The daily morning journal and courier., 1903-11-18
CONTESTOVRRGAS CONTRACT
MAYOR PROMISES NOT TO SIGN
 THE AWARD

N---@S ~N-e~ - -
 Requested Not to Do So by Attorney
 for weIsbach Lighting co.-Right of
 Aldermen from Outlying Wards to
 Vote Questioned-An Injunetion nlay
 be Issusd-what city Charter says.
 From the appearance of things about city hall yesterday the action of the board of aldermen at their meeting Monday night in reference to the awarding of the city's gas and naphtha contract does not by any means end the matter.
 Yesterday afternoon Attorney David Fitzgerald, who represents the Wells bach Light company, called on Mayor Studey and requested him not to sign the contract until some Investigations could be made.
 Mayor Studley asked the attorney in reference to what investigations were intended.
 Attorney Fitzgerald said that there was question in his mind as to whether the vote taken by the aldermen, award- ing the contract to the American Light ing company, was legal according to the city charter. He said that there was a question as to whether the rul- ing of President Logan was correct or not in reference to letting the alder men from the Thirteenth, Fourteenth and Fifteen wards vote on the ques- ton.
 He then called the mayors attention to Sections 216, PIT and 21S of the city charter and said that under these pro- visions he did nto see how they could legally do so.
 It will be remembered that just be- fore the vote on the awarding of the contract was taken Alderman Moran question the rights of the aldermen coming from these wards to vote, and President Logan decided that they had a right to do so.
 Attorney Fitzgerald seemed to think that had not the aldermen from these wards voted the vote would have stood 8 to 8, instead of Ii to as recorded. The aldermen whose vote is questioned all voted in favor of the American Lighting company, and the Welsbach company are questioning their right to do SC, and the matter may be carried to the courts. Some people yesterday who are conversant with the situation said that even if another vote was taken in the matter and the aldermen from these wards were not allowed to vote it was probable that the situation would remain the same
 | They gave as a reason for this the fact that Alderman Weiss was absent at the meeting and that they thought there was very little question but what he would uphold the action taken Mon 1 day night if another vote were taken. This would make the vote 9 to s i'm favor of the American company. Then again it was reasoned also that even if he voted the other way, Presi- dent Logan would probably vote in fa- vor of the American Lighting com lpany on account of the decision which he has rendered in the matter. If he did this it would make tie vote of g. to and he would then have a right a right to dissolve the tie.
 Mayor Studley after hearing Attorney Fitzgerald's statement asked him how
 muc htime he would like to have be- fore he (the mayor1 took action on the matter. Attorney Fitzgerald thought that Thursday (to-morrow) morning at 10 o'clock would be all right and to this E the mayor consented. It is possible 1 that an injunction may be served be- fore that time.
 The sections of the city charter on which Attorney Fitzgerald bases his claim are as follows:
 Sec. 216. The aldermen or councfl- men representing the thirteenth four tenth and fifteenth wards of said city
 shall not vote, either as a member of
 either of said boards, or as member of committee of either of said boards, upon any question pending before either of said boards in which their wards have no right or interest until their re-
 spective wards shall have come under full Jurisdiction of the city in the mans
 ner prescribed in section 21S of this act. l Sec. a17 No property in the thir- teenth fourteenth and fifteenth wards l of said city shall receive any service,
 protection or improvements from the
 government of said city except such as
 were, prior to December 1897, furnished
 by the town of New Haven; and none l of such property shall be subject to
 burdens by assessment, taxation or oth-
 erwise, for sidewalks, curbing, sewers
 or any other public work which can b
 properly described by the term City
 Improvements" except such as might
 have been laid or enforced by the town
 of New Haven or by the selectmen of the town of New Haven. None of said l property shall be taxed by said city
 more than four mills on the dollar, ex-
 elusive of the school tax; and none of
 the oyster grounds in New Haven har-
 bor not in state jurisdiction, which have
 not heretofore been subject to city tax ation, shall be taxed more than four ] mills on the dollar.
 The provisions of this section except ithose relating to taxation of oyster ground. shall not apply to any word which may be brought under the full I Jurisdiction of the city in accordance with the provisions of and in the man. Iner prescribed in section 21S of this act Section. 218. Whenever one hundred lelectors of said city, residing in any one of the said thirteenth, fourteenth or fif- teenth wards, shall petition the court of common council of said city that the I ward in which they reside may be lI,ro11oJ,t 1Inder tho flII1 iufisdicfion of