The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-05-12

The Mayors Veto.
The question has been raised whether
or not tho Mayor has the right to veto
the ordnance providing the terms Of
city extension which has now passed both
branches Of the Council. The point raised
is that as this measure is only tenta tive;
subject to review of the court, it does
not become an ordinance until after the
court shall have acted upon 1t.
4 The point is not we'll taken. The an
nexation act provides that Whenever
1t is deemed desirable by any city or
town to annex any territory to such city
! or town. its Council shall declare, by an
ordinance, which shall be passed by
recorded affirmative vote Of u majority
OF all the members elected to the Coun-
Gil or to each branch thereof. when there
( are two, that it desires to annex GER
tain territory, etc"
Section 123 Of article VIII. of the Con-
stitution provides that Every ordinance,
or PERSECUTION having the effect of an ordi-
nance, shall, before it becomes opera
tive. be presented to the Mayor. II he
Il approve he shall sign it, but If not, II
the Council consist of two branches. he
may return it, with his objections IN
writing, to the clerk or other recording
4 officer. Of that branch III which it orgi-
4 mated: which branch shall enter the OBJ
jections at length on its journal and pro-
coed to reconsider It, IT, after such
consideration, thirds of all the mem
bers elected thereto shall agree to pass
the ordinance or resolution 1t shall be
sent. together with tho objections. to the
! other branch, by which 1t shall likewise
be considered. and If approved by two
thirds of all the members elected thereto.
It shall become operative notwithstanding
tho objections of the Mayor"
1t is obvious therefore: from the an
nexation act that tie first step in the d.
rection Of annexation Is an ordinance
passed by recorded vote Of both branches
of tho Council. 1t is obvious from the
Constitution that an ordinance does not
become operative that is to say, does
passed by both branches of the Coun-
Gil and submitted to the Mayor for his
approval or veto. If he vetoes it, 1t may
DO adopted notwithstanding his objection.
j by q subsequent vote OF two-thirds Of tho
members of each branch. But this ordi-
nance must take the course of all other
ordinances and cannot have standing
4 In court until 1t shall have been adopted
In the regular way prescribed by law.
We are perfectly clear that the Mayor
1 should exercise his constitutional right
and veto the Mills ordinance upon the
ground that as claimed by It's most active
< advocate 1t will impose upon the city a
heavy burden of maintenance. whereas,
according to the best Judgment of leading
members OF tho Council and of leading
citizens who have no selfish aims what
ever In view 1t will by no manner of
means relieve the congestion in tho CEN
trail and western portions of the city,
will furnish no suitable sites for manu-
featuring purposes and will fall far short
of the demands OF the situation, II this
plan goes into effect. naturally 1t will be
long time before Richmond will be per-
& mlfted 10 Jake III aaoitlohal territory,
but II this plan be rejected the question
will again come up for discussion before
the Council and the people, and we have
no doubt that In the final analysis a far
IS better and more liberal plan VIII be
formulated and adopted,
The Times Dispatch is not welded tt
Y any plan and does not Insist upon the
lines exactly as drawn in the Lynch
Minor plan. but II is uncompromisng.
opposed to the Mills plan. TO the letter
i and the spirit Of It, and We believe it tc
be In the interest OF the public welfare
ytatl a. ha rniocted