The Montgomery advertiser., 1906-09-18
MAYOR WANTS
A SETTLEMENT
Approves Compromise
With Mr.. Somerville.
MESSAGE TO THE COUNCIL
Mr., league links City Should
Accept $500.
He Tells Aldermen TINT Litigation to
Collect Money Lost I'm Morris
Bank Would BE Very
Expensive.
MESSAGE TO THE COUNCIL

to the City Council at its regular
meeting last night advising that BODY
to settle the claim of the city against
r. II. Somerville, former City Treas
urer. for $4,000, in excess of the $500
due from the bankruptcy court on ac-
count of the bank failure of Josiah
Morris & Co.
When the bank failed six years ago
Treasurer Somerville had on deposit
there approximately 100000 of the
city's funds. He was bonded to the
city in the sum of $4,000, his sureties
being John w. Durr, A. A. Wiley and
F. M. Billing.
The city government has made nu-
merous futile efforts to collect the
money.
At the last meeting of the Council.
prior to last night, proposition was
made the city to settle the claim 1or
$500 In excess of money due from
the bankruptcy court. A move TO ac-
cept the proposition was checked by
Alderman Adolph Rocmer.
The Mayors Message.
Mayor league thinks well of this
proposition and so expressed himself
in a message sent to the Council last
night. He said.
Montgomery. Ala. Sept IS. 1905.
'To the Honorable City Council, OF
Montgomery, Montgomery, Alabama
"Gentlemen-Withou presuming to
dictate to your honorable body, or
need1essly intrude my counsel upon
your deliberations. I deem 1t not out
of place to apprise you of my views
In regard to a settlement of the claim
of the city of Montgomery against for
mer City Treasurer A. H. Somerville,
and sureties.
I'm view of the complications and
difficulties attending the collection of
this claim. and the $500 due the city
by compromise on a pro rata basis,
In the bankruptcy court has not been
paid. I respectfully recommend that
the $4,000 offered the city in excess
of the $500 due from the bankruptcy
court be accepted from the sureties
in full settlement of the city's claim
against them. l would further re-
spectfully recommend that 1t be stip-
ulated in accepting the sureties' offer
that this $500 be paid in cash.
IF the city involved itself in long
and expensive litigation, 1t might be
ultimately awarded judgment for
much larger sum, BIZ :, in my opinion,
the wisdom of such a course Is ex-
ceedingly doubtful, and the City At
torney advises compromise. Every
thing considered. think that the best
interests of the city would be conserv-
Respectfully.
"W. M. league.
Mayor"
The message of the Mayor was re-
ferred to the Finance Committee.
Issuance of Bonds.
A second message sent to the coun-
Gil by Mayor league accompanied an
ordinance authorizing bond issue and
was as follows:
Montgomery Ala, Sept Is, 1906.
ITO the Honorable City Council of
Montgomery. Montgomery, Ala:
Gentlemen enclose herewith an
ordinance which contemplates author
izing and providing for the Issuance of
bonds, by the city of Montgomery, for
the purpose of refunding the bonds of
the city of Montgomery, which mature
the first day of January, 1907, and the
second day of July, 1907.
THE bonds which will mature on
the first day of January next bear dat
of January list, 1877, and were issued to
the South and North Alabama Railroad
Company in compromise of bonds of a
previous issue: those maturing on the
second day of July next were issued In
compromise of bonds issued for build
ing the Market House in 1870, the total
amount of both issues aggregating
$549,05O. I respectfully recommend
that your honorable body advertise for
bids on bonds refunding both the bonds
due January LIST, next, and those ma
turing on the second day of July next,
as If provision is made at this time
for the last named bonds 1t will OBJ
viate the necessity of future legisla-
ton. I would, also. suggest that the
first regular meeting of your honorable
body in November next be set as the
time for opening the bids.
I'm advertising for bids it would be
we'll If the City Council reserved the
right to award all, or any part of the
bonds. to any bidder as may in its judg-
ment seem best. l would. further, re-
specially recommend that all bidders
on these refunding bonds be required
to accompany their bid with a certified
check for / per cent of the amount of
said bid.
Respectfully,
wv. NJ. league
Mayor"
The ordinance transmitted by the
Mayor was introduced by Alderman
Strauss 1t was referred to the FL
nance Committee.
Condemnation of Property.
A message from the Mayor to the
Council recommended the condemna-
ton of property in the Southern part
of the city for the proposed new
course of Gennetta ditch
Alderman Gunter introduced a res