Bismarck daily tribune., 1908-12-23
IURNEDCODlFIED
LAVSDOVN HARD.
City Fathers Want to Make
City Attorney COdifiCatiOn.
Commission of One, But
Mayor Ruled Resolution.
Out of Order. Ordinances
as COdifiedAre Then Voted
Down Six to Four

down Six to Four
The city council met Tuesday night I
in adjourned session to listen to the
second reading of the codification of +
the city ordinances. The mayor ques-
toned each member as to whether
he would accept the reading already
done as the second reading Of the
ordinances. Before this was done
Alderman Richholt introduced the
following resol tuition:
Whereas, 1t is reported that there
are many ordinance contained in the
revised ordinances presented to this
council for passage which are in con-
fiict with the laws Of the state of
North Dakota and
Whereas, Provisions have been in
conpprated in said revision which
are not part Of the ordinances of the
city as now set forth in the ordinance
record of the city, and
Whereas, 4 Neither of the two mem
bers most active in making such re-
vision are themselves attorneys, and
Whereas. Statutes have been pas
sed at the last three sessions Of the
state legislature, materially chang
| ing the powers of cities in the enact
Iment of rdinances, and,
Whereas, The city attorney has
given no official opinion as to the val
idity of the proposed revised ordin-
ances and such opinion is desired be-
fore action be taken by this council,
upon said ordinances Now therefore.
be it
Resolved, That the report Of the re-
vision committee together with the.
proposed revised ordinances be re-
ferred to Hon. f. H. Register. city
attorney, and that he. be and hereby
is directed at his early convenience
to give to the city council his opin-
ion in writing as such city attorney
of the validity of each Of the propos-
ed ordinances, and that with such
opinion he furnish list of all the
4 changes IL any in the language and
effect. from and Of the ordinances,
as they now exist on the ordinance
record Of the city Of Bismarck, and
that until the fling of said report
5by the city attorney further action
on the passage Of the revised ordi-
iEnances as presented by the revision
committee be deferred.
Mayor Smyth ruled that the reso-
Tuition was out of order, giving as
reasons that the city attorney had
Il served as a member of the codifica-
tion committee and had signed the
report of the committee, and that the
council has no legal right to ask the
city attorney to practically recodify
i the ordinances.
# Alderman Patterson moved the
third reading Of the ordinance and
the placing Of it on its passage, which
4 motion carried. 70
E Alderman Reade's amendment to
the cow ordinance was adopted.
The title of the ordinance was
agreed to and the ordinance was then
placed on its passage. @
The roll being called as follows:
Ayes: Orr, Larson, Marquett and
/ Reade. Nayes Horner, Richholt,
Fisher, Patterson, Wilcox and Tay-
lor.
Alderman Patterson explained that
ne voted no for the reason that the
ordinance would be printed at once
and the coming legislature would
probably make many changes in the
municipal code and he thought the
council had better delay until after
the session.
Mayor Smyth asked the opinion Of
the council as to taking action to
make people clean their sidewalks.
Alderman Reade was of the opin-
ion that the city continue to clean
the walks Just as they had done in
the past. and the council agreed to
this plan.
motion to adjourn was made and
carried.
Order your brick ice cream from
Richholt