The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-11-07
MER EDITH SAYS
MAYOR WAS RIGHT
Full Text Of Acting City At.
torney's Opinion to Be Trans.
mittcd to Council Tonight.
Dead Section in Charter,
Which Should BE
Repeated,

-
tee before the preparation of it's re-
port on the charges made by Mayor
Mccarthy against the Finance COM
nnttee and the counter-charges by the
latter against the Mayor, the docu-
mont which aroused the Ire OF Coun-
Gilman Cannon and some others would
lave been different in dnc important
respect. at least.
In March OF the present year the
FINANCE Committee asked that the
burning OF certain bonds by Mayor
Mccarthy be investigated. bat before
Tint request WINS made the Finance
Committee hnd actually approved the
sestruction of the dangerous securities,
amounting to s175.OOo.
Mayors Act Endorsed.
The Finance Committee record of
February 19th shows that statement
signed by the Mayor. the Auditor and
the Treasurer bearing on the bond
destruction question was submitted
This extract is taken from the min
utes:
"Mr. Dabney moved that the Ger.
tihcute be Inverted upon the min
mtes OF this committee, and that
the committee indOrse tho action
Of the Mayor, the Treasurer and
the Auditor in burning the err
roneous issue OF bonds for the
amount of s175,0Oo. Adopted.v
Present at the meeting when this
ras done were Messrs. Wood. Cannon.
Cottrell. Dabney, Elicit Grundy, Lea,
Mills. Pollard and Pollock. Mr.. Spence
was reported absent.
The Mayor takes the position that
The Finance Committee wanted his off,
.ial act Investigated. when that sanie
pct had been approved by those seek
b1g the investigation. One OF the lead
ing members OF the. Finance Commit
lee. who led the fight on the Mayor.
snclined to discuss the matter for pub
ucation last night.
According to Mr.. Charles Y. Meredith
and the Investigators. Mayor Mccarthy
acted fully within the scope of his
powers. Mr.. Meredith says. however.
that the Mayor should have noti-
hed the City Council OF the act, and
rhould have moro formally reported
1t to the Finance Committee. but that
omission did not in the least affect
the propriety OF his act In promptly
destroying In the presence OF the Au-
iftor and the Treasurer the danger,
,us securities as soon as his atten-'
lion was called to them"
Will Send the Opinion.
..l
At meeting last night the investi-
eating committee decided to trans
nit to Council the full text OF Mr..
aleredith's opinion. Along With this
will go a statement that ip"s.nuch as
this opinion was merely ..sired by
the committee and conside.ed in eS>
fcutive session. 1t did not consider 1t
the property OF Council. although the
committee will bow to tho will OF the
majority and produce 1t.
The Times-Dispatch secured yester-
day copy of the opinion by Mr. Mcre-
dith. which seems to be one of the
live Issues In Council at the moment.
u Will be read at the meeting to-
night It shows. among othlr things,
that at least one section of the city
charter is dead letter. this relating
to the method OF preparing the bud
get. The section, says Mr., Meredith,
should be repealed. and, IL deemed nec-
rssary, the charter should be proper
ly am nded, requiring each depart
ulent to make reports annually to the
city Council.
Mr.. Meredith's Opinion.
The fun text Of the opinion follows:
ITO the Committee on Investigation OF the
Charges Against the Finance Committees:
"Gentlemen.--The attached letter OF tho
City Attorney furnishes the reason for my
submitting to you this opinion upon ths
questions under Investigation BY you. i in in
close the letter OF the clerk OF your COM
eaittee TO the City Attorney. setting forth
tns three Questions; submitted by you to him
for reply. also herewith return the ex-
litlts nled before you. and the transcript
OF the evidence taken during your investiga-
ton. La III ~ &.
II shall answer your questions IN tbo
order In which you asked them Your first
question is. Did 'athe Finance COMMITTEES
eel ILLEGALLY or contrary to the provisions
% sdo11t ne charter In naking the budget Of
Illegally or contrary to the provisions OF
ths charter. +
TO have acted Illegally or contrary to
tho charter 1t must either have acted beyond
Its powers. as given ito It by the city Co,in.
Gil or In violation OF some provision OF tho
charter. The charter contains no provision
S7th section contains REQUIREMENT of Il
certain report from the City Auditor. But
such provision does not prevent the Council
from getting nld and Recommendations from
any other source. Such q right naturally
resides In that body. q 81 .t.1.
Powers OF the Charter. f A:
Nor 1t is reasonable to expect to find In
tho charter any provision, designating or.
prescribing the rights or powers of n com.
sncra subordinate agencies of the higher
Legislative body. are escreated by 1T, and from
Il derived their powers; There being no
4 the committee, !, II remains to be seen
whether It exceeded the powers delegated t.,
st by the Council. s
1T appears that tho budget OF 19O7--thRt
IS, the draft of m ordinance prepared Md
recommended by said committee, was SO
prepared and admitted to the two branches
OF tho City Council, without hlH express
request or requirement. from that body OF
tltllnr branch Of It .s ~ e 's. 4 sl
'Itais equally true that in SO acting tho
l1inance COMMITTEES. pursued course which
had been Invariably followed by every
former Finance Committee HI for the last
twenty-five or thirty years and Nv bichl had
which such proposed ordinances had beer
submitted. IT Will mot. be denied that suen
custom, SO long pursued, aud so q on al,.
pro we'd by the City COUNCIL, II woul q well
Justify the Finance Com itteR In i pursuing
tho same course wi tliout any seSpress require
mentor aut thoy!ty from the Go'ncl IIenca
(tAontinned on Third Pagc. n
s sss Il