The Montgomery advertiser., 1902-04-15
ALDERMEN TO GO ON RECORD. Will Probably Hold Open
 Meeting. : LOSS IN BANK FAILURE Why Suit Has Not Been
 Brought.
 q. -aF Charles P. Anderson of Fourth Ward Tells How Resolutior Was Re- ! pealed. in Secret Session.
 Favors Suing for Money.

II lG vQrOOdDiG a SpeCldt OpCIf, Hcetiu6 OL the Montgomery City Council -wilRbe held today or tomorrow to take some. public action on the matter efsthe repeal of tho Mcintyre resolution authorizing the City Attorney to file suit against the bonds-
 men of R. H. Somervil1e, former City
 Treasurer, on account of. the financial
 loss to the city by reason of the failure of the banking house of Josiah Morris & Co.
 The City Council it will be recalled by readers of The Advertiser, adopted a res olution on February 3rd directing the City Attorney to bring suit against the bondsmen of MT. Somerville. Recently. when City Attorney Steiner was asked by a representative of The Advertiser. why the suit had not been filed accord ing to the resolution, he replied that the rt solution had been repeal ed by the Coun- ciI in executive session.
 In an interview yesterday evening, AL. derman Charles P. Anderson, who repre- sents the Fourth Ward in the Council, said he had been advised that tno action of the Council in repeating the resolution if executive session was illegal. and that he pr oposnd to try to get a. special meet ing of the Council for the purpose of having the Aldermen go on public record as to how they stand on the matter of repeating the resolution ne resolution ulTecIlnE the tlIy AL torney to file the suit was originally drawn by me-" said Alderman Andersen. My resolution was imperfect as to de- tails. and Alderman Mcintyre improved upon it with a substitute. which was adopted by the Council on February 3rd. Alderman Mcintyre Alderman Hartley and myself had been appointed a commit tee to investigate the claim of the city
 against former City Treasurer Somerviile
 and Josiah Morris & Co.'s bank, We decided that the City Attorney should resolution was the result of the decision of the committed. Several days passed by and nothing had been heard of the suit. Questioned
 by myself and others. City Attorney Steiner said the matter was delayed by the absence of Mir. Somerville in Br- mingham. About two weeks ago, and at the conclusion of Council meeting one
 night Alderman Cheney suggested an ex- ecutive session. When the spectators
 and newspaper reporters had retired, a
 resolution was introduced repeating
 the resolution authorizing the City Attorney to file the. suit. The reso-
 lution was supported by Aldermen Elem ing. Cheney and Roeders A great deal
 was said about the proposed suit interfer- ing with the ability of Josiah Morris &
 Co. to pay it's claims. and Alderman Roedcr asked me if we got pledge from Mir. F. NJ. Billing that an installment
 would be paid in few daysIif would withdraw my opposition to repeating the resolution. I told him I would not; that
 I thought 1t essential for the city to
 bring suit, if We intended to do anything about it. ,s"Y
 Alderman Mcintyre and myself saw that we were in the minority. and we did
 not undertake to, oppose the repeal of the | resolution. A viva voce- vote was taken | and the resolution repeating my resolu- tion was adopted. Alderman Mcintyre
 and myself voted against it. I under stand that Alderman Kohn and. Alderman Rushton claim they did not vote at all, on account of their close business rela- tions with Josiah Morris & Co.,. ~. | "City Attorney Steiner was present dur | ing the executive session, and when the repeal resolution was adopted Alderman l Hartley raised the point that it was | doubtful if a resolution could be legally
 passed in executive session. believe he asked that the doors be opened and that | the action of the Council be confirmed in
 an open meeting. The City Attorney de- | clared that this would be unnecessary as he would regard the repeal resolution as
 binding and would not file the suit.
 T did not understand this action by | the SOuUCll to mean that tne SulL was not | to be filed at all, but rather that the
 matter of filing the suit was to be de- | layed. since the publication of this matter by l The Advertiser Saturday morning have made dligent inquiry, and I have been | advised that the action of the Council in
 executive session is not legally binding. | If can get a sufficient number of Alder men to join me in a call I propose to | ask President Fleming to have a special
 meeting of the Council as early as possi- ble so that every Alderman may go on | record concerning this matter.
 1 "All along have been in favor of suing for the money lost by the city. I have no
 political ambition and do not propose to stand for reelection. I have enough of | the Council already"
 | Alderman Mcintyre said he preferred
 not to discuss what transpired in an ex. l ecutive session of the Council
 You can say" he said. "that the reso- Iution directing tho City Attorney to
 bring shit was not repealed by unani- | nous vote.''