The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-03

WHAT MAYOR SAYS ABOUT 1T.
Contends That Supreme Court
Alone Can Finally Pass Upon
Veto Question.

Members OF the City Council instru-
mental in the passage of the much
discussed joint resolution calling for
an investigation Of the alleged
charges of Mayor MCCARTHY against
the Finance Committee and certain
other specific matters declared last
night that the inquiry would certainly
be had and that Under the opinion OF
the City Attorney denying the author.
ity Of the Executive to veto the reso-
luton the matter will be pushed to
4 a speedy termination.
Mayors Position.
Though not disposed in any way to-
contest the mattert5by reason of the
facttsthat he does not at all object to
the proposed Investigation, Mayor Nc
4Carthy does not accept the opinion Of
the City Attorney as conclusive OF the,
question of the right Of the executive
TO pass, upon joint resolutions. He
contends thateths opinion OF the ats
[ torney.f oven il upheld and sustained by
{ the highest court Or the Common
wealth, would only be applicable to
The specific resolution considered, and
does not Tin any way establish or tend
to establish q general rule.
The Mayor declares that the attor-5
ney,s opinion is but his opinion. ana
is Conclusive Of nothing in itself, as
the courts would have to determine
ultimately 4 be fore it would have any
binding or decisive effect. Further
more, Captain Mccarthy contends that
lit is for the Mayor 80 decide whether
or not q, resolution has the effect of
an ordinance, and not for the attor-
ney Or for the clerk to- 50 determine.
He asserts also that II he be In error
in any case. the Supreme Court and
this tribunal alone can ultimately ana
finally determine the. matter
Mr.. w Gods Statement.
Alderman J.. b. Wood chairman of the
Finance Committee OF the Council and OK
onicio member Of the Board Of Sinking
Fund Commissioners. has given out state
| OF certain bonds by the city at par when
the sinking fund had bid 101. In the course
| OF this statement. Mr.. Wood rehearses yarl-
GUS steps In the transaction setting forth
that Auditor Warren had called on hin, AMI
said that the Mayor and Treasurer agreed
with him that 1t was properSnnd wise to sell
portionsof the total Issue, not mentioning y
the price. He asked Mr.. Warren II Mr..
El1ettaand Mr.. Peters. who are members OF
the Board OF Sinking Fund Commissioners.
/ had been consulted as to the matter. but
was told by Mr.. Warren that this.was un-
necessary, 40 It only required the assent
OF three members, and that Il he (Air.
| Wood) agreed 1t would be sufficient. Mr..
suggestion, relying upon the business sagac-
| ity Of the Mayor. the Treasurer and the
Auditor OF the city. lie subsequently learn
| cd that the bonds were sold at par, whereas
| he understood the sale was to be at 1o1.
Mr. Wood states thatahc offered the reso-
| luton to take fronlIthe Sinking Fund Com
missioners sufficient money 70 make UP me
| bonds at par. Mr.. Wood further states
] that in response to n direct question the
| Auditor declared that he had come to Mr.
| Wood to consult him as n member OF the
| Board OF Sinking Fund Commissioners. and
not ms n member Of the Finance Committee