Daily press. [volume] (Newport News, Va.) 1896-current, 1909-04-14
WILL Be PASSED OVER HIS HEAD
Measure Referred to City Attorney
For Opinion, as Absence Of Alder.
man kellum Made Passage by
Three Fourths Vote lmpossibie-Mr.
Read Says Mayor Is Wrong.

! board OIL aldermen last nikht, ~Hci
the ordinance passed b. bott
! branches of the council, diVldlht
about $4,000 known as the cremat0r,
fund between the Second, Third ant
Fourth wards to be expended FOL
! street improvements, was returned by
! Mayor Jones without approval.
| AS the result OF this. the much
discussed measure is now before CRY
Attorney Massie for an opinion as
to its legality.
Would Have Passed Over Veto.
The ordinance without doubt would
have been over the mayors veto. but
| for the absence of Alderman Kellum,
Six votes were required and as 1t was
known that President Robinson and
Mr.. Nelms both from the First ward
would stand fast in their opposition
the majority did not attempt to act
upon the veto.
When the mayors message was
read, at the beginning of the meet,
ing. 1t was laid upon the tatde tenn.
porarily. as Mr.. Kellum was expected
to arrive at any minute.
Confident Mayor is Wrong.
When the calendar had been dis
posed of and no word mad come from
the absentee, Mr.. Read made brief
statement saying that 1t was oonli-
dent Mayor Jones was wrong in his
opinion. and moved that the ordl-
rance be referred to the city attOr-
ney with a request for advice upon
the point raised by the mayor. This
motion was carried without opposl-
ton. and at the close Of the meeting
the sentiment Of all the members ex-
cept President Robinson and Mr..
helms, seemed to be in favor of hav-
ing a special meeting called in the
near future for the purpose Of passing
the ordinance over the mayors veto.
Six affirmative votes, or three-tourths
of the membership, were required to
adopt the measure In the first place.
and a like number may put 1t through
over the veto.
The Mayors Message.
Following is Mayor Jones' message:
| April 8, 1909.
'To the Honorable Board Of Alder
men of the City of Newport News:
| Gentlemen
II am constrained to return to you.
! unsigned. an ordinance which Origi'
| mated in your Hnrt rattle body and
! which is in the following words
| Re it ordained ~ tho council OF the
city Of Newlsr, News that the money
in the hanis OF the city treasurer
Known as thc crrniatory fund. which
has nv the lesis lature been authorized
~ &c expendc: f," street improvement
nun poses: Ono third In the Second
~aid, one-third IN the Third ward, and
o"c third In ne Fourth ward The
statute whereby the council Is author
izrd to use IT,, emo mentioned in the
said propos ID ordinance is in the fol-
Low ing words.-'Whereas by an act OF
the General assembly of Virginia, ap-
proved January 25, 1900. the city OF
Newport News was authorized to issue
in its name bonds for the purpose
of establishing a crematory: and
| Whereas. the said city has issued
and sold suck bonds, and now desires
to use the money so derived for i'm
proving its streets. instead OF estab-
fishing . crematory; therefore.
| -. Be It enacted by the general
assembly of Virginia. that the city Of
Newport News be. and Is hereby, au'
thorized and directed to use the
mGpey derived from the issuance and
sale Of bonds authorized by an act of
general assembly Of Virginia. approx.
ed January %. 1900. and appropriated
for the establishment OF a crematory
In said city foi paying any indebted
ness which il has. or may hereaf-
ts. incur. IN making street improve
, ments.
80. This act shah he in force
from its passage See acts Of extra
session. 1sOc-3-4 at page 40.
IT cannot be denied that the only
authority to divert the said fund from
the purpose for which IL was origi-
naIIy intended is the &C; OF assembly
abuvc set out. 1t. therefore. ncces-
| sarily fUilcws that il can only be ex-
pended liz accordance with the pro
v,s,Cns CT the said ac:. Now. YOU will
observe that the Only ;ythority con
| ferred By the statute tC expead the
said fGnd Is to paw sby Indebtedness
which &c city had inc,rred for street
| improvems nts. Is II not. therefore.
ciea, that the Indebtedness must have
zen Incurred bsforS :he said fund
can be -, apart to b. expended?
! y ir,vly admit that the executive
veto should BE- vc:y sparingly used.
bit in my opinion this 10 one Of the
csSts ia which the executive Is com
PEELED To- ;sterpose. And in my opin-
Ia the proposed ordinance will be
a=rnable TO this fatal objection until
II sets fsrth what the Indebtedness
for street Improvements Is. which the
fund 10 So apart &c pay.
Il "Npr, resn.e.fuflv yo,trs