The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-04-29
For Better Equipment For
The Fire Department
PreSt. DGvGr Holds That The
Ordinance Was Passed
While Members OF Council
Differ From Him

The city council met in regular ses-
sion Monday evening in the council
chamber with President Edward Dever
In the chair. All members answered
to their names at roll call. The min
were read by Clerk McIntire and were
approved as read.
The resolution to issue certificates
Of Indebtedness to the amount of
$1,000 was read for the third time by
its title and discussion was opened
on the matter. Mr.. Jones stated that
he had consulted certain lawyers In
the city and they had informed him
issue certificates of Indebtedness for
any amount larger than the appropri-
alton which had been made and furth-
er stated that he was not in favor of
issuing the certificates for the amount
named in the resolution, but that there
was an unappropriated balance Of one
thousand dollars in the hands of the
committee on finance and that would
be given for the purchasing of the
necessary equipments desired for the
Third ward engine house. He stated
that that amount Of money would buy
the new hose, horse and new noz-
ale. He said that he was not in favor
of buying three new nozzles as was in
tended by the fire committee.
Mr.. Cole in his statements on the
subject said that he had been in COM
pany with part of the fire commit
tee in their investigation of the
equipment needed at the engine house
and that there were really in sad need
of the articles which they are asking
for and that it was his opinion that
In case of emergency, as he consid-
cred this to be, that bond issue ex-
ceeding the amount Of the appropria-
tion could be made. The opinion Of
Solicitor Leonard was asked for and
the solicitor said that the law
read that certificates of indebtedness
could not be issued to exceed the an
ticipated tax revenue that would be
forthcoming in a certain department
during the next six months. A large
amount of discussion followed on the
matter and it was put to final vote
for passage. The vote resulting as
follows: Aye-Cole, Dubinsky, Farri-
son and Taylor; no-Dowds, Jones
and Weaver The resolution was de-
clared duly passed by President Dew
er. Mr. Jones Immediately took ex-
ceptions to this and asked If 1t did
not require two-thirds vote of the
council to pass a resolution of this
nature when the expenditures of mon
ey was involved. The advice and
opinion of the solicitor was asked for
and he stated that the law did not
make any provisions for the passage
of such an ordinance, but it did state
that a two-thirds vote was necessary
for the issuing of bonds and mortgage
notes and that he'considered this to be
in the same class with such an ordi-
nance and that it was his opinion that
a two-thirds vote was necessary for
passage.
Mr.. Cole Immediately stated that
the solicitor was not sure that such
was the case as the law made no pro-
visions for the matter in question and
that as things stood, the council had
done their duty and it would now rest
with the mayor, the solicitor and the
auditor for final decision.
Presiden Dever addressed council
and In his statements said that the
ordinance had been passed by ma
jority and that 1t was proper that the
matter should be put in the hands of
the above officers mentioned and that
IL he had erred in his declaration of
a passage of the ordinance then 1t
would be changed after thorough in
vestigation by the officers in charge of
the matter.
An ordinance to construct cement
or flag stone sidwalks on the south
side OF East Chestnut street between
Division and Catherine streets was
given the second reading by Clerk
McIntire. On motion, the rules were
suspended and the ordinance was CIV
en- the second and third reading by
its title. On final passage, all voted
aye and it was duly passed.
A resolution to construct sidewalk