The morning journal-courier., 1908-11-12
Declares Mayor, and Not Direo- tor, Passes on Legality of All Orders Passed by
 Aldermen.
EXPLANATION OF CHARTER
Hearings Provided for in Bureau of pensation--Opinion Quoted Does Not Bear on the
 Case.

Alderman J. Edmund Miller, who started the suggestion of impeachment of Director of Public Works Foley at the meeting of the board of alder men last Monday evening, takes issue with the defense of the director which has been made publicly that his action was based on the favorable opinion of the corporation counsel. MT. Miller considers that the opinion in question is the one asked for by the board of compensation to deter mine the correct method of procedure for 1t to adopt in certain difficult cases and he holds that this opinion was given to the bureau of compen- sation and not to the director, and is not on the main contention at all He further says that as he read the opinion 1t really sustains the\ position of the aldermen, although not tnten- tionally referring to it.
 In an interview on the matter last night Mir. Miller spoke as follows;
 The question Is not whether the action of the board of aldermen was legal or not legal, but why the direc- tor did not send the orders of the board to the bureau of compensation for hearing on the assessments of benefits and damages
 If as he says the orders were not legal why did he not return them to the board with the opinion of the cor poration counsel to that effect2 "The opinion he now quotes has no bearing on the subject brought be- night, but simply informs tne bureau of compensation In regard to how they shall proceed in tile matter of bene- fits. The opinion he quotes states plainly that the charter after dele- gatlng the board of aldermen the pow CT to establish building lines, has pro- vided that before the aldermen shall 1t shall refer such proposed action to the department of public works, and the latter shall there upon refer the matter to your board (of compensa- tion) for an assessment of benefits or damages.
 This is just what he director has not done, although he had the opinion of the corporation counsel to the board of compensation before him, which opinion shows the contention of the board of aldermen, that the director should not hold up the orders, but should send them to the bureau of compensation, was correct.
 The opinion quoted does not say that the action of the board was H. legal, to use the corporation counsel's words\ while there is nothing that specifically prohibits such a practice. 1t ought not to be favored for obvious reasons.'
 "The charter gives to the board of aldermen the power to pass any order. resolution, etc. except an ordinance, without a public hearing. provided unanimous consent is secured. The charter, section 137, gives the board of aldermen the exclusive power of establishing building lines.
 "Of course the director of public works is correct in saying the people affected should be granted a hearing, and the peoples interests are safe- guarded by the provisions contained in section so of the charter. which provides that the bureau of oompen- sation shall hold hearing and assess benefits and damages before the build- ing line shall be adopted as final by the board of aldermen, and this is where the hitch comes in. The orders for building lines have not been sent to the bureau of compensation for a hearing.
 "The director construes section 7S to mean that he as director shall hold