The daily sentinel., 1906-08-23
nIMATERAL OBJECTIONS.

Inc expert opinion of an attorney
for large bond purchasing house
in the city of Denver. was given to
the city council last night, which was
that there might possibly be a flaw
in the legal procedure in the call
for the conduct of the election in
this city. The principal points with
which the attorney upheld his con
tention were that he could find no
provision in the statute for an officer
known as "A Temporary president
who should act and have the powers
Of the mayor of the, city of the second
class. which Grand Junction is, dur
ing the temporary absence of the
mayor from the city.
The attorney. Mr.. Greer, did not
contend that there was no such pro-
vision. but he stated in his letter to
the bonding house that he could find
none such.- Mr.. Wheeler. who has
acted as special counsel for special
water committee. very easily answer
ed this contention. over which the
bonding attorney was so undecided
by quoting from section 449O of Sec
ond Mills, which explicitly provided
for the appointment or election of a
temporary president" of council in
cities of the second class.
To the other contention of the at
torney for the bonding house that
there was no provision for the ere
pair" of waterworks. Mr.. Wheeler re-
piled that the ordinance for the bond
ing issue was drawn in accordance
with that section of Mills statute,
subdivision of section 44O3, which
provided for supplying cities of the
second class with water.
In further supporting his conten-
tion that the whole matter was per-
fectly legal in its every aspect. Mr.
Wheeler quoted the fact that the
school district of this city had vot
ed bonds for the erection of a new
school building and the repair of the
old high school building and not
withstanding that they had been en-
Joined by parties in this city, the
district court of this county had af-
firmed them in their rights to vote
bonds for the erection of a new school
building and the repair of the old
and so forceful was that opinion that
no appeal has ever yet been taken
from it.
In conclusion Mr.. Wheeler stated
that the letter received from the
bonding house. was simply the opin-
ion of their counsel and that he made
no positive statements whatever in
the matter, only Offering his opinion
on his behalf. He ventured the
opinion that the bonding house was
in the market as "A possible purchaser
of these bonds. That 1t was the same
house that made the contention
against the purchase of the school
bonds and that after their attempt to
discredit the school bonds. they were
readily sold at higher price to an
other bond purchasing house in Colo
RADIO Springs.
The matter of the objection
through the letter received from the
letter of f. II. Rollins and company.
was entirely informal as there are
hundreds of large bond buying hous-
es in the country. to which these
bonds may be sold.
We believe that the entire proceed
ings is in compliance with the law
There may be some slight technical
errors, but we believe these may
be remedied in proper time. Anyhow
the council took the course that as
no one made objections who seemed
to fortify their opinion with abso-
lutte knowledge of the law. that it
was their duty to proceed. as if no
objection had appeared.
1t would be foolish, however, If
council believed that there was real
ground for the contention, that there
had been error, to proceed further
with the work. There is not single
member of the council that desires
to he BUN headed in the matter. nor
on the other hand is he willing to
wait indefinitely upon opinions that
carry no more weight than mere con
lectures.
1t is the purpose of council and the
mayor to proceed cautiously in this
matter, as becomes any legislative
body. 1t is their purpose to be forti-
fed at every step of the procedure, as
far as lies in their power. It would
be foolish though. after proceeding
as far as they have, to stop solely on
the very slight grounds that an at
torney for a bonding house, gives an
eQuivocal opinion on the legality of
the method of proceeding to vote the
bonds.
If We sense the temper of the peo-
pie in this city, it is their desire that
the council shall proceed in this mat
ter and avoid all possible delays.
They are anxious that the work be
completed at as early date as pos
sible.
Should there be such thing as
error in the manner of procedure. the
public knows that it is simply tech
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