Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-09-23
new BOARD TO
ORGANIZE, SAY
TWOOFFICIALS
Galbraith Expire sses
Belief Action Of
Commission Legal;
Others Disagree

The chamber OF commerce board
OF directors will be reorganized
Tuesday night TO include the new
members appointed by the city COM
miSso;n at a meeting Friday after
noon, so far as we know and II they
want to attack legality Of the action
let them take 1t TO court"
That was the statement Of Com
missioner j. @. Starck Monday after
noon following receipt of telegram
earlier in the day from Mayor A. b.
Cole pointing out that the charter
requires three affirmative votes to
pass resolution. Commissioner
Starck said this position was con-
CURED in by Commissioner j. A.
Cobolini. who voted for the change
In the board Of directors Cole was
in New Orleans en- route to Cuba
for a three weeks vacation.
II. B. Galbraith, city attorney, ex-
pressed the opinion that the Friday
action Of the commission was en-
tirely legal and would be upheld In
the courts. Passing Of a resolution
or an ordinance is merely routine
business and the charter plainly
states that three members Of the
commission constitutes a quorum"
He said the same question has
been brought up before on matters
of importance and that action OF
three members Of the commission
always has been considered legal.
He said the language Of Art. ), Sec.
IA appeared to him to be ambiguous.
Other attorneys expressed the
opinion that the charter requires
three affirmative votes to pass a
resolution or ordinance and that any
action taken without three affirma-
tive votes Is illegal.
Members OF the board who the
action Of the commission Friday
afternoon sought to remove said
they would take no steps to pre-
vent the new board going into Of
flee.
AL the Friday afternoon meeting
Of the commission, where the new
board was named, only three men,
bers were present and one Of these
voted against naming the new
board.
The resolution was introduced by
Commissioner J. q. Starck and was
seconded by Commissioner j. A
Cobolini. Commissioner A. g.
Hipp, mayor pro tenn In the alb
sence of Mayor Cole. voted against
the resolution.
Cole Says illegal
Authority for Coles statement
that the action was Illegal Is con-
tanned in Art. 5. Sec. Il OF the
amended charter Of the city o.
brownsville. This section reads:
Legislative procedure: a major
ity OF all the members elected on
the commission shall constitute q
quorum TO do business. and the al.
firmative vote Of a majority OF all
five commissioners shall be neces-
Sarv ~ adopt any ordinance or res
nIufion- The vote upon the passage
~ ali ordinances and resolutions
sI,aII be taken by "Yea" and Nay
and entered upon the journal. Ev-
erv ordinance or resolution passed
~ the commission shall be signed
~ the rnavor and the person act
irr a. CITY clerk or secretary within
two days and by bin recorded.
Board Members
The new board had been named
"a take office at o meeting Tues
day night. - y,
Members OF the present board o.
directors which the resolution OF
the commission sought to oust were
u Al Rosenthal. A. Fl. Fernandez
Toe Celaya. w. B. Clint. r. B. Crea-
Ger u :. Ford. Frank Lopez, a. w,
Reed and r. 3. Rentfro.
Me Members OF the present board re-
tasned are Jesse bennett. A. D
Dickinson. Jr.. w. B. Sellers. Z. }
tucker. Milton West and H. J.
Yates. -
proposed new members are II. 2
Morris sam Perl. w. A. Rasco. A
A Ashheim. c. P. Barreda. Harry
Nunn. z. de Ia Cara. B. l.. kow-
alski and w. r. Kiekel.