Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-24

BOARD or ALDERMEN.-This body con-
vened in regular session last evening, DIR. c.
A. BRoD1E being appointed President, pro


A. BRoD1E being appointed President, pro
ten.
The following members answered to their
names: Messrs Kinney, Sloan, Haynie, Chill
ton, Creighton, Brodie and Nclen.
The minutes Of the preceding meeting
we're read and approved
A number Of accounts were read, when a
question was raised as to the law requiring
all accounts to be acted upon by the Finance
Committee.
Recorder FOSTER, by permission, read the
following communication received by him
from the City Attorney:
NASHVILLE, October 10Th 1866.-R. c.
Foster, 3d. Recorder Of the City Of Nash
uilie.-DEAR SIR: In reply to the inter-
rogatories submitted verbally by you to me,
for an official opinion, / answer as follows:
The Board alone, with the approval of the
Mayor, have the rightto appropriate money,
and provide for the payment of the debts
and expenses of the city. (See subsection
3, Of section 9th Of the city charter.) The
Recorder, and no other, has the right to pay
out any money except in cases of which the
Board has ordered the same to be done by
ordinance or BILL In all cases which the
Recorder is called by the Mayor or the FL
nance COMMITTEES before the Board for a set
Element Of his accounts, he should be able
to produce ald show
lst. The law authorizing him to make the
expenditure.
%. The receipt Of the person to whom the
money was paid: falling TO show either, such
officer is responsible on his bond for having
wrongfully paid out the money Of the corpo-
ration
Certainly there can be no doubt in the
minds of any one upon either of the fore
going propositions; otherwise such a one
must hold that any officer has the right to
check on the treasury, which would be mon
strous.
The difficulties that beset you, are of the
following character: A bill is presented,
by citizen, approved by the chairman of
an appropriate committee; now can you safe
ly pay it On the following conditions you
can:
LIST. If the act authorizes the committee
to make the contract, and, also, authorizes
the Recorder to pay all such orders or
checks, as may be approved by such chair
man or committee; otherwise, not.
There is, and should be no general law,
authorizing the Treasurer or Recorder topay
all orders approved by the chairmen Of COM
mittees, or even theentire committee. Com
mittees are appointed to contract, and see
that the contract is performed, and the APP
proval of the chairman is merely evidence
that the work has been done; and upon such
approval, the Board should order the Re
eorder to give checks.
End proposition: You have no right to Is
sue tipping lcence, as the Legislature has
conferred this power upon the County Court
Clerk. While hesitated in this opinion,
and find it to be a matter of difference of
opinion with my brothers of the profession,
have concluded to recommend that the
Legislature should be applied 70; and would,
doubtless, if applied to, repeal the law, and
vest the power of issuing licences with
those who have the discretion to withhold
them. l am, Respectfully,
EDWARD II. EAST,
Attorney.
A number Of accounts were read, amount
ing in the aggregate to Sc, 200, that had been
approved by the Mayor.
Notice was given that bill giving the
City Council the right to act in such cases,
would be presented at the next meeting of
the Board.
The bonds of the newly elected city Off
GERS were read and approved.
On motion, the Board adjourned to meet
on next Thursday evening, at o'clock.
BEFORE ESQUIRE WILKTNsON.-GEoRGE
POWELL, colored, was arrested and tried yes
terday, under the small offence law, for
fighting, and fined $50 and costs. POWELL
lives on the Whites Creek Pike, about five
miles from the city. He got into a fight
with another negro named ADAM GUY. In
attempting to cut GUY with razor, he in
Hicted severe wound on HENRY STEVENS,
who was standing near by, but who was not
involved in the difficulty. Not having the
requisite needful on hand, he was sent to
Jail