The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-16
POLLARD H'0'L Us
MAYOR 0 IS RIGHT
Contract for Blues Arnory Not
Legally Adopted by Com
mon Council.
MEANS ANOTHER LONG DELAY
City Attorney, Answering Coun-
Gilman, Explains Defects
in Ordinance.

i . . y. ! Il u -
In an opinion rendered yesterday
City Attorney Pollard holds that the
action of the Common Council at its
assEns ol the K hlSes aasp' ana
structing the Committee on Grounds
and Buildings to award the contract
for the erection of the building, was
ceived the required two-thirds vote Of
the members elected to the Council.
This opinion was given by the City
Attorney yesterday morning IN answer
to a letter from Councilman g. e. Rich Il !.
ards, asking for an expression on the
question. The Common Council has
been called to meet tonight to con-
slider the Mayors veto of the armory
plans. and also to take action on the
special appropriation for the immediate
repairs needed for the Free Bridge.
Gives Clcnr-Cut Opinion.
The letter OF the City Attorney to
Mr.. Richards follows
II nm In receipt Of your favor OF this dat e
requesting me to give you an opinion I'M ~
Cured in by the Common Council mt Its nc.
Journcd meeting. held on the 9th day VI
July, 1908, authorizing the Committee on
tile erection of the said combined building
(market-ho,isc and nrmory) III nccordanc icy
with plans nnd specifications submitted BY
lInlls 4 Averill, Of WnsliingtOn, ID. c., and to
award contract for said building conditioned
s snSHut1s 'o'is' ~ w
'"Tho resolution referred to in your COM
muncntlon Is in the following lnngunge:
s"l3e 1t resolved by the Council Of the city
OF Richmond, the Common Council concur
THAT the designs submitted and recom-
nlcnded by the Committee on Grounds and
Buildings for n combined mnrket-hOuse and
onl Market. awarding the designs In the fol-
lowing order:
Ssccond choice to holland & Bnskervill, of
Richmond, Va.
..TlIrd choice to John Drevcr, OF Rich
mond, Va.
'.Be, and the snme is hereby adopted. and
that the Committee on Grounds md Build
ings are instructed to procure bids for the
erection of the said combined building IL. IN
submitted by IIall i Averill. OF washington,
d. c., and to award contract for said build
Ing CONDITIONED upon tn the eo contrast not sn,
shall also include tho architects ices; and,
further, that the committee Is also autho-
rized to pay to holland = baskeryiil t the sum
of $500 to John Drever for third best de-
sign.
"Whethcr or not this resolution. in order
to be legally adopted by the Council of the
city Of Richmond, without the concurrence
of two-thirds vote of all the members
elected to that branch Of the Council, de-
contained in section 18 Of the Charter OF
the City Of Richmond, which Is In the fol-
lowing language:
- $50 on all ordinances or resolu-
tions appropriating money, exceeding 500,
imposing or Releasing taxes or authorizing
the borrowing of money, or donating any
property Of the city, or increasing any salary
or pny OF any employees OF the city, where
the value of such property Is 500 or more,
or the aggregate of such increase of s,tlnry
is 500 or more for any one year. a vote
to each branch shall be necessary, and the
yeas and nays shall be entered on the jour-
nal of each branch. respectively.
Would Bind the City.
"While 1t Is true, that literally speaking
the resolution referred to does not make IN
appropriation of money, vet inasmucll as 1t
expressly authorizes the Committee on
Grounds and Buildings to award contract
and armory), conditioned upon tho contract
not exceeding the sum Of $100,000,' ETC., 1t,
in effect, would, If followed by the commit !.
tee, irrevocnbly bind the city to make an np-
proprlatton to meet the payments on u con-
tract so made, aud would confer upon the
contractor the absolute right to compel an
appropriation to DO made to meet the pay
ments on Ole contract, not In excess OF
$500 900, and he might invoke the aid of a
court OF competent Jurisdiction, In mandan,us
n'ocecdsngs. to compel the Council to make
the necessary appropriation to meet tho
obligations assumed by the city under such
u contFhct, Wnetner they {thes City COunclO
would or not, and thus the Limitation thrown
around the appropriation of money by the
Council would be entirely defeated, or. in
other words. the expression OF the will of
the people to the appropriation would not
be given in the mode prescribed by the
charter, VIZ: By the approval of not less
than two-thirts OF all the members elected
to each branch of the Council.
1T being n conceded fact that the rcsoIu-
tion was adopted by the Common Council
by IN Affirmative vote of only eivhte
members of that body--less than two-thirds
of the members elected thereto am clear
ly Of opinion, for the reasons stated above,
that the resolution above quoted, not hnv-
ing been adopted by vote of two-thirds
of NIL the members elected to the Common
Council, was not legally adopted by the
Common Council at Its adjourned meeting
held on the 9th day of July, 1908"
Writ OF Error Granted.
A writ Of error was granted in the
Supreme Court of Virginia yesterday