The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1909-07-09

The following explanation Oh tue
conditions relative to the bond issue
for the purchase of the Auditorium,
made by Mayor Rider in letter to
DR.. oliver Bagby of the Auditorium
company is of interest to the voters
of the city, and is a clear, definite
statement of the status of the prop
osition as it now stands:
July $1,000.
DR.. oliver Bagby Vinita.
MY Dear Doctor: | am in receipt
of your request for a statement Of the
objections made to the Auditorium
bond issue which, in the judgment of
the bond companies, rendered the
bonds invalid.
There were three principal objec-
tions:
1st. That the title to the ordinance
did not refer to the matter of the issue
of the bond,
2nd. That the city had no authority
to appropriate a portion of its funds
as bonus for the Harvey eating
house.
3rd. That the ordinance providing
for the election, and the proclamation
of the mayor calling the election, re-
uuired that the matter should be sub
mitted to the qualified electors" and
that a majority thereof voting for or
against the proposition would control.
Regardless of the merits of the first
two objections the third is absolutely
fatal to the issue The only authority
the city has for the action contemplat-
ed by the ordinance is that found in
Sec. 27, Art. 10, of our constitution
which provides
ANY incorporated city or town in
this state may, by majority of the
qualified property tax paying voters,
of such city or town, voting at an cleo
ton to be held for that purpose, be
dllOWeu 10 UtCOlut ihuCDICu IA -" A"h 81
amount than that specified in section
twenty-six, for the purpose of purchas-
ing or constructing public utilities, or
for repairing the same, to be owned
exclusively by such city"
This section has been three times
before the supreme court of the state
of Oklahoma and by them construed
From it you will see that the qualifi-
cations of those voting at the former
election were not in compliance with
section q in that any qualified elector
of the city was permitted to vote.
Under section 27 in addition to be-
ing a qualified voter" each person
desiring to vote at the election must
be a property tax payer. In justice
to the former administration, it is but
fair to state that at the time the legis-
lation was prepared for the former
election the above referred to decisions
of the supreme court had not been
rendered. It is the purpose of the
present administration to submit to
the qualified property tax paying vot-
ers the matter of the purchase of a
site and building for the city hall, it
being considered that it is better not
to specifically refer to any particular
property as the object of the Dur-
chase.
If the voters ratify the act of the
council at the coming election on Au-
gust 3rd. it will mean that the city
council is thereby authorized to issue
the bonds of the city to the sum Of
SIS, 600 for the purchase of a site and
building for a city hall
It was thought best not to refer to
the Auditorium building as the object
of this purchase for the reason that
bonds for such purpose having been
twice rejected, it would be difficult for
the city to sell the new issue at par
would suggest that the Auditorium
company should submit, in writing, to
the council a proposition to transfer
to the city for a city hall building the
Auditorium building and to secure the
relinquishment to the city of all the
interest Of the Frisco in the grounds
in consideration of the payment to the
Auditorium company of S2S.00OOO. The
Auditorium company might then en-