The Detroit times., 1911-09-19
CAUCUS
!. ON BRICK MATTER
. This AFTERNOON
Meeting, Called ostsnsibly To Nom
inats President, Expected 10 De-
eide on Release Of All Bills in
Tonight's Council Session.
Mayors Right To Exercise Veto,
Even Though He Approved Con-
tracts, Is Upheld by Hally.

Notwithstanding an opinion submit-
ted by Corporation Counsel rIally.
Tuesday morning, upholding the
mayors right to veto bills for brick.
ordered under contracts, which he
mas previously approved. there Is
suong probability that the common
council VIII vote to release the bills
now on the table In tonights meet
ing, and thus permit the paving op-
erauons that have been held up for
several weeks to go ON. The matter
VIII be fully discussed at a caucus.
OF the Republican aldermen, called Tor
o'clock this afternoon, and the opin-
lon was expressed by several OF the
aldermen, Tuesday morning. that this
would be the course agreed on.
The caucus has been called bv fhe
chairman. Aid. Gilman. ostensibly FOR
the selection OF a president OF the
council Tor next year. II IL almost
unneard OF to call q caucus for this
purpose 80 early In the year. and
while president will be selected, the
real purpose OF the caucus is said 70
De the discussion of the brick sit
uation. 1t Is generally agreed that
AID. John Grindley, Of the Eighth
ward. Will be the caucus choice for
presiding officer. II 10 the custom to
alternate from the east to the west
side. and the present incumbent il
an east-sider, Aid. Gutman, OF the
Third ward. Grindley will have no op-
position. II IL said.
To get back to the brick question.
the aldermen feel that something
must be done to relieve the sitna-
tion. Cold weather IL rapidly ap-
preaching and several streets are
torn up, awaiting completion Of paw
ing Jobs. II theyu are allowed 10 re-
main In this condition. the aldermen
will be blamed for holding UP the
bills. On the other hand, II the alder
men pass the brick bills over the
mayors veto, and the pavements turn
lout bad. the responsibility will natur-
| ally fall on the council The alder
men have declared right along that
they did not propose 70 put any such
campaign weapon In the mayors
hands, but some of them appear to
have changed their minds and are
willing to take chances with their
lconstotuents. It's almost case or be-
ing damned IL they do and damned
| IL they don't"
The aldermen who favor releasing
the bills take the position, in spite OF
Mr.. Hally's opinion. that the time for
the mayor to have exercised HIS veto
was when the contracts for the brick
were submitted to him last spring.
Mr.. Hally, In his opinion. after quot
ing the charter and reviewing the cir
cumstances involved, says:
At the time that the city enters
into one OF the omnibus contracts,
| no money passes nor will any
money pass until such time as the
commodity contracted for is de-
livered: and II the city OF Detroit
in any one year fails TO order any
brick for paving purposes, the
manufactures would not have q
right OF action against the city for
its failure TO do so. II IL q sort Of
option entered into by the brick
manufacturer with the city, the
city agreeing that what paving
| brick II will use IL will take from
him, and that he will sell Il at the
specified price.
| So the contract becomes SOM
| plete and the debt comes into en-
istence for the first time when the
brick IL ordered; and upon this
debt, which is created by the mr.
| der being sent, the mayor has
never had an opportunity to ex-
| press his veto; and II his right 10
| denied, that debt would be Great
! ed without giving him the opp0r-
tunity to express his approval or
disapproval. and the transaction
would be contrary to the provision
OF the charter.
| When the contractor Is ready
! for the bricks TO complete his
paving job, the department Of
public works has the mannfactur-
er deliver the necessary amount
Of bricks under the omnibus con-
tract. When the order Is entered,
| the obligation then becomes bind
ing upon the city to pay for the
bricks delivered under that order.
This is the first time that the ob-
legation becomes fixed, and upon
II the mayor has the right under
the charter TO exercise his veto.
II II is true that certain material
furnished Is not In accordance
with the contract previously en-
tered into and the material does
not comply with the essential feat
ures OF the contract. then It Is
material being furnished not un-
der contract, and the liability to
pay for II Is a liability which arises
! to pay for any material that Is
/ reasonably At for the purposes for
which Il was ordered
/ Fortified by Hally's opinion. the re-
suits OF the rattler tests and the ~
ports OF the experts TO the Board of
/ Commerce paving investigation COM