The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-30
ATTORNEY TAKES
ISSUE u With. MAYOR: \
Declares Latter Had No
Authority to Veto
Joint Resolution.
COUNCIL TO HEAR
REASONS sMONDAYs
Interest Revived in Situation BY
Latest Development Mayors
Message Will Be Lengthy
Document and Will
Be Interesting
Reading

e A lively discussion is In prospect
over the message of Mayor Mccarthy, #
vctoing the Councir Joint resolution
for a committee to Investigate charges II
against tho Finance Committee. alleged
to have been made by the eXecutivc,5t 5t3
and certain transactions lative 10 $
bonds. The Mayor will send q mess
sage giving his reasons for this ac=Eg g.
ton, and this will be read ut tho Coun-s
Gil meeting on Monday light.
Additional interest has been addedS Ssi
to the situation by the informal ON M
which has just leaked out that a. ls
smetnheraof the Finance Committee has
5oninion as to the authority OF ths
Executive to veto a joint resolution
{ OF this character, and that City Al tor
jney Pollard has decided that tho Mayor
had not such authority. AS the Sques-
8tion Is one OF construction Of t1SaS
passed in pursuance thereof, and Of
the charter of the city, which is t-gs
self a legislative enactment, the OPT in-:SS
ion of tire attorney Is of peculiar ms
Eterest. To- some extent It brings up
a conflict between the attorney on
the one hand and the Mayor and thgs@
clerk Of the Council on the other as
to the proper procedure 81 In the ma t-assaS
ter of q joint resolution. After tina 8
passage by both bodies OF the s oints
resolution, the clerk engrossed thesg
Same and sent It to The Mayor. along 5
With various other ordinances and res-
5olutions.
Law on Subject.
The Constitution OF Virginia. section
l23. and the Code Of Virginia, section
1893 G, have a bearing on the question
Of authority thus raised The Code Sec
ton is an exact dllplicati ion of the 81 lan:s
guage OF the constitution, and So fart isS
refers to the question OF the 3proner pros
cedure with references to 3sas3 3otnt resolu,Ss
aEvcry ordinance, 4 or resolntlon
having the effect OF fEnngOrdinnnce,ss
shall before 1t becomes Op perntIyc, Ssss
be presented to the Mayor. II he fss 9sS
approve he shall signFit. but IL not, #
fT the Council ss$ consist OF two
# branches he may return 1t with his sssSs
objections In writing to the clerk
4 or other recording officer, Of that
3 branch iii which t originntcd.'
Then follow provision for reconsid dera:sS
ton and passage no tWiths standing the
veto by the vote of thirds & Of Isl Il
members elected to both DO dies. sSssS
It is interesting to note that the edis-l
and an ordinance IS one seldom made
by tho Council. SO that the question
Of authority Of the clerk In sending SIT hid y
resolution to the May or for his app
proval and OF the. Mayor in withhold -S
Ing his approval will hinge upon the
construction of the phrase /" or sresolu-SssE
ton having the effect Of an rdinance.,sss
In general, resolution 8 supposed
to be an enactment for some specific
| purpose or for something which 81 to-
be done at a specific time. and which
becomes void rs soon as Its object shall
have been accomplished. It would be-
| l&usele to cucumber a code. or statute
n nj al
become dead after a brief time. An gor-#s
| sdinance, on the other hand, 4 is general
! 5ly regarded us an ennctmentSof mus
nlcipal log gislative body having a per-
|tmanent or continuing effect, and, there.E
fore. designed to be preserved in the
form in Which It was ordained UNTIL
repealed or amended. $ a5s3
AS matter of fact resolutions are
fused for such important matters as exr
i pending large sums of money, carrying y
4 appropriations for specific or for general
! purposes, and even for issuing bonds. A
| large proportion Of the clty,s bonded debt
| was contracted by means OF joint reso-s
Ilntions, and no one has questioned. So
far rs known, that these should SO to
1.-the Mayor for his approval. It would
| be n radical departure from established8 II
| construction to assert that the Mayor
has no authority to approve or disap-5
prove such resolutions
4 5s'Ihe resolution IN question: OrlSlnal4y.t
4 carried an expenditure and required a.
two-thlrds VOTE but, failing OF this MAJ
| jority, tho appropriation feature was {
stricken out and the resolution thua$
! amended was passed. In accordance with
| time-honored custom, the resolution was
sent to the Mayor. who returned IT With
| out approval, and sent q message stat
i ing his reasons for failing to approve it,
This message will be laid before the
i Common Council ut its meeting Monday
1 night. at which time 1t Is likely that
l the member of85the Finance Committee
j 5lhavlng the opinion Of the City Attorney
| will produce It and an interesting situa,g
Ition will ensue. There are few lawyers&
lin the Common Council but the laymend'
i will probably not hesitate, In many cases K
to express their common sense view got
tile matter. sg MI
Messages from Mayor.
i The Council Will have It's hands full
i OH Monday night listening to reading
or messages from tho Mayor His aus
i nuai message OF more than thirty
4 Eages, his message Netoing the joins
4 resolution. and twoHother veto mea.sS
i eges, ana his response to the Lyncht
resolution asking why he has noS
enforced the ordinance requiring re.s
ports OF city officers 10 be in by or
before February 1st, Will consume 8cou-ss
i adorable tilne,if all arc read. ms
annual message. IL Is understood, cont
4 sumes thirty-odd typewritten pages,
4 ard ono OF his other messagess VIII