Omaha daily bee., 1909-01-19
VALIDITY OF WATER BONDS
Allegation that Election Authorizing
Issue is Irregular.
EXTRA MEETING OF COUNCIL
Action Taken AZ Session on Tuesday
Evenin and ON Same Date that
Petition was Presented
Provisions of Law.

Did the city council, when ordering the
special election last October, at which the
proposition TO increase the municipal in
debtedness by the issue OF 100000 bonds
for the construction OF purchase Of water
works system, overlook SOM of the formal
ities which the code Of Iowa says are neces-
sary to make such action valid and legal7
The possibility that the city councils ac-
ton relative 10 this bond issue was not
entirely In accordance with a strict inter
probation Of the law lie said to be seriously
worrying some Of the city officials, who
fear thai the entire expense OF the special
election may have been wasted and that
in order to make the bond issue valid the
proposition win have to be submitted to
the electors again.
Since the allegation was made by the
c. B. Nash company Of Omaha, which re-
Gently brought suit in the United States
court to enjoin the issue OF these water
works bonds, that the proceedings Of the
city council were null and void, for the
reason that they were not In conformity
with the law on the matter, certain inter-
esting facts have come to light.
what IL n Regular MeetinEF
The Iowa law provides for cities Of the
first class, in which category Council Bluffs
is listed, that the regular meetings of the
city council shall be held on the first Mon
day in each month. Now, 1t happened that
the first Monday in the month Of Septem-
Der. 1908. was Labor day. a day generally
oil deserved as a legal holiday. Like the rest
of the community. the members of the city
council observed the day as a holiday, and
no meeting of the city council was held
that night. In fact, 1t is admitted that a
general understanding having been pre-
viously reached that there would be no
meeting on Monday, September Z not a
single member of the city council put in
an appearance that evening at the city
hall and the formality of adjourning until
the next evening, Tuesday. September s.,
was attended to, II at all, by A. w. Casady,
the city clerk.
The records of the city council. which
are neatly typewriter and bound, show
that all OF the eight members Of the city
council were present at the regular meet
ing'-on Monday evening. September I,
1908, and that on motion the meeting was
adjourned until the evening of Tuesday,
September S. This record bears the attest
ing signature of the city clerk, A. w.
Cassidy, but for some reason or another
was never signed by Mayor Thomas Ma
loney. The minutes of all the other meet
ings after being duly approved by the
council bear the signature of the chief
executive.
Custom Long Followed.
Nov the question has arisen whether
the meeting of the city council on Tues
day. September 8, under a strict inter
probation of the law can be considered a
regular" meeting. seeing that none of
the councilmen was present Monday
night, September Z. when the alleged
action in sdjourning to the next night is
I-,g-- 100. aIyn- M.
Casady, when the matter was called TO
ais attention, said: w were merely
following an old-established custom. The
meetings which have fallen on a legdl
holiday, such as Labor day, have Away
beOn adjourned to the next night or some
later date by agreement, and this has
been done by the clerk without the coun'
cilmen being present. The minutes have
always been written up as If the coun'
cflmen were present"
Asked If any of the councilmen were
present on the night of Monday, Septem
Der Z, Mr.. Cassidy replied: mo, l dom
believe there were
Now that the question of the validit!
II the action of the city council in or
ierintsr the special election has been ques
sioned. some of the councilmen are ques
tioning whether the meeting on Tuesda!
night. September s. was a Irregular
meeting of the city council, as contem
plated and provided by the statutes.
Creation of Indebtedness.
Section 1906 of the Iowa code relating
to increase Of municipal Indebtedness
and under which the city council con
templates issuing the 5000, 900 water
works bonds. provides that before sue
Indebtedness can be incurred by the cit
a petition asking for the issuance of tn
bonds bearing the signature of NOR
than 200 qualified electors must be pre-
scented TO the city council. Then the sec
tion goes on TO say: ION the receipt c
said pstition the council shall at the neA
regular meeting call such election"
The records OF the city COUNSEL sho'
that the petition asking for the issuanC
Of these bonds and the submission of tn