The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1915-07-30
BOND ISSUE IS
DEFECTIVE, new
ACT lSPLANNED
Mayor Rage to Ask Council
To Pass Ordinance Which
Is Legal.
DAUES TELLS MAYOR
TO CORRECT MEASURE
Amount Asked of Voters Must
Be Listed in Two
Propositions.

Mayor Rage informed The Tribune
yesterday that the special election,
called for the purpose of voting upon
the $4,000 bond issue, would be post
pOned because he had found the ordi-
nance defective.
"The ordinance under which the
election is to be held is invalid" said
the Mayor. Instead of setting out
two distinct propositions, one calling
( for $4,000 with which to buy the
Fairgrounds, and the other $4,000 to
be used for improving the parks, the
whole sum is Jumped together in the
ordinance.
at will be necessary to repeal the
present ordinance and present the
matter to the City Council again with
the request that a substitute be draft
ed, which will conform to the law"
Mayor Rage obtained an opinion
from Charles H. Daues, City Counselor
of St. Louis. He advised Mayor
Rage that the ordinance passed by the
City Council was defective.
The city's executive stated that he
would present the matter to the City
Council at the first meeting and re-
quest the lawmakers to pass a substi-
tute ordinance.
The opinions, which convince Mayor
Rage that the present bond issue is
illegal, follow:
ST. Louis, July 10, 1915.
F. A. Kage, Esq,
Cape Gi.srdeau, Mo.
My Dear Mr.. Rage:
l have examined both the ordinance
and the proposed proclamation pro-
viding for bord issues in the sum of
$40, 100000, $3O,OO00O to be used in the
purchase of land to be used as a pub
lie park and 100000 to be expended
in the improvement of property al
ready owned by the city of Cape Cir
ardeau.
For several reasons an issue of
bonds on this legislation and this proc
lamation would be invalid and the
bonds would certainly not be saleable.
In the first place, it is necessary that
you divide the proposition into Propo-
sition 1 and Proposition 2, so that a
voter may vote for one proposition and
against the other if he chooses. The
two propositions contained in one vote
would not permit voter to sanction
one and disapprove of the other, but
both would have to stand or fall to-
gether. This is contrary to law.
The ordinance, therefore, should
contain both propositions separately
and provide that the ballot contain the
proposition separately.
The second objection is that neither
the ordinance nor the proclamation call
for a ballot which would contain on its
face a succinct statement of the pur
poses of the bend issue.
1t is necessary to state on the bal
lot what is to be done with the pro-
ceeds of the bonds with as much par
ticularity as is contained in the style
or title of the ordinance.
The third objection is that the Sta
tute, in Section 9546, Vol. 3, 1909, pro-
vide3 that the ballot contain the words
"For Increase of Debt-Yes;" "For
Increase of Debt-No." This statute
is to be strictly construed and must be
complied with literally or the bond is
sue IS invalid.
The ordinance should also contain a
provision that if the sum voted should
prove more than sufficient for the pur-
poses stated in the ordinance, such ex-
cess should be placed to the credit of
the general sinking fund or the gener-
al revenue fund of the city.
The ordinance and the proclamation
should also provide that the voters at
said special election who assent to said
increase of indebtedness shall erase
from their ballot the word "No" after
Proposition 1 and again after Propo-
sition 2, and those voters who do not
favor the adoption of such increase
shall erase from their ballot the word
EYES," etc. Unless this is done, in our
opinion, the ordinance will not sup
port valid election and a valid issu-
ance of municipal bonds.
You ought to pass new ordinance
and you ought to observe with great
care each step taken, so that the jour
nal indicates properly what was done
in the passage of the ordinance so that
the bond purchasers from review of
the records may see the election was
entirely regular.
The ordinance ought to set the
election for day certain; not only the