The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-07-02

"a AID 22s s. Meridian street. indianapolis. Ind
general election in October. No time will
be lost In taking the matter into the courts.
but the exact method of procedure has not
yet been made public by the legal commit
tee upon whose advice the Republican
members of the Council have based their
action in e~lecting the inspectors. Ii has
been suggested that the Republican inspec-
tors will request the city clerk, who Is au-
thorized under the Jaw TO administer the
oath Of office to them at once, and If he re-
fuses a suit in mandamus wall be instituted
in the Superior Court.
The action OF Mayor Taggart in returning
a communication TO the Council last night
In which he assumed TO veto the action or
the Council in electing inspectors for the
special ~electicr. caused a ripple of amuse-
ment among Republican members as IL
was generally felt that he had exerted him
self unnecessarily in accomplishing abso-
lutely nothing. When the clerk had fin
ished reading the communication Council
man Daller (Rep) moved that IL be not
received and not made a part OF the record.
The motion was carried, and the mayor
veto was forgotten in the consideration OF
more Important business.
THE MAYORS VETO.
In his communication to the Council
Mayor Taggart assigned the following rea-
sons for vesoing the action of the Council
in electing inspectors for the special cleo
ton:
your order for the appointment OF in
spectOrS for the several precincts or the
Fifteenth ward, TO set at the special cleo
ton In that ward. which has been called
for the 18th of July, which order. signed by
your president and attested by the city
clerk. has been received by me in the usual
course. and is hereby returned without my
approval, for the following reasons:
Il. The records of the Council show that
in the adoption OF the order referred to
your honorable body violated one of its
rules. regularly adopted, requiring all mo-
lions to be reduced TO writing upon the
nrOnpr demand of a member. The charter
requires the Council TO adopt rules for its
government. These rules. when adopted.
are as much a part of the law governing
your action as the charter itself.
80 Your records show that in the adop-
tion of the order appointing such inspectors
there was a studied effort TO evade or vio-
late that provision of the city charter
which requires all orders, ordinances and
resolutions of the Council TO be reduced TO
writing and submitted to the mayor for his
approval TIL charter was adopted by the
Legislature in 1891. The first election held
under IL occurred a few months thereafter.
Hon. T.. L. Sullivan. an able Jurist. was
then mayor. The men who wrote the charter
were. with great interest. watching its prac-
teal workings, and were constantly called
into consultation by the mayor as 10 the
proper construction to be placed upon IL.
On the question as 10 the selection of cleo
tion inspectors there was no difference of
opinion amongst these gentlemen, but II
was agreed that the proper course, under
the charter, was the appointment of such
inspectors by written resolution of the
VAAAN Ia&A aAALAAl ~ sun
mitted 10 the mayor for his approval, and
such was the course adopted. Hon. {. >.
Denny, also an able and experienced law
yer. succeeded Judge Sullivan as mayor.
The city's legal adviser at this time was
Judge John Il. Scott. In the Council were
such weIl-known business men as George
Merritt. Henry Rauh. Theodore Stein,
Charles Krauss, Arch. a. Young, l.. W..
Drew. William Kaiser. John Il. Allen and
William III. Cooper, Amongst these gentle
men there was not the slightest diversity
OF opinion as TO the proper course 10 be
pursued in the selection OF election inspec-
tors. and they were appointed by a resolu-
ton OF the Council. which was submitted
10 the mayor for his approval. And so this
construction of the charter. placed upon IL
by the men who framed IL. has been fol-
lowed In every election that has occurred
since its adoption. TIL present Council.
however. has attempted. by the violation
OF It's own rules. to strip from the cxecu-
exercised by all previous executive officers,
and Is now. in violation OF the plain provi-
sions of Sections Is and % OF the charter.
and In disregard OF ali precedents. openly
denying that the executive department has
any voice I'm the matter in question. There
Is no provision OF the general election law
bearing upon this question that was not in
the election law in force during the admin
istration OF my predecessors.
,. IL the established precedents are to
be overthrown, 1 would suggest that. as
Section twenty-siX of the charter ex-
pressly prohibits the exercise of the ap-
pointing power by the Council. and as Sec
80 1870 ~ 49,
all executive functions prescribed by law
In the mayor. the duty OF making
these appointments will by law fall
upon the mayor. 1 cannot consent
that the functions and rights of
the executive department Of the city, as
plainly fixed in the charter, shall be re-
pudiated and annulled by the Common
Council. There can be no political exigency
grave enough 10 justify a violation of law.
The election OF a councilman in the Fiji
teenth ward. while important 10 the people
OF that ward. is nor OF sufficient impor-
tance 20 warrant the setting aside of all
OF the city charter which has been agreed
TO by men. OF ali parties from the hour such
charter became operative"
REDIsTRICTING ORDINANCE.
Mayor Taggart also returned to the Coun-
Gil without his approval the Negley redis-
tricting ordinance. He assigned as his
reason therefor that the boundaries OF
the precincts provided for In the ordinance
conform 10 those existing I'm the county al
the last general election. by an exam
nation OF the vote east in said county,"
Mayor 1aggart said. 1T will he shown
that many or them. al said election. con-
tanned over go electors. The law expressly
prohibits the creation OF any new precincts
containing over go electors. and the pro-
posed change would not be in conformity
with the law"
The mayor also vetoed the ordinance re-
curing the riders Of bicycles 10 keep one
hand on the handle bars. He expressed
the opinion that the ordinance would work
an Injustice 20 young persons who are en-
gagged IN carrying bundles and packages
upon their wheels. as Ii would require
them 20 keep their hands on the bar OF
their machines at all times. He also
doubted tho right OF the Council 20 pass
an ordinance which makes the riding OF
a bicycle without one or both hands on
the handle bars an 0fense.