Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-11-21

pOrafton Attorney TOsten-He Says
the Register has no Power 20 Inter
fere.
The following important opinion has been
given by the Corporation Attorney upon the
question referred to:
O6ice Of the Attorney for III. Corpordii0a,l
Wdshtngtoa City, November 81. 1870. :
SIR l have considered the communica alton
OF the City Register OF the Eth instant, which
you referred 10 me for my opinion. That officer
states, in his letter, that q question has arisen
as to whether or not he shall countersign checks
payment for services rendered by persons who
were nominated to nil Corporation offices, and
who have been since rejected by the Board OF
Aldermen for such appointments. And he de-
sires To be advised by tins office as to his ''dBty
IN the premises T"
To enable Us to determine what are the duties
or the Register in the premises, il is nc cessary
to ascertain whether that officer is cloth ed by
law, with supervisory power over the acts OF
the officers of the corporation, who examined
ane passed the accounts, upon which these war
power, and is charged with such duty, he ought
10 examine the claims or accounts in payment
OF which the warrants were drawn, in order thai
no illegal claim or demand is paid by the corpo-
ration. If he is not clothed with authority to
revise the acts Of said officers, in this behalf his
duties are purely ministerial in regard to such
warrants or checks. In other words, he is
merely to record the acts of the officials named,
and is possessed Of no discretion to allow or dis
allow the payment Of any account.
Inc act OF Congress approved July Z, 1870,
provides for the appointment Of an Auditor and
Comptroller for the Corporation. This az,
makes 1t the duty Of the Auditor 81 to audit all
accounts against the said Corporation; to certify
the same, when found correct, to the Comp
every account against the Corporation of wash
ington, Then audited and cert fed BY the AUDITOR
shdH De pad by pcdrrant or the Comptroller,
etantersiened by the Meyer; and in no case shall
PcyMents oe made IN any other manner than pro
The city ordinance Of the Sd Of August. 1870.
which follows very closely the terms OF the
and every account against the CORPORATION OF
Washington, when audited and certified to be
correct, by the Auditor, shall be paid by the
wa n Of the Comptroller, countersigned BY
strong and explicit terms, the settlement OF
claims against the city in any other manner
than as therein provided. And in cases where
it is made his duty to refer it, for ADJUSTMENT to
the Mayor ard Councils.
Prior to the passage Of these two laws under
which the accounts Of the city are now adjusted
and paid, these duties devolved upon the CITY
Register. By the terms OF the ordinance OF
80 June, 1853, the Register was charged with
the duty Of examining, auditing and adjusting
OF the Corporation could be drawn only on
warrants signed by the Mayor and counter
signed BY the Register.
fore possessed entire jurisdiction over the sub
ject-matter now under discussion. But the two
acts before mentioned have transferred the
duty Of adjusting accounts, az well as the power
to draw warrants, to other officers.
The ordinance OF Sd August, 1870, concludes
with q repeating clause in these words :-"All
acts or parts OF acts Of this corporation inoon-
sistent with the provisions Of this act be, and
the same are hereby, repealed" think the
provisions of the ordinance Of June 3, 1855
which | have mentioned, are plainly incons.st-
and t<,f hat
dinanee Of Sd Auguet. 1870, and are therefore
10 hold, therefore, that the Register has any
itor or Comptroller in the allowance and pay
ment OF claimsor accounts, would be to subvert
the plain provisions Of both the act OF Congress.
power to interfere and prevent the paymen,
Of claim or account, which has been certIfied
by the Auditor to be correct, he may interfere
been rejected by that officer shall be paid In
the light OF these enactments, 1t seems TO me to
be very clear proposition Of law, that the de-
account is final, 30 tar as the Register is CON
cerned.
If the Auditor certi6es the account or claim
to be correct, the terms Of both laws are imper
alive that it must be paid in the manner directed
prouided, there is a sufficient sum standing T.
the credit Of the fund to which it belongs. ],
ne does not approve the account, the ordinance
Of August 3, 1870, requires him TO refer it, FOR
adjustment, to the Mayor and Councils. The
Register has no supervising power in either
event.
L cannot conceive of any case where the
Register has authority to 60 behind the warrant
Of the Comptroller and examine the account
upon which such warrant was issued, to
determine whether or not such amount
was properly allowed The duty which amer
tains to the Register, touching the payment OF
the class OF accounts mentioned as we'll rs al,
others, Is to examine the warrant, and If found
to be correct upon its face to register the same
according to the course Of business prescribed
for his Office and then to countersign il to indi-
cate that his duty in this regard has been per
formed. And consider this duty of the Regis
ter purely ministerial. and that he is wholly
without discretion in the matter. The accounts
for service and labor, referred to in said com
munication, having been passed upon and GER
tined BY tho Auditor to be correct and war
rants, In the usual form, having been issued In
payment thereof by the Comptroller, 1 am
clearly of the opinion that the duty of the Re
glfer in the premises Is to make an entry of
them in the books Of his etfies and then Ia
them that ayment thereof NAV be
made. Very respectfully,
ENoCH TorTKN,
Corporation Attorney,
Hon. Matthew G.. Emery, Mayor Of Washington.