South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-05-25
TECHNICALLY To
CAUSE NE VI VOTE
ON $4,000 BILL
City Council Must Take Up Or
dinanCe Again Despite An
nOunCement of Its Passage
at Monday Nights Session.

After delving into the records Of
the city council for years back. and
seeking the advice Of members OF the
council for several administrations
prior 20 that of the present body, City
Clerk Harvey r. ROstiser and Pres't
Miller Of the council raised the ques-
ton Tuesday morning as 10 whether
or not the $4,000 appropriation ord
nance announced as passed by the
council Monday night had been legal
- adopted.
The ordinance was voted upon under
a suspension Of the regular rule Of
the council. which states that no ord
nance shall be voted upon at its first
reading 20 the council. Councilman
SeifeTt voted for the suspension OF the
rule. making the vote on that question
unanimous. but stated that his ward
did not favor the appropriation and
that ne therefore would not favor the
ordinance.
Notwithstanding Seiferts stand. the
ordinance was voted upon. and nine
votes favored III, Seifert alone an
nouncing himself against it's passage.
Pres't Miller CITY Clerk Eostiser
and others declared that the ordinance
had not been legally adopted since the
statutes clearly set forth that an ord
nance up for first reading should not
be legally adopted unless it had re
ceived the unanimous vote of the
council, after the unanimous consent
OF the council for suspension OF
rule was obtained.
The upshot Of the whole matter was
that il was decided TO have the ord
nance up for readopuon at the next
meeting of the council. City Atty.
Seebirt declaring that the settlement
of the matter would be made at that
time.
May Change Ordinance.
The city attorney announced also
that il the ordinance were redraWn,
IL would appropriate the fund to the
finance department instead of 10 the
board OF works. which body OBJECTS
10 the responsibility of the apprOprla-
ton. II il is decided to change the
location Of the fund, reconsidera-
ton Will be compulsory. IT was gen
orally stated that there was no DOUBT
but that the ordinance would be
adopted
city Clerk Rostiser presented the
city attorney and members OF the
council Tuesday morning with SIT
uation the exact counterpart of the
one which arose Monday night. This
was an ordinance voted upon IN
August, 1912. under circumstances
similar TO those under which the
appropriation ordinance was handled
At that time Councilman NJ. a.
Buechner and A. II. Rice favored a
suspension Of rule but voted against
the ordinance The final vote was
seven 20 two, but the ordinance was
announced not adopted.
City Controller Manning stated tnat
as there was some doubt as TO the
ordinance. passage. he would not per-
nit drawings upon the fund until the
question was settled.
The council passed also Monday
night an ordinance providing Tor an
appropriation OF $1,000 for first pay
rnent upOn a 2O-acre tract of land at
present the property of the Woods
Turner estate. This land is west of
the Singer plant along Division St,
and will be used for play field and,
possibly, school purposes. The price
asked is $13,5OO.
Il attended a meeting at one or the
fourth ward schools" stated SeitCrt'
and Il was suggested TO me that as
the representative Of that ward
should not vote for the ordinance.
However. I will vote for the suspen-
sion of rules so that the majority may
pass the ordinance
Brings Up Question.
That caused the question 10 arise as
10 whether the ordinance could be
passed under such circumstances.
Prest Miller declared that both the
the passage of the ordinance should be
unanimous before the ordinance could
be adopted. City Atty. SeebirJ contra
dicted Miller by declaring that the
majority. since the suspension of rule
made the ordinance up for third read
ing. might pass upon the proposal.
Miller was reluctant TO announce the
ordinance adopted after the vote, de-
claring that he was as yet uncon-
WINGED.
Councilman SmOgor introduced the
ordinance appropriating 81. goo from
u nHnnnEN ont
upon the 20 acres OF the Wood-Turner
estate west OF the city. He stated
that the objection from the fourth
ward that the oliver playground pro-
ieCt was not a permanent investment
would not apply in this case and asked
for an unanimous vote for the larger
field This was obtained under sus-
pension OF the rules
Among the citizens from the sixth
ward and The west side who spoke in
favor Of the oliver Fairgrounds ordi-
nance we're, NJ :. Gorski. former
councilman from the second ward;
JoseTh NypisZiuski. George kalCzyn-
ski. editor of the Goniec Polski, and
others.
Mrs Alma o. Ware. playground ex-
pert. also spoke heartily in favor of
the ordinance as did L. NJ Hammer
schmidt. chairman OF the recreation
committee.
Want Sight OF Liberty Bell.
NJ A. Buechner OF the first ward
Introduced a petition 10 be delivered
10 tire city council and mayor OF
Philadelphia. asking that the Liberty
Bell, on its way 10 the Panama Pa
cifc exposition ut san Francisco be
transported across country along the
Lincoln highway. and in an autOmO-
bile The reason for this request
stated the petition, was because the
u n.H f.a 49,. "a
o. train. would be unable TO view it,
The petition was adopted and Will be
sent 20 Philadelphia.