Article clipped from Anaconda Standard

Hearst Free Library Up for Consideration but Postponedfor One Week—Struggle to Get Out of Committeethe Whole-Appointment of Judgesfor the Coming City Election,•ere was a busy and interesting mooting of the council last night. There was some hope that the council would moot and adjourn until to-night in order to permit ail hands to go to the Margaret theater to see Bandmann. but the majority seemed to think that there was too much important business on hand. One of the questions that caused the most discussion was the Hearst free library ordinance. At the last meeting id’ th° city council Alderman Carriher presented an ordinance providing for t ic acceptance and future governmentof the Hearst freebeen presented toPhoebe A. Hearst.Mayor Frinke became convinced that the ordinance was not just the thing, and in his discussion of the matter fromthe floor said that he had gone to considerable trouble to find out something about libraries. He said that thefarther the government of the library was kept from city hall politics the better it would be for the library. The mayor plainly stated that if he should have the appointment of trustees for 1 he library, they would be competent men. who would not Vie swayed byevery political breeze. I will appointsuch men as this council will not turn down.” said the mayor.The mayor said that he had been instrumental in having another ordinance drawn and he was glad that it had met favor with the judiciary oommitttee of the council, which had recommended its passage as a substitute for the ordinance presented at the last meetingof the council.library, which hasthe city by Mrs.The Two Ordinances.The eounei! went into committee of the whole for the purpose of considering the two ordinances, and for some time the question before the house was how to get out of committee and back In regular session. Colonel O’Leary explained the difference between the ordinances and advocated the passage of the substitute. City Attorney Sawyer thought the first ordinance was all right and said that it was legally perfect.The first ordinance provides for the appointment of three library trustees, who must be members of the city council, and the council has absolute control of all library affairs. It does not provide for the perpetuation of the name in the manner that it should in the opinion of the mayor.The amended ordinance in its first section, under the authority of section 5.039 of the political code, accepts the gift of Mrs. Hearst. subject to the .approval of the qualified voters of the city, to be expressed at the regular cityelection.Section 2 vests the management of the library in a board of five directors, to he named by the mayor and continued by the council. The members of th« first board are to be named terms of one, two, three, four and five years, and thereafter one member of the board shall be appointed each year for a term of five years. TRe* mayor and the chairman of the Anaconda school board are to be ex-officio members of the hoard ofdirector*.theTheymake Theykeep a record: to employ a librarian and such other persons as are necessary; to receive books and periodicalsdonated to the library; to receive donations and bequests. They are given authority to purchase books; to make rules governing the use of books; to make an arrangement with the Anaconda school board for the use of the libarry as a school district library. The directors are to report annually to thecouncil.Sec. 4 fixes the annual library at one mill on the dollar.Sec. 5 provides for the payment hills. These are to be audited by directors and submitted to the council, which will pay them with warrants drawn on the library fund.The subsequent sections deal with the details of the financial affairs of the library and the drawing of warrants.O’ Lea rybet weenHe saidoriginal trarv toSec. 3 specifiesof the directors, to organize and own government.general duties are empoweredrufes for their are required totaxoftheIn Regular Scanlon.Following the reading and approval of the minutes. Alderman Carriher presented a report of the ways and means committee, recommending the passage of the appropriation ordinance for the year 1904. Before the committee report was acted upon, Alderman Carriher said that as there was business of importance before the council, he would like to know if Alderman Collins proposed to vote, as the vote of a man who!ThisI* a guarantee of the purity and richness of ourPetBrandwas not legally a member of the council would invalidate the action of the council. Mi. Collins declared that hewas still a resident of Anaconda, and proposed to remain a citizen as long as he remained in the state.Mayor Frinke said something about Mr. Collins being at least a property owner, and intimated that that was more than he could say of some of theother aldermen. %‘ I do not know of any aldermen w ho are net property owners, said Onrri-her.Different here; I can show you a few, replied the mayor.It is your duty to point ’em out,'* said the First ward alderman, and the little incident closed by proceeding to the consideration of the report of theways and means committee, which wasadopted.An effort was made to hold up the appropriation ordinance until the report of the Judiciary committee recommending an increase in the salary ofthe police magistrate. The effort was not successful, however, and the ordinance was finally passed. In the talk over the proposed increase of the salaryof the police magistrate it was understood that it was not the purpose of the committee that the increase should take place during the term of the present magistrate. The matter was finally settled by the rejection of that part of the report of the judiciary committee relating to salaries, and both ordinances were then placed on final passage and passed without opposition.The Hearst free library was then brought up by the report of the Judiciary committee to whom was referred the ordinance presented at the last meeting of the council. The committeereported that the ordinance was defective In several Important particulars.The report called attention to section 4,743 of the political code of the state relative to the appointment of trustees and stated that the ordinance was absolutely void in law. The report alsopointed out many other legal defects inthe ordinance and presented a substitute ordinance with the recommendation that it do pass.Alderman Schwend moved that the report of the committee he adopted.The alderman then proceeded at some length to show the defects claimed to exist in the original ordinance. He objected to leaving out tbe name of Mrs. Hearst; he strenuously objected to the plan of appointing trustees. He expressed himself as being In favor of putting the library management aboveand beyond politics.Alderman Macdonald seemed anxious to throw light on the subject and suggested that a general discussion be indulged and the matter properly and intelligently settled. Alderman Collins moved that the council go into committee of the whole and Alderman Carriher moved an adjournment until next Monday evening. Several roll calls resulted. but it was finally decided to go into committee of the whole.Alderman Lepke took the chair and by request of the council Col. T. O'Leary addressed the committee. Mr.fully explained the differencethe two proposed ordinances, there was no doubt about theproposed ordinance being con-the law of the state in several particulars. He also explained the difference between the two plans relative to keeping th** library out of politics.City Attorney Sawyer then took the floor in defense of the original ordinance. He asserted positively that the ordinance was strictly in accordance with the laws of the state. He said that he had gone to considerable personal expense to find out the best plan for accepting the library and that theordinance introduced at the last meeting is the result of his research and that it has the approval of the best lawyers In the state. Mr. Sawyer explained his contention at considerable length and said that it was impossible to keep the library or anything else out of politics.Following Mr. Sawyer's address a feeble attempt was made to get out of committee of the whole. Alderman Lawlor wanted to let the whole matter go over until next Monday night, and made a motion to that effect. The motion was declared out of order.Mayor Frinke then took the floor and explained his views of the library question. The mayor said that he had tried his best to find out the best way to accept the Hearst free library and to that end had consulted with a number of gentlemen w'ho he thought knew more about such questions than he did. Referring to the appointment of trustees for the library, the mayor said: As long as I am mayor I will make the appointments, and should the selec* tion of library trustees come up to me I will make appointments as you (looking fiercely toward the aldermen who have always voted against the mayor’s appointees) do not dare to turn down.I will select men who are above political bickerings in such affairs and who understand something about libraries, and they will not all be socialists, either.*’There was then a vigorous attempt made to get back into regular session. Nearly every one of the aldermen took a whirl at it, but each motion made was declared out of order. Alderman Schwend pointed the right way by moving that the committee rise and report to the council, recommending the substitute ordinance.This was the first motion that pointed the way out of the wilderness, but it caused a worse tangle. Some of the aldermen refused to rise that way. although they were all perfectly willing to rise. About 30 minutes was consumed in abortive attempts. Schwend finally got tired of the fuss and moved that the committee rise. This settled the matter, and Mayor Frinke again took the chair.Chairman of the Committee Lepke reported, and Alderman Lawlor moved that all action on the library ordinance be deferred until next Monday evening, and after another long and tiresome argument the motion nrevailed.
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Anaconda Standard

Anaconda, Montana, US

Tue, Mar 08, 1904

Page 19

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