Los Angeles herald., 1906-04-03

city upon the payment of a fair valuation
threreof, as provided in the charter. L
construe this requirement as mandatory;
since 1t is so i'm terms, and is embodied
IN the organic law of the city.
L am not unmindful of the fact that
the passage Of this ordinance by your
honorable body has aroused great popu--
lar disapproval, and that If the grant
the premises would be more strongly
condemned than it has heretofore.n
crticises Secret Method
passed by your honorable body without
even being read in open session. and
without public debate on the part OF your
members, so that practically no one ex-
proponents of the ordinance had any
knowledge beforehand of its contents and
effect, except by hearsay or general re-
port.
In view of this fact am impeled to
say that all of the circumstances at
tending the passage of this ordinance
adopted hastily and without proper con-
sideration. 1t seems to me that, such a
want of open discussion and thorough
consideration indicates that the ordinance
was passed improperly and after an
wholly insufficient examination.
The hasty passage of such an ordinance
as this gives rise to the impression that
it was adopted under a total misappre-
hension of its serious import, and with
out any real knowledge as to who the
befeciary thereof was, or as TO what use
1t was to be applied.
City Counsel Disresarded
The people have right to know. and
surely their representatives must know in
order to justify their acts, what. they, are
doing, and whom they are doing them
for. Rights granted by the public should
not be disposed of in secret, and the
people at large have a right to be. taken
into confidence when a matter or such
great public Importance Is under discus
sion.
In conclusion desire TO say that l
cannot ignore the fact that in the pas
sage of this ordinance the advice OF the
citys legal counsel was disregarded; and
that against his protest and plea for
delay the ordinance was put upon its
possage without giving the opportunity;
asked for by him, to examine into and
report upon its merits or legality
Should Retain Franchises
/ cannot sanction the passage Of an or;
dinance in the face of the, positive and
of the city against the Legality OF the
course pursued in this instance: Inc
questions raised by the city, attorney
are of a grave character, and It must
first be determined whether the city has
the power TO make this grant, and IN
the second place. it seems to be beyond
question a case where a franchise should |
be sold and not given away;
! feel that the city should retain for
It's own future use these valuable iran
chise rights that are still left to It, and
SO far as my power extends shall con-
tinue to disapprove of all franchise or |
dlnances unless the city receives full
value therefor.
For the foregoing reasons ] am unable
to approve of this ordinance and L there |
fore return the same TO you Wlthout my |
signature. OWEN McALEER'
Smith Grows Sarcastic
The mayor's message was received |
in silence. Councilman Smith was the |
first to break the stiffness.
This is a nicely written legal docu-
ment and I am glad the writer is |
present to hear it read Here Smith |
looked hard at former Assistant City |
Attorney Herbert j. Goudge, who was
in the council room.
This appears to be a lecture to the |
council but this body does not need |
such an arraignment after its action
in recalling this measure from the
mayors office. 1 am going to move
that the mayors veto be sustained, and |
hereafter my stand in the future Will
be to vote and fight and use my in
fluence against granting this franchise
or any other franchise in the Los An
geles river bed until the question has
first been submitted to the people at
special election held for that purpose.
NAppliuSGJs L IlOW liONt " ooSboAA
the mayors veto and that this COM
munication, which I consider insulting,
be returned to him with thanks" Mr..
Smiths thanks were most sarcastic.
Councimen All Get Aboard
Houghton declared he would vote to
sustain the mayors veto and called at
tention to several points in it, stating
that while the mayor declared this
franchise to be of incalculable value it
was of no value whatever until it was
sold. He then digressed into personal
reflections on everything or person that
came within his line of vision, physical
ly or mentally.
"But Mayor McAleer is right on the
main point" he concluded. He is in
the band wa n. I only object to his
taking away the last shred of character
that is left to the councilmen."
The roll call to sustain the mayors
veto brought forth a unanimous re-
sponse, even Councilman Ford of the
First ward, who as late as Saturday
afternoon declared he would stand by
his vote of wednesday, voting loudly in
the affirmative.
When this had been done and
motion made to file the entire pro-
ceedings Attorney Sam HaslSins stepped
to the front and placed the following
letter from Henry E. Huntington in
the clerks hands: