Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-01-18
TIE EXPECTED VETO
Mayor Judiciously Decides That
He Is Right Much Law
Quoted.
Also Considerable That Isn't
Law. In His Veto Message TO
the Council.
Effort to Pass Electric Plant Res.
olution Over Veto Fails BY
One Vote.

L
olution Over Veto Fails BY
One Vote.
Mayor Pierce was ready with his
promised veto OF the Kreutzer resolution
when the council met in adjourned ses-
Sion Thursday evening and eight pages
/ Of typewriter matter were necessary to
bolster up his contention that he and his
three followers on the council are right
and that five members are wrong. The
4 council nevertheless, came within one
vote of passing over the veto the reso-s
i Luton to submit the electric plant con-
A tract to two attorneys for advice, the
council We're not impressed with the ar
Il guments advanced to sustain the may
Ior's position. The veto message was
somewhat of legal opinion in itself, the
mayor evidently believing that his opin-i
4 ion is as good as the average lawyers.
4 What force and effect 1t might have had,
4 however, was marred by the addition of
4 personalities and the bringing into the
l'question the Marshalltown Light, Power
4 & Railway Company, which does not
4 figure in the present controversy. He
talks about Opinions founded on reve-
nue. not always being a safe guide.
i Possibly he knows whereof he speaks
I'm this regard. The veto message is
A as follows, except that few unimpor-
\ tant paragraphs are eliminated:
Gentlemen OF the City Council: On
the 18th day of January. 1901, there was
u PASSED by your honorable body, by a
!, vote of five to three, a certain resolu-
4 ton that as amended by you reads as
4 fellows:
81 e Be 1T resolved, That the question OF
( The legality of the contract with the st.
a Louis Electrical Supply Company for
4 electrical apparatus for the sewage
{ pumping station be submitted to two
attorneys, Mr. A. c. Daily and Mr.. j. Il.
a Meeker. If these two attorneys find 1t
q impossible to reach a unanimous decis-
s. ion they shall have authority to engags
Il third attorney to be mutually agreed
Fl upon by them and the decision reached
< by majority of these attorneys shall
he final and conclusive as to the 5egali-
Il ~ of the contract and all the parties
i shall be governed thereby.
Il feel that it is my duty to return
athis resolution to your honorable body
a without my approval, for the reason
that an examination of the law shows
conclusively that the contract was le-
Eally and fully entered into, and accord
ing to the record this contract is the
= expressed will of the council.
Z The first question to be decided In
demonstrating this matter. aud one that !:
81 inportant is whether or not the mayor
Ills a member of the city council There
is not a particle of doubt but that he is
Section 645s of the code reads, City ant
town councils shall be composed as fol-
lows in citesVof the second
seiass a mayor and two councilmen from
Bleach ward
!, Section s5s-5 reads: In cities of the
second class he (referrng to the mayor,
shall be a member and the presiding of:
:. ficer of the council with the right to vote
in case of a tie.
I'm fact in late years the fact has no,
d been questioned that the mayor is &
member of the city council. This ther
makes the membership of the city coun-
4 kcil nine instead of eight, as usually con
sidered.
With the membership of the cit,
council determined the next question I:
whether or not the contract with the ST
Louis Electrical Supply Company wa.
fairly and legally entered into. The rec
J, ord shows that the matter of power fol
the sewage plant was fully considered
and discussed and that the final decis
: ion was to give the contract to the st
2 Louis company. The question of powel
+ for the pumping station was discussed
by members of the council from the tim,
!. the work on the plant was first started
!, The question was first brought in tn,
Icouncil on Sept. "a, 1900.
:. ION the 9Th day of October 1900 tn,
: committee reported in favor of electrici
ty. The minutes of this date dealing
with this subject are as follows:
1t was moved by Harris and sec
onded by MCGUIRE that electricity b,
FAMED as the power to be employed a
the sewage disposal plant. on the ques
ton. Shall electric power be employed?
the vote was as follows: Yeas-B Benson
Good. Harris. Henry, Kirby and Nc
CURE: nays-Fisher and Kreutzer. 81
:. the motion prevailed. The special sew
age committee was instructed to secur,
sealed proposals for machinery necessa
ny at the sewage disposal plant as 500,
!. t.s the specifications were complete
Il
members Of the council. voted in favo
OF electricity and the special sewag,
committee naturally felt that the ques
!. ton was decided and they carried GU
the instructions of the council in goot
IS faith and secured all the propositions
possible for the installation of an cleo
Z trio power plant. On Oct. %, 1900. tn
minutes show that the following action
was taken in regard to the power plant
Sealed proposals for the pumping
+ station at the sewage disposal work
S were received from the New York Safe
: ty Steam Power Company. for eng,n
only: st. Louis Electrical Supply Com
Iany and the General Electric Company
Renson introduced proposition iron
the NJ. L., P. & r. Company for fur
nishing power for the plant 1t wa
moved by Fisher and seconded by Ben
son that the communication be receive,
and placed upon file and a committee b
!. ppointed to confer with the company
= 1t was moved by Henry and seconde.
by Kirby that the motion be amende,
/ by placing the communication on file TO
{ investigation. The amendment an,