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this or not cuts no figure for with that section in the charter the city
has power to issue its notes for $5000.00 as therein provided but to
no further extent.

The limitations in these two sections cannot in the nature of
things apply to any other classes than those mentioned for in so far as
they relate to bonds the meaning must be clear and if it were intended
that the limitation as to the amount of notes to be issued was a limita-
tion on the power of the city to contract in writing or otherwise the
wording of the charter does not express the intention.

We cannot presume that the legislature intended to limit the
city in its power to such contracts as aggregated less than $5000.00
in the absence of the clearest expression. Were this not the case any
contract exceeding $5000.00 in amount would be void.

As illustrating this I would say that unless I am correct both
the Water extension contract and viaduct contracts would have been void
as each involved more than $5000.00.

To give sec. 46 such a construction would result in a manifest
absurdity. The said sections 45, 46 and 54 contain all the limitations
upon the power of the city to contract indebtedness.

From the foregoing observations it must be manifest.

1st. That the city can issue no negotiable bonds.

2nd. That the city can issue no promissory notes (non-negotiable notes
I regard as nothing but simple written contracts to pay, without any
special features).

3rd. That the city can contract no debt either by negotiable promissory
note or otherwise unless at the time of such contract the provisions of
Sections 48 and 54 are complied with (Sec. 48 refers to bonds and notes
and provides for levy of tax to pay just as Sec. 54 does for debts general-
ly).

The conclusion is therefore obvious that the city has power to con-
tract debts by simple non-negotiable contract (I have used the word simple
as indicating that I am not considering contracts containing special
features) to any extent that it desires limited only by an implied limita-
tion growing out of Sec. 54.