The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-16

but also for a tax levy to pay b same
and the interest thereon
This question is therefore involved:
Was the act of 1891 passed in the nan
ner prescribed by article III section IL
OF the constitution of the state?
If it was not, hen the act the cleo
ton and bonds Gf issued) would be "a
valid.
To ascertain If said act was passed
as prescribed by h constitution / have
carefully examined the journals of the
house and senate for the session OF 1891,
when said act was passed
Without going into details, from what
appears in the journals and in view OF a
recent decision of the supreme court of
this state, (G4enn VS.. Wray 126 n. &.
1900 I think there are good grounds for
holding that the act was not passed as
prescribed by the constitution and is
invalid. The supreme court alone can
definitely decide the question
For the reasons stated above 1 am
of opinion that the election provided
for by said ordinance and any bonds
issued in thereof would be
invalid and void in law.
Having arrived at this conclusion
have not deemed it necessary to discuss
the suficiency of the ordinance itself.
AS the matter is Of general 1mpor-
lance I have stated my reasons fully.
E. S. MARTIN.
ELECTION DECLARED OFF.
After the reading of the opinion of
board that it would be useless to call
an election under the act of 1891. Mr..
Riach, therefore, moved that the reso-
luton of the board of aldermen call
ing the election and appropriating $500
for the expense of such election, be re-
turned to the board of aldermen as
non-concurred in for the reasons set
forth in the opinion of Mr.. Martin.
The motion was unanimously adopt
ed and thu the sewerage election goes
by the board. This result was ex-
pected by those we'll informed. By a
different method of reasoning Mr.. Mar
tin and City Attorney William ]. Bel
lamy, the latter of whom rendered his
opinion to the board Of aldermen, both
arrived at the conclusion that the cleo
ton would be invalid and the bonds
would not legally issue.
Acting Chairman Yates upon an
n~ouncing the unanimous adoptioa of
Mr.. Riach's motion, said he would like
to see the city own it's own sewerage
system, but we would have to wait a
year until the general assembly meets
and then get an election act passed that
would be valid and sufficient.
Mr.. McNair remarked that he
thought the city should own it's W
sewerage but under the opinion OF Mr..
Martin the board could not concur in
the resolution of the board calling the
election. He said from what he could
gather the First and Fifth wards would
have voted against the bond issue any
way.
Alderman E. F. Johnson, who was a
spectator, interjected h statement
that hired men had been sent into those
wards to defeat the bond issue If the
election had been held.
Mr.. Riach said he wished to call at
tention to the tax assessment. He had
been informed hat the tax listers esti-
mated that assessment hat has been
made would foo up something over
a million dollars more than was esti-
mated. The recent tax levy of s1.65 on
the hundred dollars was made on a ba-
sis of an assessment of $1,000, 900 but
the valuation would be something like
5000, 900. He remarked that this would
warrant a further reduction of the tax
levy for the special fund, which levyI
is 65 cents. 1t could be reduced to att
least so cents and he was in favor of
doing it as he did not believe one cent
more than was necessary should GOMEZ
out of h pockets of the people. Hell
stated Thai he expected to leave the|
city for a few days and he wanted toI
put himself on record to this effect bel
fore his departure.
The board then adjourned.
Through the months of June andI