The Montgomery advertiser., 1902-05-06
WILL FILE ] SUIT TODAY Action by City Against
 MT. SOmerville. RES0LU LUTIoN BY. COUNCIL Sharp Passage Between AL
 dermen at Meeting. City Attorney Steiner Absolved of All Blame in Delaying the Mat
 ter-Mr May Against
 Proceedings.

vote of Il to 1, last night Instructed the City Attorney to at once bring suit against R H. Somervile. formerly Treas urer of the city ,and his bondsmen on ac- count of the money deposited in the | house of Josiah Morris & Co, | which failed in January. 1901. City At torney R. F. Steiner. after the Council had adjourned, said he would file the suit ing: reached until after a rather stormy ses- sion during which one or two Aldermen came very snear the caustic point in ref crence to their colleagues. Aldermen An- dcrson and Cheney were called to order i, by Alderman Toole. who was presiding. | before the breeze which was apparently | laden with trouble was full blown.
 Alderman Anderson first submitted the | matter to the Council by the introduction | of the following ordinapce:
 Be 1t resolved. by the City Council of fore adopted authorizing the City Attor- ney to bring suit against Ex-Treasurer SOmerville and his bondsmen on to wit, January 20 1902. be and the same is here by declared to be in full force and effect.
 Be it further resolved, that any other sotion of the Council to the contrary of this resolution is hereby declared to be null and void and of no effect l. Alderman Cheney quickly. arose. He said that 1t seemed a resolution was adop- ted by the Council in secret session re- scinding instructions to the City Attor- ney to file suit against the former City Treasurer and his bondsmen. He said he would like for the President tAlderman Toole). to make ruling as to whether resolution adopted by the Council, in secret session was legal.
 Secret Session Not Legal.
 Alderman Toole said he would rule that such a resolution was not binding on the Council.
 Then Alderman Cheney declared that the Anderson resolution was out of order as 1t sought to repeal resolution that had not been legally adopted by the Council.
 pare another resolution that would fit the case.
 While Alderman Anderson was prepar ing his resolution Alderman Mcintyre said he would like to hear from the City Attorney on the point raised by Alderman Cheney.
 City Attorney Steiner appeared before the Council. He said it was true that af- ter the secret session he had told Alder man Hartley that it would not be neces- sary to confirm the instructions concern ing the filing of suit in an open session of the Council: that he would be govern cd by the secret session of the Council.
 T remarked, perhaps inadvisedly. said the City Attorney. that I would be gov erned by the executive session of the Council but the point raised by Alderman Cheney will put me Tn rather a"k"aru position.
 When the City Attorney concluded AL derman Cheney again got the floor. With some passion in his voice he said he wanted to say something about this mat ter of filing d suit against the bondsmen of the former Treasurer. He had been criticized by the newspapers Tor offering a resolution to secret session of the Council and men who were present in that secret session had paraded what oc- r..A in nrlntG. himself he said he wanted 1t understood that lie regarded the actions of secret session of any body inviolate He had done what he thought best for the inter- est oe the city and he had not rushed into print with what happened in an execu- tive session of the Council.
 Anderson Wanted Names.
 MT. President" cried Alderman Ander- son. jumping 10 his feet and interrupting Alderman Cheney, I'd like for the gen him use names, Mir. President. let him use names"
 Its not necessary to use names" re- piled Alderman Cheney hotly. the gen tleman knows to whom l am referring. cret sessions of the Council should be in- violate Each Alderman who entered into such a session, he said. should regard 1t as a duty not to talk about what trans pired there. l So far as the secret session is con cerned'' said Alderman Cheney hesitat- ingly, it has been made public in way in a way-wll, l won't ssay In what way" ..
 '';rhe gentleman is not ashamed of 1t is he?" meekly asked Alderman Anaer- son. -,s
 No, I'm not ashamed of it If you're not" retorted Alderman Cheney in pas
 ..The gentlemen are out of order quiet ly announced the presiding officer, Alder man Toole.
 Alderman Cheney sat down.,
 Alderman Anderson appeared satisfied with the result of the colloqu!'
 Alderman Mcintyre entirely unruhie1 declared that 1t appeared to him the Council was placing itself in the atti- tude of shirking responsibility.
 The City Attorney merely acted in ac- cordance with instructions from tms this Council should stand mp and state where it stands on this proposition. The responsibility does not rest w!'h ihe City Attorney. The Council should adopt from the door of the City Attorney.
 Then Alderman Mcintyre sat down.
 MT. President" said Alderman Ander- son very quietly. T move the adoption of my resolution.
 Then Alderman Cheney arose again. He said the presiding officer had ruled that the resolution adopted in secret ses- sion by the Council was of no effect Con sequently he declared the Anderson reso- luton was out of order.
 The presiding officer, Alderman Tooie' sustained the point of order
 The Cheney Resolution
 The following resolution was then sent up by Alderman Cheney:
 Resolved. that the City Attorney De m structed to institute suit against former treasurer Somerville and his bonosmen as provided by resolution adopted by this Council" ,...,o,, ,,,
 "I move to amend that resolution by making it read as adopted by tnis Coun- ci! on January 70, 1sO2, sald AlueFhaH
 After moment of reflection Alderman Cheney said he would accept the amend
 Alderman Anderson demanded the ayes and nays and the vote upon the amend ed resolution was as follows:
 Ayes-F'le:ming, Anderson. Cheney. Far lev Hartley Hudson, Johnson. Mcintyre, Roeder, Toole. Haygood-n.
 Navs-Alderman May.
 II pV-