The Providence news. (Providence [R.I.]) 1891-1906, 1901-12-03

goodly amount OF business transacted.
President Kendrick occupied the chair
snd the members who failed TO respond
no their names were Counoilmen Birming-
ham, Devlin, Gardiner, Kenyon and Raw
son.
The records OF the previous regular and
nlso OF special meeting were approved
~ read by Clerk Hayden.
Councilman Root called from the table
The report OF the committee on parks rec
pmmcnding the passage OF a resolution
40 hire $1,000, and directing the purchase
NJ certain land for Blackstone park at
"a price not exceeding $1,000. IL was re-
Ierred TO the committee on parks.
CITY SHOULD CONTROL.
The following veto message from Mayor
Granger was read by the clerk:
Providence. r. T.. Dec. .. 1901.
Gentlemen of the Common Council:
return herewith without my approval
Eoint resolution OF the city council au-
thorfzing the commissioner OF public
works 10 build narrow suase railway
5n Aliens avenue from the tracks or the
New York, New Haven Hartford Rail
road company TO the Improved sewerage
plant at Fields Point
While 1 approve the purpose sought 10
be accomplished by the resolution OBJ
ject TO the following clause: Provided
that II electricity or other motive power
liz used for operating said narrow guage
the consent OF the Union Railroad COM
pany shall first be obtained therefor
The natural conclusion from the clause
] have quoted is that the city IL prohibit
ed from using ts own highways for the
carrying of it's own material solely for
its own use without the consent of the
ITvfn Ha
railroad company had been granted the
right TO lay its rails in such highway or
not. l do not believe that this PROPOSE
tiou is sustained by an examination OF
the law.
The act OF the general assembly passed
May 3, 1892. entitled IAN act concerning
The Union Railroad company" did not in
my opinion give TO the Union Railroad
company the exclusive rights far
reaching az TO prohibit the city from
transporting upon its streets II own prop
erty by any means it chooses to employ,
long as such transportation does not
interfere with the exercise by the rail-
road company of it's rights in the streets
granted TO II. II is plain that the In
tent was 10 secure TO said company the
exclusive right TO carry passengers and
freight for hire I'm such streets as had
been or should be designated.
But even II the intent of the act OF
May 3. 1892. above referred to, was to
take from the city the right to carry its
own materials upon Its own highway. yet
the language OF the act Is not such as to
render IL necessary IN the present In
stance that the consent OF the Union
Railroad company should be obtained.
section OF said act. although blindly
drawn yet plainly provNes that the ex-
elusive right OF the railroad company
shall extend only TO "the same streets
ana highways in which at the time Of
she execution of a certain mortgage it's
trucks rails ETC. were laid and I'm such
other streets and highways as during the
period OF 20 years from July l. 1892 they
shaii from time 10 time be built and
constructed That Is. the exclusive right
10 occupy street was not 10 become
operative until permission having been
granted the tracks and rails had been
built and constructed therein
IN the case before ms no consent has
hecn given for and no rails laid i'm Al
len's avenue. VI may be asked what harm
81 done BY the passage of the resolution
with this clause attached so long as the
railroad company Is ready Go grant its
consent Simply this, that by the pas
sage OF the resolution with the provisO
attached 80 the city council recognizes "a
slairn which. IN allowed. would greatly
add 20 the power OF the t4I1f0u Railroad
company over the streets of tho city.
in my opinion Is not justified by law
ana Nould tfnpdffaSS lne city II at any
Time IN the future IL became necessary "a
contest such claim. j recommend that
she resolution be passed with the clause
referred TO eliminated.
,signed) u. l.. y. GRANGER,
Mayor
Upon motion OF Councilman Cushing the
original resolution and the mayors veto
message. as well as all papers pertaining
thereto, were referred o. the committee
an railroads.
MAYORS POSITION SUSTAINED
Upon motion OF Councilman Leonard
the rules were suspended for the evening
end the second veto message OF the may.
or was read as follows:
PrOvideace r l.. Dec @ lg0l
Gentlemen of the Common Council:
7 return herewith without my approval
5ont resolution OF the City Council an.
1horizing the commissioner 81 publ,
works 10 purchase certain sewer rnatcri.
els. and also Joint resolution of the cit,
council authorizing the Commissioner o
Public Works 20 purchase certain watel
materials. am informed by the city audi
tor that the former resolution will cal
dor an expenditure estimated az So 0oo
end the latter OF an expenditure estimate
at $500. My objection is 90 the CLAUSE
which permits tho purchase % the ma
seriais mentioned with or without advcr
Using therefor. In my opinion no cN
yendiiures of large amounts should ~
made without due advertising FOR bids
TheTe are occasions when ~ may be nee
sssary 90 purchase small supplies withou
delay. bui IN al large expenditure tn
sniv safe course for the city r. 90 insis
7ipon publicly and AZ opportunity 10
.ornpc,ltiOr The accompanying lette
from the commissioner 80 public work.
together With new resolution propose
D. him r. submitted.
sslrncd) -. l.. u. GRANGER.
Mayor
Councilman Cooke thOuEht that th'
,navor's reasons were sunicicnt and iarg.
contracts should not be made without ad
,ertislne for bids aud inviting compoti
ton
The Substitute resolution agreed upoi
iy The mayor and commissioner of puoii'
works vas then approved UNANIMOUSLY. j
ssquires sdsvusins IN all inttaEeo'