Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1909-11-25
MAYOR INSISTS. Thai
1T Is NOT LEGAL
But is Willing to Abide By
Attorneys Views.
Council Has Long Wran-
gle Over the Sale of
Bonds to the Bond
Commission.

Council wrangled for over halt
hour last night about the proposed
7 purchase of the $4,000 agricultural
college bonds by the Bond Commits
sion. At the end Of the discussion
which at some stages got rather per.
sonal in its nature and seemed cal
culated to arouse some feeling, 1t was
decided that the Finance Committee
, would not proceed with the sale of the
bonds to the Commission until the
City Attorney had prepared a writ
ten opinion on the legality of the
Commissions right to invest the sink
Ing fund money in the bonds.
The discussion began with a report
from Chairman Eldridge that the
Bond Commission had decided to take
the bonds and that the deal would be
consummated on Friday. This SEEM
ed to be very gratifying news to the
other aldermen. But Mayor Fielder
at once opposed the proposed action.
Il do not believe that the Bond
Commission has any legal right 10
invest the sinking funds in this way"
declared the mayor, "and must enter
my protest against it right now"
Alderman Eldridge stated that ne
had been informed that the city attor-
ney had ruled that it was legal for
the commission to pursue the course
it contemplated, The mayor prompt
ly stated that hearsay evidence didn't
go even in a justices court. Then
Alderman Allen stated that he heard
the city attorney deliver this opin-
ion. The mayor then insisted that
even that would have no weight if the
act contemplated should be called into
question.
What want and insist on having"
declared His Honor, "is a written
opinion that will be recorder on the
minutes of Council. For myself
don't believe the Commission has the
right to use the money entrusted to
1t In this way. The money IL. its
hands is there for the express purpose
Of providing for the taking up of the
outstanding bonds OF the city, If no
bonds are offering it Is It's business
to keep the funds available to buy
them whenever they mature. | don't
believe it has a legal right to use this
money to buy new issue of bonds by
the city, and especially these agricul-
tural college bonds / question the
legality OF such a step from more
standpoints than one"
(. Then followed fifteen or twenty
minutes reiteration, on both sides of
the question, of the same old argu-
ments, Alderman Hawkins insisted
that the whole business was child's |
play, and called attention to the fact
that at previous meeting council had
directed the Finance Committee taI
sell the bonds OF the Bond Commits
sion.
THAT settles IT, said he, and the
committee should go ahead and do
as it has been directed
mo. 1t doesn't settle it." insisted
the mayor. That action was wrong,
and 1t is not too late to mend It, Coun-
ell had no business to give such an
order"
Well. you were in the chair when
1t did It," said Alderman Hawkins.
We'll, I'm in the chair now to see
that it is not carried out if / believe
1t is Illegal" was the mayors re-
tort.
There seemed to be a strong likeii~
hood of the discussion going on all
night, but Alderman Eldridge arose
and remarked that it was really not
absolutely necessary to carry through
the sale at once. Then the mayor
said he was willing to call a spe-
cial meeting at any time, receive an
opinion from the city attorney and
abide by it. This poured oil on the
stormy waters and the Finance Com
mittee agreed to do nothing further
until the opinion hal been received
and presented to council.