Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-02-06
RESOLUTION VETOED.
Location of the New Library Not
Yet Settled.
Mayor and City Attorney Question
Legality OF Vote Taken at Two Re-
cent Meetings Of the Aldermen
The City Reports.

aldermen Monday night the location of the
new library building was The principal
topic under consideration. The resolution
passed at the last regular meeting locating
the structure on tie city market lot was
returned TO tho beard with Mayor IIaw-
lcy's veto. yea and nay vote to decide
whether the resolution should be passed
over the mayors veto resulted in a vote
of four to four and the resolution did not
pass A motion was then adopted referring
the matter to the committee On Schools
and library, who will relor to the board
not later than February 18th thus leaving
the matter in exactly the same situation
1t was before the regular January meet
ing Of the board. Considerable otncr rou-
tine business was transacted
The meeting was called to order at SD
and all members were present except AL
deimen Courtney and Wood. The first
business for consideration was a COM
munication from Mayor Hawlcy relating
TO the location of the library site. The res
olution locating the library on the city
market lot was returned. together with
an opinion from City Attorney Burnap.
IN regard to the resolution Mayor HnWlev
sad: This resolution entitled A resollI-
tion relating to the location of the new
public library building adopted by your
honorable body On January 6, 1902, is re-
Srectfully returned without .iny approval
Its status at pretent or if app owed by ne
or. again, if permitted to become a law
without my signature is much in question
for the reason that in the opinion Of the
city attorney. reascnall c doubt attaches
* TO the legality of the vote taken ON
January 18th and by the vote taken
January 21st by your honorable body upon
tie resolution No choice Of action is left
open TO mo, for to suffer the resolution to
h'come effective as an Get OF the city
council would imporil the legality of all
future proceedings in the premises"
Attached t. the communication from the
mayor was the opinion of city Attorney
l,urnap, VINO expressed himself us an
rcrnced by Mayor Haw.ey. The opinion
of Mr. Burnap was obtained at the request
of Mayor Iiawl-y and the correspondence
vas submitted To the board
In a letter to Attorney Burnap. Mayor
IIawlcy said "Will you give me your
orinion upon the following points:
First-Ts there any doubt as to the legal
ity OF the vote taken by the board Of al
dermen on Wednesday. January ~, upon
The resolution on library site?
Second-ls there any doubt as to the le-
salty of the vote taken by the board of
aldermen on Friday. January II, upon the
resolution on library site?
Attorney Burnap said in reply:
AS to the action of the aldermen Janu-
AIRY %, ii seems that a meeting of the
board was called at which there was not
quorum present: those present. in order
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'a.u ~, ~ ' 49, VIZ to'n ny Wiu'h the
"I'i" n'" niHt pd7Sru H. iheic Is d uoup'
"'''oli tliere 'aheh' y portioi OF pouE
less than quorum can only adjourn. The
.,t3 ai,cl requires tht1 an meetings ul
,l'e podiu VI a'ucri'ei Si'dii pe puph'' IL
- t"V9'i'n'"Ir "Iiethet the iuJ"utiiHiei''
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'nel ''c H,'e'l'lS 'hcit ''e'u an" 'h'
d" I'm ,"''c '"Nt' ""S itS"''
VII JANUARY o. d" iiecNlS ol 'le oualu
was helu-a quorum peihs present NO
''"ti"ii waS Hiaue l" rcS'I''u we Note taken
on IN, -''' % January i 'ho reS!o'hce "l
MT Noou' ana II was therefore not re-
H'i'u'u uhIcSs ,nc nio'loh mat was Hduo
anu 'hc No'e 'eh'h ''lere"H was equ'Nd'ch'
/" reclsioh' pom proper nouon IL WAS
N"ie" th"t 'hc aau"n or me aIdctmeh
tlheh on January ~ al MI ood mouse
i "' ueClar'u nun ana Noid' ana tha' 'h'
, r'erh De instructed 10 mike TO r'cotu
thoroof' Nhether Such II vote Is eP'lN''-
, ltnt I" a formal vote OF RECESSION may D.
larry questloned ana lhnuSh / lnclhc 10
, lhlhk IL Will 90 on Il plhch' ADMIT uiat -
taxpayer WISHING |" MAINTAIN IN" vote oil
: january ~ 'ouid luuhd an ACTON upon IT,
, WIN "hat success Cdnlot no" say
rE..t al