The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-07-28
O.K ON SLACK
ASSURES Sale
OF CITY BONDS
Million Dollars Worth of
improvements Now Can
Be Started.
LAST SNAG is REMOVED
Flood Controls, Hospital
Work, Street Widening
on Program.
LAST SNAG is REMOVED

Plans to proceed with more than
a million dollars worth of flood
prevention, street widening, sewer
and city hospital construction work
we're rushed by the city administra-
ton today, with the cloud on city
bond issues lifted by the Supreme
Courts decision of Friday, holding
l.. Ert Slack legal mayor.
Major improvements have been
blocked by refusal of banks to buy
municipal bonds signed by Slack, on
advice that the claims of Joseph L.
Hogue and Ira M. Holmes to his Of
flee constituted cloud upon Slack'S
signature. The mayor must sign
all bond issues.
Supreme Court Friday denied the
appeal Of Hogue and definitely held
Slack to be legally in office. Holmes
appeal had been disposed of last
week.
o. K, Says Authority
Despite the announcement Of
Thomas A. Daley, one of Hogue's
attorneys, that petition for rehear-
ing of Hogue's case would be filed,
Charles RemSter, of the law firm Of
Smith, Remster, Hornbrook and
Smith, whose opinion is taken "as
law" by most local banks, announced
that he was satisfied the Friday de-
cision removed doubt as to the legal
ity Of Slack's signature on bonds.
- 0F III
firm that the indianapolis banks
have stayed out of the city bond
market since Slack took Office last
October.
II think the Supreme Court deci-
sion is sufficient to establish salts
factory title to the mayors office
I will approve bonds bearing Slack'S
signature, said Remster.
Plans for most of the Improve
ments have been ready for some
time. City Controller Sterling r.
Holt said h ewould proceed at once
with new efforts to sell the issues.
Issue to Be Sold
A sanitary bond issue Of $4,000
for improvements at the sewage and
garbage disposal plant will be sold
in the next few days. Sale was con-
tinued from last week. Bids will
be received Aug. on temporary
loan of 100000.
Other issues pending: $4,000
Shelby ST. paving project; $4,000
bridge at Eleventh and canal.
Several major projects, such as
the hospital building, have been
held up because the bond issues
have not been passed by council.
The city will proceed with the
projects and introduce bond ordi-
nances in council to cover costs,
Assistant City Attorney Smiley
Chambers is drawing an ordinance
for introduction Aug. 6 to authorize
$S25,Oo0 for White River flood pre-
vention work
Part of the issue will raise
$4,000 to widen and dredge the
channel between Morris and Ray
mond Sts., and the remainder is
for damages to property owners.
May Rescind Action
The board of works is expected
to rescind action of the National
Concrete Company contract on
Morris st. bridge because of ques-
toned legality. The $268,000 con-
tract has been referred to Corpora
ton Counsel John w. Hoffman for
opinion.
The contract was let on an alter
nate plan, providing for lengthening
the span at its present width. Origi-
nal plans designed by the city en-
gineering department specified a
new bridge of greater width.
Daily announced Hogue would pc
tition for rehearing despite Hogue's
announcement of Friday "this settles
it, so far as / am concerned"
Rehearing will not be petitioned
until after the dissenting opinion of
Justice Julius G. Travers and the
concurring opinion of Justice David
A. Myers are handed down, Daily
said. The Friday opinion was writ
ten by Justice Benjamin VIII
loughby.
Denies Hogue Claim
Judge Willoughby's decision de-
clared:
1.-THE only office to which Hogut
ever has had title is city controller
Therefore, there is no showing o!
intrusion or usurpation.
"Hogue can recover only upon thu
strength of his own title to the of.
flee and not upon any alleged weak
ness in Slack's title to said office
Hogue fails to show that he ha
any interest in the Office of mayo
here in controversy, or that SlacI
has intruded into or is claiming tn,
Office Of controller to which Hogu