case Will
be reached at some time during the coming.
winter So far as / am concerned, i made
an effort to have the Circuit Court advance
the case on it's docket. and hear 1t i'm
mediately upon its merits. SO as to dispose
of Il before the summer vacation. and TO
enable the parties. IL they deem II neces-
sary or proper. TO take an immediate ap-
peal TO the October term Of the Supreme
Court. In this request 1 was Joined by
counsel for the printing company. but the
Circuit Judge before whom the case IS pend
ing declined to take II up. stating that he
had already assumed to dispose OF as much
vacation.
s with respect to the last inquiry, wheth-
or the. city would be liable for the reason
able value of the one Thousand copies Of the
Code II the Woodward & Tiernan PRINTING.
Company should chose to complete and de-
liver same to the City. and the City should
chose to accept them, I beg to say that
there Is considerable conflict among the
courts as to whether or not a rnuDicipal
corporation can be held liable In assumpsit: