Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-06-08
Veto OF tho Las, s,,inalinR ..E.,r..n
MAYORS OYrIcE, }
Virginia City, State Of Nevada, :
Inne z 196G

MAYORS OYrIcE,
Virginia City, State Of Nevada
June Z, 1856.
To the Members Of the Board Of aldermen
II am compelled, by q sense
OF my duty, under the plain provisions Of the
City Charter, and acting upon u publicly
ayowed determination to economist in the
administration Of city affairs, so far as posi-:
bic, to decline approving Bill No.. $40, dated
May Goth, 1866, made out in favor Of William
Campbell, City Attorney, for one hundred
and twenty-five dollars, in payment Of allie
unsolicited portion OF the delinquent tax list.
My first and principal objection to the bill
is, that it is for work which should have been
| performed, il at all, BY the City Clerk, under
! a resolution OF the Board Of Aldermen, in the
discharge Of his regularly prescribed official
duties, for which he is paid an annual sal sry,
fixed and limited by law.
A farther and valid objection could be
made TO the bill-if the above was not emit ely
suficient-on the ground that the work 'as
no, absolutely required to be done. NJ IRE:
over, the charge Is exhorbitant, in view OF
the amount Of labor performed.
I beg leave 10 refer the Board to the 18th
Section OF the City Charter, which is devoted
to the defining of the duties Of the City Clerk;
The last clause OF that section reads: And
10 do and perform such other duties as may
be required or directed by the Board OF AL
dermen. BY resolution or ordinance"
The 10th Section Of Ordinance No. ~,
reads: .
Section l6. As soon as the equalization is
completed, the City Clerk shall prepare a du'
plicate Assessment roll, etc.
II will be observed, that under the provi-
sions Of the Charter above referred to, II has
been made the express duty OF the City Clerk
to make out a duplicate assessment roll. No
Ordinance or Resolution" was passed an-
thorizing him to make out a copy OF the un-
collected Assessment roll; and hence no
debt was incurred, against the City, Tor sucn
service, even supposing that the law aia no.
declare, as it does, that the compensation
Of the City Clerk shall not exceed ht'een
hundred dollars per annum.
Il is true, this bill is made out IN the name
Of VIM. Campbell but it is well known 1na'
the work was performed by the CITY CIerk'
| the limit of whose compensation IS estao-
lished, and the published description OF whose
duties clearly includes such labor rs Is here
charged for. Indeed, it mightb argued. that
on a proper Interpretation Of Sections l6 and
10, Of Ordinance 20, the City Clerk is the
only person who could make out this copy,
il really required. l cannot refrain from re-
marking that the very fact that the bill is
rendered in the name Of another, when the
sum specified therein is to be paid to the
CITY Clerk, is evidence or intimation ola gen.
cral knowledge Of the improperly Of the
claim.
II the work had been performed and this
claim made therefor by a person who was not
u city officer, by a person other than the
City Clerk, objection would arise in this
question Can the business which properly
devolves upon the City Clerk be assigned to
other parties on the direction Of any member
of the Board Of Aldermen or other city OH.
GER? II so, then any one or the whole OF
the regularly prescribed duties Of the City
Clerk may 30 parcelled out to assistants or
subordinates, so-eallcd; and there would be
no determined boundary to the amount OF
appropriations that could be thus demanded.
In my judgment, as l have already stated,
work charged for in this account was not
necessarily performed. I speak from an cx;
animation OF the duplicate roll and the partial
copy made therefrom, when ! say that this
work was not absolutely required.
The charge is out Of all proportion to the
character and extent Of the work done-being
not less than three times the value OF such
service.
In my opinion, then, the charge is illegal;
the work should have been done, il required,
BY the City Clerk US a part Of his regular
service, and without extra fee or reward.
Very respectfully,