2

Gentleman of the Council
In assuming the duties per-
taining to the office of Mayor I deem it my duty to
call your attention to certain matters which in my
opinion demand your immediate and careful
consideration
It is a well known fact that grave doubts
exist as to the legality of the bonds proposed to be issued
by virtue of the late Municipal election a made case
for the purpose of testing the validity of these bonds has been
submitted to the Superior Court and is now pending in
the Supreme Court three distinct propositions have
arisen in connection with the issue of these bonds
First-
Did the preposition submitted to the
people receive the necessary 3/5 vote?
Second-
The Constitution having provided
that an indebtedness to the extent of five per cent
of the taxable property of the city as shown by the
last assessment roll could, with the assent of three
fifths of the voters be contracted for water, lights and
sewer purposes, the constitution being mandatory does
it not follow that this power must be exercised
separately with reference to each questionof indebt-
edness (except what the entire indebtedness for all pur-
poses shall not exceed ten per cent of the taxable
property) and in such a manner as will result
in placing the money arising from the sale of these
bonds in the treasury of the city as a specila fund.
to be sacredly applied to the purpose for which
the same was voted.
Third-
The question is as submitted contained
two distinct propositions viz: water and sewerage,
and the voter was compelled to vote either for or
against both, no matter how great his aversion to
issuing bonds for sewerage purposes, he could not
express it without voting against the water proposition.
No matter how great might be his desire for water,
it could only be gratified by voting for the sewerage
proposition. In submitting propositions to the people
which require the expenditure of money for internal
improvements two propositions for distinct amounts
and for different objects ought not to be so blended
in one proposition that the water cannot express his
assent to one and his dissent from the other.
the propositions should be kept so separate and
distinct that the opinion of the voter may be freely