The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1859-09-03

Reed siss,Ars-A Fair Prspssisiss.
The following extract 10 from the Council
Bluffs Democratic Clarion Of May 18th,
1858:
The only law that equints at any connec.
ton of Township Trustees wi ht' erosd fund
il contained in paragraph ten Of - An Act
| Of the General Assembly Of Iowa." provi-
ding for the election Of Supervisors and
defining their duties, approved January Y,
1854. -
1t is there provided that "the township
I ustees after the payment Of the Super
visors, shall order the distribution Of the
road fund.- in the hands Of the Township
Clerk, AZ they may deem expedient for the
public interest, and the Township Clerk
shall pay the same out as ordered by the
Trustces."
We infer from this clause that the Town
ship Trustees have only one duty to perform
in relation to this matter, namely, to order
the distribution Of the " road funds " after
they have come into the hands of the Town
ship Clerk, and not before, and to make an
order On the Township record that the Clerk
pay over the money pursuant to such dstri-
button. We understand that heretofore it
has been the practice Of the trustees of this
and other tow ,hips, to let contracts for the
construction Of bridges and to issue what
they called - road ORDERS" signed by them,
On the Clerk Of the Township, to pay the
contractors the sums therein named cut Of
any road funds in their hands. The result
has been that they were obliged to pay twice
US much. or near y so, for the work. rs it
would have cost for cish, and that these 40
lul IS I'D f,p IN.
t. time, Dough, nv hy our County Treasurer-
turned over by them to the several Township
Clerks at their face, IN lieu of 80 much gold
AMI silver collected by them III the shape of
road tax. Our pc ition Is that the County
j Iis~ can on,y give an order on the C"un-
~ Treasurer to pay MONEY I" the several
Township Clerks--that out of tn" money the
Township Clerks FIRST pay the Snpe. visors
at the rate of one dollar day for The per
sonal labor hey may, by virtue Of their Of
+ ficr, have been obliged 30 perform, after de-
du>iIns the amount of their own assessed
road tax. That it is the duty Of the super
vIsors of the districts to keep the roads in
repair, Of which bridges form part, and
That for such purpose they are entitled to
have at their command the road moneys
paid over to the township clerks by the cuuu-
" treasurer on the order of the County
Judge, after being paid as above named for
their personal services. That the township
trustees are required to dispose Of the road
fund above referred to, by apportion,ng it
among tn" several districts in tn" township
and according to such apportlonment re-
corded on the township record The township
clerk pays over the road fund remaining in
his hands. to be expended by the supervisors
in The several districts. The township trus
tee. merely determine the am cunt, necrssa-
~ for Zach district Of tho money on hand
and order the TOWNSHIP p clerk to pay over to
the supervisors agreeably to their dstrbu-
ton. and the supervisors expend the money
on thr roads and bridges AMI account TO the
township trustees for the manner in which
they m IKE such expenditure. Under tho
erroneous policy and action Of our township
tru>teps in this respect. the county treasur.
ers have been able to deprive tho several
townships in this county Of the revenue for
road purposes. Let the law be enforced in
relation TO road matters according to its let
ter and spirit and VIZ venture to i-ser: that
instead IF utt.ring woe and wall in r.la-
ton to,he awful olditivu II bri igesn"ar oar
city, the pres, could announce the pleasing
fact that tn" proper supervisor, having re-
c"lvrd in money that portion Of the road
fund Of Kane township, due his district,
il about IL; once to maze the necessary re-
pairs.
Ofcourse What We have said in relation to
the duties Of township trustees, rafers to
lticntiOns in respect to the road mon. vs. col
L. nj III ,,t
charter gives the right to them to the city
authorities. IL We are wrong in what We
have said We are open to correction. but un-
til convinced to the contrary, We shall hold
tn III. opinions herein expressed, and advo-
cate that measures be taken to secure such
action on the part Of public officers rs is
consistent with law.
NJ man Of intelligence or common hon
estv, will Question tho oorrectness Of the
view. expressed ah-ve. The foliDwiny pro-
position we now make to WILLIAM d. Tua-
NEE, our present County TREASURY; will
he consent to an agreed case with the
County Judge, containing q statement, as
nearly Is possible, of all the Road Orders he
has, from timo to time, and while acting as
County Treasurer, bought at a discount, and
n4ed AZ their face, in payment Of the Road
money due to the several townships, instead
of the Gold and Silver he has collected on
rnaI tax; and, in the event Of our District
Court--to whom the same shall he submit
tod deciding against him, will he, agree 20
pay over to The proper Township Cle,ks the
diiti ence between the amount. he may have
pAIi for said Road Orders, and their face,
II which h. used them? At thr last term
o. our District Court, ,ex';i qre..
ton, relative to the Road Money col@cted
10 Kane Township, was put to rest by its
submission in this way to said court, and by
the same snna3r and amicab.e process, tho
legality pad Order sy''e" may be
hetcrmines