The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-11-16
VO
Against It's Passage ON First Read
ing to Second is Quite
Overwhelming.
ONLY TWO VOTE FOR IT
Question Of Substitute Ordinance
is Then Referred to the
Ordinance Committee.

Shall the ordinance be reject
ed?" was the question put by Mayor
Grille to the city council Friday
night, after he had declared that
the ordinance renewal sought by
the Clarksburg Gas and Electric
Company, by caption. had been read.
Eight of the ten counctlmen voted
to reject it. The two voting against
rejecting 1t were Councilmen Ernst
and McReynolds.
Then remarkable parliamentary
proceeding was INDUCED in, namely,
referring the ordinance asked for to
the ordinance committee, remark
able on account of the fact that the
ordinance had been rejected. This
belated action was caused by counsel
for. the applicant.
Just after the clerk read the ap-
plication, ETC., the mayor alluded to
the fact that attorneys we're present
and asked If they had any thing to
say. There was no response, and,
about three votes to reject the ordi-
nance were cast before any lawyer
spoke up, and, then it seemed there
was no appreciation of the fact that
the ordinance question was being
settled there and then so far as the
renewal was concerned, for the very
reason that if an ordinance is re-
jected on its first reading, it can not
go to the second reading and final
passage.
After the council had rejected the
ordinance by an Overwhelming vote,
motion was made that it be refer
red to the ordinance committee-a
motion clearly out of order. a de
bate followed between an attorney
for the applicant and the city attor-
ney. The latter was of the opinion
+; that there was really nothing before
council in respect to the ordinance,
which all must confess is correct,
| but, at the same time he asked for
fairness to the city and the appli-
cant-something that no reasonable
man, objects to, and which. in fact,
ought to obtain and which the Tele-
gram hopes will be the case in the
end.
After the pro and con feature had
ended. the council referred it, and.
upon the request of the applicants
lawyer, then speaking. the mayor,
after stating that he was the chair
man of the ordinance committee
fact that ought to be known to all
said that the committee would give
the applicant opportunity to he heard
before the committee.
Whatever action the ordinance
committee may take, it is certain,
according to the city rules and the
\ councils custom that no ordinance
has yet passed its first reading. That
means that, if an ordinance is agreed
upon later, it must pass a first read
ing before it goes to the second and
final passage.
| If there were TO be a reference in
| the matter, ii would have expedited
matters and been truly parliament
tartan to refer the question at first
instead of rejecting it, and then try
ing to refer something that the coun-
Gil, in fact, had disposed of definite
lily and declsively. But, since the
council acted under advice of the
lawyers. the latter is not particular
ly to blame. however queer and ir-
regular the proceeding.
After this. however, If the coun-
Gil would avoid any complications,
1T would he well, if reference is to
be had, to do that before voting to
decide a question, as was done, when
it was voted to reject the ordinance.
The franchise. If granted. will be
one of vital concern both to the ap-
plicant and the city. and there
should be no irregularity in the
granting of it.
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