The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1919-11-26
AUDITORIUM
BONDS VALID
Attorneys for Purchasers Are
Satisfied Law Was Com
piled With.

Caldwell & Masslich, bond attor-
neys for Durfee, Niles & Co., of To-
ledo. purchasers of $110,0O0 worth OF
the city's memorial auditorium bonds,
expressed themselves Wednesday in a
letter received by City Attorney Car
den as being well pleased with the
validity of the bond election held on
March II. 1919. and all further con-
troversy over the matter is now
ended.
The point over which the bond
attorneys claimed some doubt existed
as to the validity of the election
was that two notices of the bond elec-
tion were not printed in any one
paper, and stated that, in their opin-
ion, the bonds were not legally sold
within the purview of Section 1178 of
Shannons code of 1917.
The bond attorneys now hold that
publication of the notice of the elec-
tion commission relative to the sup
Elemental registration, appearing in
The News and the Times on Feb. H.
while 1t is only a notice CT registra-
ton, satisfies the requirements of the
law, since later notice was given in
both newspapers of the date of elec-
tion, thereby giving in reality two
| notices in each paper.
Letter Received.
The letter in full from Caldwell &
| Masslich to City Attorney Garden is
as follows;
| I'VE are in receipt of a letter from
| Mr. John G.. Hibbetts, secretary to the
mayor. in which he encloses an opinion
| addressed to you under date of Nov. 2l
| to Hon. Alexander w. Chambliss
mayor, and also an affidavit of publica-
ton of notice in the Times and News
on Feb. IA. and another affidavit Of
| publication of the election notice in the
News on March /. We had previously
received an affidavit of publication O
| the election notice in the Times or
March /. In response to the inquiry
| contained In our letter of Nov. IL, 1919
We are informed that the latter notice
4 was published only once In the Time!
and also in the News. On examining
the notice published on Feb. IA we ar,
| of the opinion that 1t contains in sub
stance all that is required of an cleo
ton notice under the special enabling
act authorizing these bonds. Section
| OF this act does not undertake to pre-
scribe the form or substance of tn,
election notice. 1t provides that tn,
bonds shall not be issued until after al
election Is held and that a "majorit.
of the qualified voters voting at sait
election by their ballot vote in favo
of the issuance of said bonds. 1t i'm
poses upon the commissioners of cleo
tion the duty of calling the election
| within thirty days of the final passag
of the act. Any notice accordingl,
signed by these commissioners Of elec
ton, Which apprises the voters of tn
time and purpose of the election, salts
fies the requirement of the act in thi
particular. The notice published Of
Feb IA in the Times and News, Will
it relates primarily to a supplements
registration of the voters. distinctly ap
prises the voters that on March II
1919. an election will be held.
For the purpose of determinin
whether or not the city of Chattanoog
shall issue serial bonds in amount no
exceeding 100000 for the purpose G
erecting az community auditorium as
memorial of the services of Chatta
nooga and Hamilton county men VIII
served in the European war, in ac
cordance with the provisions of Senat
Bill No. 24S, Acts 1919"
While the notice published in tn
Times and News on March l was in
somewhat different form and containe
also the names of the election official
in each precinct, we do not think thi
, variance in form is sufficient to de
, prive the notice of the character of
second publication within the purvie'
of Section 117S of Shannon's code
1917. We are accordingly of the opir
ion that there has been substanti;
, compliance with the statutory require
, ment as to the calling of the election
The election notice called forth sui
/ stantial vote and there was a decisiI
t majority in favor of the proposition
, 1852 votes for to 1886 against Undo
this state Of facts we do not feel tn,
the validity of the election can be SUI
, cessfully challenged"