The Montgomery advertiser., 1903-11-22
CITY COUNCIL
 HAD MEETING Aldermen Considered the
 TreaSurer'S Bond. MATTER OF DEPOSITORY
Bonding Company May Say Where Funds are to beKept.
Under Suspension of Rules Alder men Awarded Provision Con- tract to Hudson and Com
 pany-Appeal From Mo
 Intyre's Decision

The Montgomery City Council had rather warm, verbase session last nisnt lasting an hour and a half, although prac- tically only one matter was consioereo'
 Incidental to the meeting an appeal. friendly one, made by Alderman Gunter from a decision by President Mcintyre was sustained by the Council. A way to get behind the new rule or | the Council that at a special meeting, the Council could only consider the matter named in the call, was discovered. The Council found out that 1t could transact other business by a suspension of the rules upon a two-third vote. r. To Consider Bond Matter. The Council met in special session at ! p. m. to consider the question raised oy A communication of the American Bond ing Company of Baltimore in reference to the bond of the City Treasurer. In this communication the bonding company asked that the City Treasurer be relieved under the depository clause of the bond. The Council declined to do this. It however, passed a resolution. in ef- feet allowing the bonding company to name the place of deposit for the city's funds. This action was taken only after considerable discussion. There were present at the meeting President Mcintyre, Aldermen Ryan, Kohn, Jackson, Gunter. Teague, Forbes, Ruth, Maddox and Coins. President Mcintyre stated the object of the special meeting and the short mes- sage of the Mayor laying before the Coun- ell the communication of the American Bonding Company. together with the communication was read. The bonding company asked that the City Treasurer be relieved of liability under the deposito- ry clause of his $40,0oO bond Alderman Gunter sent forward two | resolutions. He explained that the reso- lutions placed the two phases of the ques- tion squarely before the Council. The Council could relieve the treasurer and the bond company of all liability by bank failure. or 1t could permit the bond ing company to name the place wherein the city's money should be deposited. In the latter event the bond company should not be relieved of responsibility. He explained that at present the de- posits of the city were divided among | the three national banks of the city. The City Treasurer had divided the deposits | in that way upon instructions from the City Council.
 Resolutions by Gunter.
 The first resolution read:
 Resolved, by the City Council, That the City Treasurer be and he is hereby relieved from liability under the deposit tory clause"
 This resolution met with no favor and having served it's purpose Alderman Gunter withdrew 1t.
 The second resolution read as follows:
 Resolved, That the resolution formerly passed by the Council instructing the City Treasurer as to the place of deposit of the city's funds be and the same is hereby rescinded."
 Under this resolution Mir. Gunter said the bonding company could name its own depository and be responsible for the city's funds. The company might naturally refuse to be responsible for a bank selected by the city, but 1t could not we'll refuse the responsibility for its own selection. It was possible said MT. Gunter that the company might permit the funds to remain as they were, divided among the three national banks of the city.
 ''The bond company wants." said MT. Gunter. 'the power to have the city's funds wathdrawn from any depository it considers shaky "
 Proposition by Forbes. 1 Alderman Forbes proposed an amend ment authorizing the bonding company to name the depository for the city's funds within the city of Montgomery. the bond | of the City Treasurer to be approved by the Mayor.
 1 Of the two propositions Alderman Kohn said he favored that contained in the res olution of Alderman Gunter. This rcso- lution he said would leave the City Treas urer free to act upon the instructions of the bonding company. | Alderman Forbes submitted that If the l bonding company was to be responsible | for the citys funds 1t should have the right to name the bank wherein they were | to be kept. After some discussion Mr. | Forbes withdrew his amendment. l Before the vote was taken on the Gun ter resolution, Alderman Kohn said: This matter is a very important one and we should take due time in considering it. l | think that it ought to be referred to a committee to report at the next meet ing"
 The vote was taken. however, and the | Gunter resolution was adopted.
 After President Mcintyre had announce ] ed the result Alderman Forbes called out, | "I call for a division"
 President Mcintyre ordered the decision but Alderman Gunter arose to a point of order.
 "Do understand" he said, that un- der the rules the chair holds that di-
 vision may be ordered?" 1 Under a strict construction of the | rules, replied President Mcintyre "a division could not be ordered. but 1t has been the custom of the Council to allow a division after the vote has been an- nounced The chair is following this cus- | tom."
 Appeals from Decision.
 "Then I apeal from the decision of the | chair" said Alderman Gunter. 1 The appeal was put, and the Council | refused to sustain the Chairman. Alderman Jackson said that in justice ' to the presiding officer 1t should be stated that the President had given every op- portunity for a call for a division before | the result of the vote was announced, and the Council had that fact In view when the vote was taken on the appeal. Alderman Forbes announced that ne would, at the next meeting of the Council, move to reconsider the vote by which the | resolution was adopted. | Alderman Kohn asked for ruling from | the chair as to whether any other mat | ter could be taken up at the special
 meeting. He finally put his question in a
 motion asking for suspension of the rules to receive a report of the Finance | Committee.
 The rules were suspended and Mir. Kohn handed in a report from the committee
 recommending the acceptance of the bid
 of Hudson & Co.,. for supplying the city
 with provisions for the month of Decem-
 Der. they being the lowest bidder.
 The report was adopted. The Council on motion of Alderman
 Jackson adjourned.