East Oregonian : E.O. (Pendleton, OR) 1888-current, 1917-01-25
Discovers Constitutional OBJ
StaCIeS to City Making
Library Contract With Any
Corporation.
"PEACE COMMISSION" NAMED
Latest Denoument IN Library situa-
ton Is Welcomed by Council Who
See Signs of a Clearing Up Of ths
Hard Fought Controversy.

see Stsns Of y Oledhu& Up VI Ane
Hard Fought Controversy.
An unexpected denOument to the
library situation which threatened to
develop special elections and iniunc.
ton suits, came last evening when
Judge Fee appeared before the coun-
Gil and recommended the repeal OF
the four ordinances recently passed
turning over the city library to the
Pendleton Public Library. Inc. His
recommendation was at once accepted
and the repeating ordinances passed.
However. Judge Fee made it plain
that he was not surrendering to the
requests Of the Commercial associa-
ton because of the showing made but
because he had discovered constitu-
tional obstacles to the city making
library contract with any corporation.
This obstacle he said, not only would
prevent the city from contracting
with the Pendleton Public Library,
Inc, but would prevent any contract
with the county or the Commercial
association for the maintenance and
operation Of the city library. In 9TH
er words he holds that the city has
no option but to conduct its own IL
brary.
Peace Commission Named.
Further evidence of clearing up
of the controversy came later in the
evening when Councilman Penland
reported that the special committees
from the council and Commercial as
sociation had met and had decided to
ask that a peace commission to be
omposed. of three members OF the
council. three members Of the Com
mercial association and three repre-
sentatives Of the county, none OF
whom to have any personal interest
in the controversy, be named to arbi-
trate and settle the differences.
Mayor Best empowered the same
committee to act for the council.
namely Councilmen Penland, Taylor
and Kirkpatrick The Commercial
association committee consists Of A.
H. COX, ] B. McCook and W. j.
Clarke. Neither the judge or commits
sioners will represent the county, 1t is
understood Mayor Best insisted that
whatever decision was reached should
be presented to competent attorneys
for approval
Legislature In Error.
After routine business had been
disposed of last evening, Judge Fee
threw surprise into the meeting
when he made his recommendation
and presented repeating ordinances
In presenting the original ordinances
recognizing the Pendleton Public Ii"
bra1y, Inc. he said he had acted up
on tra sumption that the act OF
tsa lcsisllture giving municipalities
the power to contract with corpora
ton .or ne maintenance OF a library
was valid. However, subsequent in
vestigation had proved to him. no
said that the legislature had been in
error inasmuch as the constitution OF
the state expressly forbids uch a con-
tract. He quoted Section 3, Article
II, as follows: mo county cit.
town or other municipal corporation.
by vote of citizens or otherwise. shall
become stockholder in any joint
stock company, corporation or asso-
olation whatever, or raise money for
or loan its credit to, or in aid Of. any
such corporation, company or assoc
ciaton."
His construction Of that section, he
said. was that the city could not con
tract with the Public Library. Inc,
the Commercial Association or Uma-
tilla county for the maintenance Of
Joint library He assumed full re-
sponsbhity. he said for the passage
Of the ordinance which he now asked
be repealed. The ordinances were re-
pealed at once.
The Pendleton Public Library, Inc
will cease to exist Judge Fee stating
that the charter would be surrender
ed This leaves the situation iust the
same as before the passage of the or
dlnauce. The city library is under
the supervision OF the city library
board ana the $500 which was 10 be
given 10 the corporation will be used
for the upport Of the city library
The council eemed nightly relley-
ed al the turn of affairs and Record
.er Fitz Gerald declared he always ex-
pected those library ordinances would
come to grief because the number oi
the last one ended in 49,