Show LOGAVS MISFORTUNE = BTpndiiHnj Unlinful I JrDliidl t t tlllltlo TbocltorblrarHcle in yesler diys Xtxh hfodeiUiMunlclp t In J btroa t hmte n li t ttlt1 tJ lult JlnclfU the dd detUntNfthh oC tile Ieg limit was passedToD The nngoT4he2dInit bytUulhe cy council awLJjLJiow a puLlle record N This ecttott waRSSronthe con djtlons set forth in the folVjwing T9 the Honorable the Mayor amtCUy I Jbuncii r Gt u F Ato rM6hJJc two VeeVrugo you dhlme the touor ft appointing mo city attorney for which pltazo recelvothanks It II wlthrcgret T make the announce men that for ft time at least I will be UnShIe to benSocUlwl with you In that capacity In an official way becmi 9f nelillbllity the law it SWtftfeft fhaffirf oHhalUd nil otlArpiBees ttth cHjf to > etKiual Ifled voter here However at the rwuest of the mayor and finance coinmlfleel have been engaged In looking l over and advising H Jth ret erence to some matters nflectlnjr the municipality and If such service meets with your approval I am UU fi 1l1f f Io e ay I We have Lien engaged among < br thlnRsi In ran InveMgatlon of tile dtys fiscal condition and the conclusions reached do not sevmto be gratifying in 11I1JHUIse I The amount fT IndtftMnea which UwoHy may Inrur ftliral llt t tJKiit Jujv IJ r cent of value of all the taxable property Within tho muntcipallixaudtheact peremptorIly forbids tHe < cTeatioa oC dry0ilaSultI1 w iJo nd thu > amount Uius ascertained declaring that any bonds or other obligations ih excess of Mich roW haJlbQ vnid aqd the I legislature it flrohlhiUxi from passing I any laws in conflict situ said act This is i the supreme law governing the case anything oorrwponding with or falling short drit4provifIons ouidUi legal but anything ld tolax orctMUng them would be a nullity at once The city charter makes n different provision that Js tljJJ hq ovtjKJra tion icay iprrov mojnei for cIty purposes tlifc lfiter ttttfwnlcn shall not exceed hl fourth of the city revenue arising from taxes of the previous year while a tubjniiient J ato1uqtcitorat eaauiBm I lUntutlbreiterates Ilia law df Congress Con-gress I Uo not regard the provision referred loin the charter as having I If1J iny validity whatever because while It might not transcend the superior law in Its operation It is so constructed as to admit OT evhslon and dunjiclly antI Ujthls take Itr pear hugely ahdeld Jot the ecl haling complications Xot the least mkclilctcusjs the ambIgulty con ferreil by some people upon the fronts revenue and bixes they claiming that all forms of obtaining tuoncy l from the peopleforj > ul > lk > l upo ° sjs taxation As n is i Judgment UuU that porUon of Hue barter should t < Ignored J do JlDtICarefrtD1 dbcum the j > ropo rt < m any further han to say tIn this Instance at least hats obvlouslyf does njt Include licenses or orfincsclthcr of which are In mot cnscs a fruitful 1 fruit-ful source of revenue Tnicchfes were included the council would be placed In mi anrtuaJous jKitk becai r lhe greatnr iiart of the rhv cnnttSnUid J > j jroesns of licences comes from occupations recognized as unwholesome stud which therefore there-fore you i rIOOi duly bou nilto confine to the narrowest possible limit that i while under a folcmn obligation to increase thin welfare of the city by means of Increased revenue rev-enue you would also at the game time have in view the curtailment of it And this very circumstance goes toihmr thifa bonded orylu 1 actS esny indebtedness could not with safety or certainty be bn cd upon such mends of income linretl ngshifting uocertaln awl indicating indicat-ing a more healthful condition of things when it docs not exist at all Certainly the lawmakers would reft no such proposition upon to unsettled and undc Irstlo a condition condi-tion It would then gentlemen appear I that5oli afo Dot only to tako no ftepVind engage In no legislatIon I looking to the payment etllenient l arrangement or dlspcsilfoii of any financial charges or claim against the corporation after the debt ill the acgrvgitc Including Interest has reached the legal limit but that all fucluchargcsoc cloloisshalliLg Ig uosdFObCs fr lee or Inactiw on this sutjcct would l > e cqimalenl to improper action as you ate charged with the task of remedying I existing wrongs and removing from tlie body politic everything Ihaf e en threatens It Looking to di end I respectfully recommend the adoption adop-tion of the accompanying resolution resolu-tion he t tlftnUhTttlhst ih hOI bondecrlfi atca5 bpsz or athe prune Jtttie t tiP I j the adopiloiiUrilietf33fofl6r > i3s iII i-II ul cct oflegl HliouJiy you IUd UuereGZ0J1iilR Jas of1lMQr the city I1t Icasf take such a rul Ject Into WaJlde3 < 0GiWhyenn n general way repudiation lea sarah tl Jm1 uiYi even ulsBenctVperTormaacr U cna not bo oont Id vroilco in this Instance IIOlfI Here lsFttidtIij ah hhin diatcjjccc jtyps topical wjthtbe matter in any MhoVirai or Wiot deal with it nil would be to macog nize oVKuWVba QiUl I demands you will officIally promulgate promul-gate qgojy snol 4 ot Tlie report of the auditor for the past fiscal year just published docs not seem to be satisfactory In all respect re-spect For example we find na o f T outstanding contract fur the inc chase of certaIn property tor SIOOOO lad of which appears to have been lelal oeOtItues ar1iJ ztat iso tees hi5tlIao 1 StiieTCl0tiltI hAshtaLe i tl1 lrqp ult er othe 4nlicn4okvly iiltou rh 4t4satpc ISo bJt tiJti iDr n woiiIa seem 10 lit proper that all these subjects receive ImmedIate Im-medIate attention In order that where money Is claimed the tortles may have the benefit of nn early J t ct notice that the city Is not ntponsi r ble and that all that Is recoverable my to mrcOVCrJ lhe patent fact that property has noLbeea aaocss dst aJalr valuation bilojj grcitly Jfenoath Vjittjtshould bVdDA not liuJll titS nmiter In the least f lUl ait wbat hquUbe but iwiit w tt pdvebii I Coucres has poVerTind wimtd tloubtlrts If applied to have the disposition to enlarge the ritys borrowinjrpower but it is questionable if it would consent U wraUOwUon of a cnn illtlouof things created in opposl tlontolts plain ana Utrect provisions provis-ions r 1 I The rule of law that no corponto body shill tr n cend its charter or the laws made by proper aulHtjrily regarding It ami the corelative fact that what js jrot granted is withf lt flesH atTKUwv11undrrstind ahd uni ere lly recognized that the mention men-tion of thsnalpnelsufttiJLnJl 1 Jiospcctfully submitted T > 1II b A KCTNER Attorney |