Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-04-26
ATTORNEYS FOR CITY IN UTlLl.
TIES ORDINANCES FEAR OLD
ORDINANCES ILLEGAL.
HULL PRESENTS NEW
ONES FOR READoPTloN
Mayor Thinks He Sees the Joker in
New Ordinances. and Points Out Fact
cIause-Law Provides For Publica-
ton, Says City Attorney.


If a mayor wishes 10 Veto an ordin-
anee he shall return il to the council
unsigned, stating his reasons there
fore, and because she mayor did re-
turn the Hull rate ordinances 10 the
| council unsigned, and did state his
reasons therefore, Attorneys Van Law
and Carney have feared that a legal
Veto Of the ordinances had been en-
acted albeit the mayor said in his let
ter that he was not vetoing them.
In order 10 have no cloud upon the
4 ordinances in the record of their pas
sage, Councilman Huh. with the con-
sent OF Councilnan Gregory. Herman
ana McCarten, introduced Monday
nigh. the gas, electric power, ELECTRIC
Hight and street car ordinances anew.
accom- panied by a statement from me
/ attorneys. The ordinances We're placed
on their first reading and City Al
/ toraey Northup is 70 pass on ,he law
poin> al The mayors request.
When the mayor addressed ais
scorching letter OF rebuke % the four
councilmen who had passed these or
iiuances over his opposition, he refused
.
intend Ia veto them. However, ne
signed the letter as mayor, demanded
that Il D.. filed as a public record ana
in the letter ne used the language
Gear in mind l d. not approve these
ordinances. tor the reasons given
The ATTORNEYS for the four councilnhen
10 whom The communication was ad-
dressed fear that this language either
s3roitly intended. or ina dEertsntE con-
-;Etutes a y4to. Ii the letter the mayor
did return the ordinances unsigned
within the statutory fourteen days, and
ne did state tha1 he did not approve
/ them giving his reasons therefor, which
| the lawyers think complies with the
/ statutes definition OF a Veto.
1 Councilmen Hull, Gregory. McCarten
| and Herman are not inclined 10 suS-
| pee. the mayor OF any intent 70 STAB
| their ordinances IN the dark, but SIMPLY
| look upon it as an accident due 10 the
| fact that the mayor was not lawyer
| ana they now ask that their ordinances
be passed in such form as 10 remove
AL doubt as 10 their Legality.
Insists No Veto Intended.
| When the communication from tbs
city's volunteer attorneys was read the
MAYOR said that he had not vetoed the
letter that he would not veto them. 4
stated this as clearly as 1 could said
the mayor, SO that there would be no
| rnistaking my intent.
Mr. Gregory said that he was willing
to take the mayors word for it that he
! intended no veto, and believed the other
members felt the same way, but that
was not the question now 70 be consid-
cred. Rather than do anything that
might help defeat the ordinances in
court il was only right that the council
take the advice Of the attorneys who
had offered their services, and if they
saw anything in the mayors commune
cation that might bring about a defeat,
It should be rem edied so that the at
torneys could 60 into the case without
flaws in the ordinances.
Northup Not Ready.
When asked for his opinion as TO the
effect of the mayors communication,
more particularly as to whether or not
it did constitute a veto, City Solicitor
Northup said that ne had been APP
preached by Mr.. Van Law and Mr..
Carney, the day on which their letter
to the four councilmen was written.
Mr.. Northup said he favored the view
that the mayors letter did not amount
10 a veto, but ne did not want 10 give
that as an opinion without further
looking into the question. The mayor
insisted that the city attorney give the
council written opinion at the next
meeting.
Mayor Fears a Joker.
The mayor was inclined TO see q
joker in the letter OF the attorneys
and insisted that Van Law and Car
ney were trying to put him in hole
The mayor declared that he was too
wise for their game. and that he didn't
care anything for their opinion. 4
want the opinion OF the city attorney
and other attorneys if necessary. before
90 anything else,'' he said. The mayor
mad vetoed the ordinances he had moth
ing more TO say.
Mr.. Herman said that 10 ore was
attempting 10 place the mayor in &
hole. but that the new ordinances
were Introduced so as mot to put u
lrto q mole.
Mr.. Gregory said that il the new or
dinances the four members fatherins
them We're not attempting in any way
10 escape the responsibility. "All VIZ
want to do said AR. Gregory. lis IL
remove all doubt in the minds of the
attorneys as 10 the legality Of the or
dinances and their standing in court
Will Adopt Them Anyway.
Mr.. Gregory said that he had hoped
that the other members Of the council
would at least join with the hacker!
. Of the ordinances in a. least the sus-
pension of the rules, so that they coulc
be adopted in one meeting. -If not
said Gregory, eve will adopt them an.
way in three meetings"
Mayor Thinks He Knows.
The mayor ventured the assertion
that the present ordinances differe'
from the others, and sent for the oil,
ordinances. Asrnile lit up his counte
nance while the last ordinance was be
ting read, as he sat comparing one o
the new ordinances with the old.
The mayors discovery was the fac
! that in the first ordinances there wa
no publication clause, while the ney
scontained the clause.
There is the reason" said the mayor
why your attorneys want these OF
. dinances readopted. They drew tn
first ordinances effectively, and the.
tell you they are illegal and try to pu
it on to me and claim l vetoed them
Why don't they come UP here honestl