Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-08-09
NORDY fight N
COUNCIL CHAMBER
Regular August Session Results
In a Little Side Show For
Interested Spectators
slEo OBJECTS TO BILLS
And Is Told a Few Things by Other
Members-McRride Says He is
Aknocker'-sies Reads Van Laws
Opinion on Councilman Being Inter-
ssted in City Contracts.


The interested spectators at the regular
August session of the council Monday
night that was not shown on the pro-
gram when the meeting was called to
order. All members but Councilman
Psenicka, of the Fifth, We're present,
and his absence made it advisable to
again postpone action on the Parker
saloon permit. Final action on other
important matters was deferred until
future meetings, for one cause ard an
other, and but little work of real i'm
portance was transacted.
The most interesting thing from a
spectators point of view. WAS the
wordy battle that Ansued upon the mo-
ton to allow the months bills Mr..
Eieg amended by emitting those bills
In which councilmen were interested.
AS Mr.. Sieg has attempted at other
times to carry out similar amendments,
- was but jtffy until other members
were on their feet.
Mr.. Webster was the first recognized
and stated that the Judiciary commit
tee had given its opinion in this mat
ter, and until there was a supreme
court decision affecting the point in
question. he thought the council had
better continue In the same course 1t
had adopted for several years. Mr..
Webster added that Mr.. Sieg was In
terested himself in bill against the
city. warrant for which had been
drawn, and he had voted for 1t. Now
1t doesn't look very nice in Mr.. Sieg to
be continually questioning the bills"
Mr.. Webster added.
Mr.. Sieg was ON his feet before Mr..
Webster had become seated, to deny
the charge. Furthermore he wanted to
know what bill was referred to. Mr..
Webster replied that the bill was i'll the
clerks hands, and could be seen II II
was demanded, without any trouble.
Mr.. Sieg then proceeded to read an
opinion of City Solicitor Van Law,
made at his request, but had no sooner
started 1t thAn he was interrupted By
Mr.. Webster, VINO said that when the
council wanted sn opinion from the
city solicitor, it would ask him Tor it.
Mr.. S,eg was ruled out OF order, be-
cause his amendment had not received
q second, but his colleague. MIR. 1ssnlan,
came to his relief with the desired
'seeond." Then MIR. Sleg gave MIR.
Van Laws opinion ON the question ut
hand. as follows:
Councilman John A. Sieg. city-.Dear
Sir: Complying with your recent re-
guest submit the following with ref
erence to Interpretation OF part of Di-
vision II, section 66S OF the code of
'O7, the language OF which is as fol-
lows:
Nor shall he "a member of any
counci) be interested directly or in
directly In any. contract or job for work
or the profits thereof. or services to be
performed Tor the corporation
THE evident purpose of this proyi-
sion OF our law is the exclusion Of all
possible self interest In matters upon
which councilmen are called to act in
their official capacity. It is based upon
the same theory as the law of agency
which holds that the agent can neither
buy Of himself nor sell to himself.
.The statutory language above quot
ca has never been passed upon by our
supreme court yet provisions almost
Identical with the above provision OF
our law exist in most. II not all the
other American states. These prOvi-
sions have met with uniform con-
struction to the effect that all con-
tracts, both express and implied. be-
tween a municipality and member
OF its city council, are by such provi-
stons prohibited.
4In my opinion, this provision Of our
statute would be construed by our
court in harmony with the construction
that these similar statutes have met in
different states. Hence it is my opin-
ION that this provision of our law pro-
htbits any councilman from entering
Into any contract, either express or
implied, with the municipality or the
council Of which he is a member.
II have recently been informed that
our attorney general has expressed the
opinion that this inhibition of the stat
ute does not extend to the transactions
between municipality and member
OF it's council which transaction arises
In the ordinary course Of trade.
IF the attorney general has given out
such a construction of this statute, his
eminent ability entities his opinion to
the most respectful consideration; yet.
am frank to say that after most
thorough search Of the adjudicated
cases in other American jurisdictions,
am unable to find any adjudications
upon which to found such a corstruc
ton.
However. until the question is rails
ed in some case involving construc-
tion of this provision Of our law, and
such question is determined by our
supreme court, it's construction must
be classed among those questions about
which differences of opinion may exist.
Respectfully submitted.
&c. II. VAN Law,
"City solicitor"
Upon completing the opinion Mr..
Sick explained that he did not want to
appear in the light OF stirring UP
trouble, and that he did not want to
hurt any mans business. but he did not
think 1t was right to be trading among
themselves, and have people continu-
ally hammering the council for 1t.
Have you ever heard any one ham
mering' the council?" asked Mr. Nc
Bride.
Yes. have" replied Mr.. sieg.
s'eternally."
You are the only one have ever
heard hammering." answered Mr.. Nc
Bride; you're the biggest knocker
know OF. :
M. Webster then reiterated his