The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-09
The Mayors UnfamIIiarity with the
City Charter.

City Charter.
1t is evident that our handsome Mayor has
not expended much time on the study of the
city charter and the laws relating to the
municipal government. In his recent Mes
sage to the Common Council he naively re-
marks, There is a general Misrepresentation
with regard to the sinking fund.-" and pro-
ceeds to illustrate the truth of the assertion
by showing that he is ignorant of the exist
ence of two such funds-one for the redemp-
ton of the city debt and the other for pay
ment of interest on the city debt-and of the
application of the laws relating thereto.
This is not, however, the only instance in
which the Mayors unfamiliarity with the
laws is manifested in his Message. In com
menting upon the reforms necessary with
regard to the obligations which may be
incurred, payable from the proceeds of taxa
tion"-that is to say, the obligations that
may be incurred against the amounts appro-
priated annually for the expense of carrying
on the government-the Mayor tells us that
the courts have given judgment against the
city. although it has been shown that no
moneys remain to the credit of the
account against which the claim is made.
The decision of the courts has been
that where a sufficient amount to satisfy
the claim can be shown to have stood to the
credit of the account at the time the liza
bility originated out of which the claim
arises the plaintiff has right to recover,
even though there were prior claims then
existing sufficient to exhaust the entire APP
preparation. The Mayor says:-"The reason
for the decision seems to be that, as the law
now stands, persons dealing with the city
cannot be charged with knowledge of the
claims of others upon unexpended balances
in the treasury" The Mayor then makes
some profound suggestions designed to
remedy this evil. He proposes that 'an
amendment of the statute be made, requir-
ing that schedule, open to public inspec-
ton, be kept in each department, and, per-
haps, published in the city Record, not only
of the amounts appropriated to each account.
but also of the outstanding contracts and Of
the liabilities incurred payable from each,
and that every one proposing to deal with
the department must take notice of the fact
that as there are no means provided with
which to make payments under contract
with him, the contract itself, even if made
by the department. would be unauthorized
and could not be enforced against the city"
These suggestions are no doubt full of
wisdom. They display the workings of
young and vigorous legal mind But as the
law already provides in q much more eff
cient manner against the making Of con-
tracts in excess of the amount of any appro-
priation payable from the proceeds of tax
ation," they are unnecessary. If the Mayor
will turn to article s, section 20, of the city
charter, he will find these words:-"No
contract hereafter made, the expense of the
execution of which is not by law or ordi-
nance in whole or in part to be paid by
assessments upon the property benefted"-
/ E., the expense of the execution of which is
to be paid wholly from the proceeds of tax
ation-"shall be binding or Of any force or
effect unless the Comptroller shall indorse
thereon his certificate that there remains I'M
expended and unapplied, as herein provided,
balance of the appropriation applicable
thereto sufficient to pay the estimated ex-
pense of executing such contract as certified
by the officer making the same" We give
this information to the Mayor with pleasure,
and without making any charge against the
contingent fund of the youthful and brilliant
Corporation Counsel.