The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1913-02-15
ATTORNEY C.. M.PARR
GIVES VIEWS
EXPRESSES HIS IDEA OF THE
COUNCIL ACTION AS TO I'M
PROVEMENT DISTRICT,

Hamilton. FEB. 14.-(Special.)-In
connection with the controversy over
the legality of the recent action of
the city council whereby special i'm
provement district Nc. 2 vas created,
:l.e following letter was given sester-
day to Mayor H. L.. Robinson by At
torney c. M. Parr, who has been re-
tanned by property owners within tho
district to pass on the work of the
council. The property owners retain
ing Attorney Parr are nxiou that
the Improvement work be done as
planned by the council and for that
reason have secured legal protection.
The letter explains certain phases of
the controversy as follows:
Mr.. Fl. l.. Robinson,
Hamilton, Mont.
Dear Sir-I have made a careful
examination of the records of the
council meetings in connection with
resolution NO. ia; ordinance No. 105,
special improvement district NO. ?, to
see what proceedings have been fol-
lowed and make this report:
"First-I find a pencil entry which
reads. Amendment to minutes of Aug.
Z. 1912, resolution No. =, being a reso-
Luton to create special improvement.
district No. 9, was introduced and
read ordered published in the Ravall;
Republican,
Second find a second peno'1 o.
try which reads: Hamilton, Mont,
Aug. %, 1912. A special meeting of
4la ~ ,o,-,;1 ,a11ol Cow tbi,
cate for the purpose of passing reso-
luton No. ia, creating special i'm
provement district No. 2. n to hear
protests against the same, but there
not being a quorum present, no action
was taken and the matter was post
roned to the regular meeting, Sept, 3,
1912
'Third-On Sept. 8, 1912, at the
regular meeting a committee WAS ap-
pointed to ascertain whether or not
there We're a sufficient lumber of OBJ
icctions to defeat the resolution, n
the meeting adjourned until Sept. s.,
1912, at which time the committee re-
ported there were not a sufficient
number Of DIRECTORS to defeat the
resolution, and the resolution was
thereupon adopted.
"Fourth-When you were present
in Mr.. Taylor's office | called your at
@tcntion to the fact that on the 21s'
day of August, 1912, resolution No.
ia, ound on page 301 of Book OF
ordinances, showed that the r9solu-
ton was adopted on that day, to-Wit'
The 21st day Of August, 1912, and APP
proved by the a on the same day.
] also called your attention to the
fact, tha there must have been n
meeting Of the council on that day,
and that at such meeting, or prior
thereto, it was discovered by tho
council that the resolution printed on
the 18th of August. 1912, n scttinF
the 21st day of August, 1912, the time
at which objections to the resolution
would be heard, contained a wrong
description, and that there must have
Deer a meeting on that day, at which
meeting the council again adopted the
resolution, and ordered it printed in
the Ravalli Republican, for We find in
the next issue of the Ravalli Repuh~
lican to-wit: the issue Of Aug. 23,
1912, the corrected resolution, and in
this corrected resolution the 2Sth day
of August, 1912, was fixed as the
time for hearing objections to the said
resolution.
1.-THE meeting of Aug. 81 is not re-
ported or entered in the minutes OF
the council.
This is the meeting from which
you derive your power to further act
in connection with the improvement
district. and in order to make valid
YOUR acts, the minutes Of the meeting
must be entered in the minute book
and in accordance with the above
facts. If the acts did not occur as
above set forth, then you never mad
jurisdiction since Aug. 81. 1912, to act