The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-12-08

bers OF the Board of Aldermen present
next Tuesday night is required TO con-
cur in the ordnance redlstricting the
city into four wards, already adopted
by the Common Council. In written
opinion City Attorney Pollard holds
that the Mills amendment makes no
nppropriaticn OF money, nor docs the
ordinance bind the city for payment
OF any sum OF money for which Rich
mond is not already specifically bound
under State law.
When the ordinance came up In the
Council on report of the special COM
mittee, 1t outlined a definite plan of
red.stricting into four wards. and in
later clause, in accordance with the
Code of Virginia, requested the Judge
of the Hastings Court to appoint COM
missioners to correct the poll books
before the next election.
Mr.. Mills contendco that this would
entail on the city some expense. The
rules OF the Council require that all
appropriations of more than 500 shall
have two-thirds recorded vote.
MIR. Mills offered ana secured adop-
tion of an amendment prescribing that
the allowance SO made by tho Judge
OF the Hastings Court to commission
ers should not exceed $4,000. Mr..
Peters still ruled that only majority
vote was needed. and is now sustained
by tho City Attorney, who holds that
the Council cannot ovade the payment
of whatever allowances the Judge may
make in such Il case.
Made Serious Slip.
1t Is now conceded by Mr. Mills and
those with and against him that he
made serious slip in the wording of
his amendment, He is regarded as ono
OF the most alert and resourccful par
liamentarians in the Council. but in
this case he failed to add after the
words, mot exceed $1,000 the further
2 clause (which sum is hereby appro-
+, priated."
II adopted that would have made a
distinct appropriation on the books
d. n ffr IN,
lDurposc of paying the commissioners
iWhether tho sum so provided was suill-
! Client or not.
| With that addition tho ordinance
| would clearly have had in IT an ap-
| preparation. and tEoQld have required
! q. two thirds vote. .wh!efi would have
! meant Its defeat: SINCE 1t passed the
4 dition the amendment adopted is CON
4 coded not TO be worth the paper on
which II is written, and President
Peters says now that he erred In en-
pertaining any such amendment nt all.
The powers of the Judge OF the HuSt-
taGs Court in such cases are provided
by State law. AND the city can no more
limit tho Judge IN what allowances he
shall make thnn II could avoid the
payment of the costs OF conducting a
state election or avoid tho payment OF
Judgment obtained against the city
IN the State courts, or the payment of
expenses OF condemnation proceedings
on allowances nNed by the court This
situation was fully realized by all ms
soon as the Council adjourned Monday
night.
Mr.. roIlock's Opinion.
after reviewing the ordinance ana
:, the State and CITY statutes bearing
Son the case at length, Mr. Pollard saw.
in his opinion
by an examination OF section Of
the proposed ordinance In the light OF
these limitations. II is clean that there
is no direct or nctnaI appropriation al
: any money provided Tor therein. and
I. hence only majority vote is ncccS-
sary for its adoption. bur | presum.
that the contention that more than
majority is required arises from iii,
provision Of section 2 which rc,iuirrS
ape city clerk 10 notify tho Hastings
Court OF the city OF Richmond Of III,
adoption 81 the ordiuanc" changing
The wards and requesting said court
10 appoint commissioners whose duty
81 shall he TO revise the rct:istratiuf
hooks az the city 20 as to place. regis.
r tered voters in tlIc proper ward an,
precinct as provided nv arcti0n luI+-t
4. OF the Code Of Virginia. 1901. thqrcb,
&5 accomplishing the transfer Of rc.is
tered voters to their RESPECTIVE" pr..
cinct and ward without rGrceIstraiinl
Of the voters. But this provision a
tho proposed ordinance must he ron,
K in connection with the whole Of soc
s ton ioli-c az the Code Of Virginia
+ 1api. and also IN connection w!th th
) general law OF the STATE which pIuc.
:ip"n the several municipalities Of III
rtate the ohlgatioE "a providr FOR an,
pay all expenses Of elections ncl