The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1902-10-16

after the approval OF the ordnance AFTER adver-
Using the SANE h.s days ,s:, IN ,5 5hs PsPs Gems
st sW5-ied 70 the lest bidder. Win the IiShi
Of the ,i' SOard 70 rsjset any any and all bids -
the provisions OF the ordinance quoted neces-
Earily Indicating any expenditure of public money
a SSds the be ss Sadr a5s "a nSi ss io 70 5
Under the ordinance. 80 Tar as quoted. the boaId
CITY garbage a sum 10 be raid the city by the
contractor og they misht have asreed 20 give
10 the contractor the garbage for disposins OF
II, in neither Of which csses would there be in
ting Of any public WORK
NJ they we're 70 be limited IN tire eoatract TO
necessarily Implied an outlay OF public money.
Had this ordinance provided for The letting OF
they could not. under section 2, have let The
contract to the beat bidder, as this section pro.
The lowest bidder Under this section the outlay
o. puohe me3ey : IN asi ,.s 60 ~ Sslio
work under estimates 10 be submitted. for which
B But TIA sale of The city's garbage for disposal or
consumption involves necessarily no outlay q
tsTs no, PSbiic WorS FOR Which the Board OF
Public improvements Is required 70 contract
81 % asS1a AS Tbst pfSsy are sa i5orssnt bsfy
with power 20 act themselves or to employ
BY By some reference to the provisions OF ;hs
reached. Under the miscellaneous provisions q
S7evS Sse ssrs hat ssSn sSeFs no of o.r or agent
authorized TO contract for The city BY easstihs h
the comptrollsr. thus clearly showing thai re re
cer. vim power 70 esnirae, for the city. but
thus the Assembly may authorize other parties
Of omission to 90 50. The Comptroller can sxeF-
ms % provision. Z; seems ought TO setue the
question q he authority Of he Board of Hsalta
70 make The contract ia question But TIE rEht
ing OF such contracts may vel be eassd upon
fho~a ALREADY mentioned
me Charter IN dsfsrTfnE the powers Of the
g page zi0 usss this ianEusE Ee: 10 prevent ths
introduetion anS spresd q e9ntasious disessss:
the Eener'l health. Of The inhabitants BY any
sTsi-Eeifars claus Csection iT the following Ian
EuREe IL used: To pass All ordinance. not In
s1Sse as nav H he % erpsdent IN msntsinns tss
peace. good government. health and welfare OF
The authority Of the legislative branch Of the
Eovernmsn' both , siats & and muaieipel - u s -
h6e-al: IN, The s measure Of s1ch authority may =
case. The law esteerns maintenance Of the pub
lie peace. the public safety anG the public healta
arv OF ali other public Interests combined.
Much has been sald about express and i'm
'ended that there are no implied powers under
1inost the entire police power Of all IaualeI-
paiities are Eranted under the general weisare
" used and special subjects rarely mentioned.
I find NJ express authority under the charter a
concealed weapons or 20 punish a case % as
ssuit and battery. yet no one doubts is author
provisions Of the Charter FOR the raainisasnee Il
the public peace and general welfare Of Its pso-
can it be that the public health provisions Of
nIepsI Assembly Tor ne Trssseryai,en n % fSe
hesith OF its citizens.
earnestness. that pfesumptions can be in
dulEed IN favor ~ the v1idity of city ooTd-
The legal presumption Is that al iesisihtive
ipai as well as STATE nor a. ! unssTsiand the
rule 10 BE-. which has also been Insisted upon
eitv ofsihaSee hat the doubts @ sboia | %
solved against TIE qrdizance in either civil OF
The ensetments of The Coordinate branch Of the
nsriiy exercised With great csuiinn,
Whilst such power Is CONCEDED. Il has always
ingiy. and never by its edict 10 invaiidafe law
regularly passed and approved. unless thee is
With the organic law: % oT as iuaee Bars.ss % nuts
{, 10 the esse q Cunningham V Current River
mind should be ssilsasa q tss invsiidlty Of the
AoeepsinG this as The ssfs and correct MI.
must. 20 Tar - the ordinance IN question ap-
As 70 The. other question raised by the State
that iae csfendAnt = estopped in This case from
no ruling Alihough quite current Of authority
ne dernurTrr to the indictmen, is oyerru,ed in
when court adjourned yesterday Judge
Hockaday ordered all books containing the
authorities cited during the eight hours of
argument. brought 10 the home OF his
brother. l. q. Hockaday
He spent every hour Of the entire night
IN coming these LEGAL volumes. and In an
alyzinE the St Louis city Charter. He also
wrote his opinion when the light OF dawn
was beginning 10 appear. Then without haV-
ing had a wink of sleep. ne came 70 court
and entered upon an nrduous day. He not
alone disposed Of the Butler case, but tried
another. and arranged his entire docket
The DEFENSE OF cogrse excepted 20 ihe