The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1875-04-16
COUNCIL pRooEEp1NGs.

COUNCIL CHAMBER, April 8, 1875.
Pursuant to call the following per-
sons met:
Mayor Graham, Messrs. Eskridge,
Met Garter, Morrison, Epstein, and Wat
son.
The Mayor then read the following
report, which was received and filed /:
EMPoRIA, Kansas, April s, 1875.
To the City Council:
Gentlemen: In compliance with your
resolution OF April 5, instructing me
to confer with the City Attorney and
report the most practicable method OF
securing the return to the city of ST.
S76.76 reported by the committee of
citizens to nave been over-paid by the
city council in 1872, to the contractors
who did the matchmaking, and curb
ing and guttering OH Commercial ST.,
have the honor TO report the follow
ing as the City Attorneys opinion:
lst. That TO make an over-payneat
from the city treasury criminal of
tense on the part of city officers, is Is
necessary to prove that they were
aware OF such over-payment and did it
with intent To defraud the treasury.
In the case under consider alton, the
city attorney thinks that it will be
very difficult, and probably impossible
to establish any such knowledge or in
tention on the part of the city officers
who are said to have made Ii.
I'd. That suit may be brought and
Judgment obtained against parties who
receive an over-payment from the
city treasury, and that he believes in
this case that judgment may be obtain
Qfi AGAINST said
that it is very doubtful If said parties
are pecuniarily responsible for the col
lection of judgment.
1t seems to me that the misappropri-
alton of money from the pu Bile treas
ury is so plainly against public policy
and morality that it cannot in any
case whatever be permitted without
thorough investigation and adequate
rebuke. Even if none of the saio ST.
S16.76 can be recovered, the way to
prevent such transactions hereafter is
TO fastcn the responsibility of this der
ELECTION upon tie parties who are TO
blame. AS to who thsse parties are,
besides the contractor who seem to
have received the money, / cannot say,
further than that / believe the then
Mayor (Wm. Jay,) president of the
council CDR. Hibben,) and city clerk
IA. w. McCune,) are entirely inno-
cent and were not aware of any such
misrepresentation. If any members of
the council at that time were aware of
the said incorporation a civil suit
against the contractors would proba-
bly, develop the facts.
In conclusion, and with no desire
whatever to cause annoyance to any
parties, nevertheless feel compelled
by sense OF official duty to recon-
mend that your honorable body in
strGct the city attorney to institute
suits against the contractors who did
said macadamizing, and curling and
guttering of Commercial street to re-
cover the sums reported by the COM
mittee of citizens at your meeting of
April 9Th, to have beea over-paid to
said contractors.
All of which is respectfully submit
ted. j. R. GRAHAM,
Mayor.
Mr.. Eskridge introduced the follow
ing:
WHEREAS, The committee, E. II.
FoFde, p. B. Plumb, d. S. Gilmore, ap-
pointed 70 investigate the alleged ex-
cessiTe allowance and over-issue of
bonds 70 the contractors for eurbing
and gathering, matchmaking and |
building sidewalks in the year 1871, !
have reported on two of these accounts
an allowance of $1,S76.76 more than |
they were entitled to receive under |
their contract; and