The Morning herald., 1878-12-30
THE CASE sTATBD.
xRnAsuRsR AND couHcIL.


xRnAsURER AND COUNCIL.
There has been good desl!of loose stats'
ment, relative to the dispute between the
Council and City Treasurer which has help
eli to inuddla the case. A critical exami-
n. tion ana fair presentation Of the duties
st upon the the Treasurer, by law and and
finance, may, help, to yallay the feeling
u ,sn both, sides, and bring about an &C,
CO nmodatien. The, City Treasurers is an
O. ice created by the Sta:e and elected ey
t people. The Law creating the ofHce Is
enti as to the duties of the incumbent,
ace 1t is to be inferred that Che munich
L Council, that is charged with the gov
e. iment Of the entire city, Is empowered to
,scribe and regulate the functions OF
tasiTreasurer by ordinance. The duty OF
.t'oficer In such case, Is exact obedience.
TIE ordinance of Council puts upon the
CITY Treasurer the following work and no
more. 81 ,t 3at
n,ae shall re eceiye weekly from tax collee>
tos the monies collected, and deposit the
sane and wear or affirm to the correct
"a Of these returns. He shall receive and
receipt for such sums Of money. as may be
turned ever to him from the City Auditor:
---llso the like duty as to nnes and forfeit
ucss, and purvey accounts he is also
s,'cialy charged with the receipt and
. ymept OF the annual school tax. The
foregoing are his duties as receiving Oh
fepr.. FE...... s- ..a.f- Ga.
He is charged With reporting to Council
every week the condition of the Treasury,
and "apy other Information" asto the finan-
al eord!tion Of the city. All checks shall
b. couutersigned by him, and his Office
must be open frem Q A. M. to 5 ?. M. FIVE
days in the week; on Saturdays until p.
N. His official advice or presence does
not seem to be further required than here
Sc forth. % rsr ....gr...r s.
, He is required to pay the laborers
employed by the city, between the hours OF
4tnisP. NJ. every Saturday; and to counter
sign all checks drawn by proper authority
fogs work or labor done for the city. 10,
He must prevent any overdraft upon an
appropriation under certain penalties:-
and set apart portion of each loan to Q
sinking fund! .'' +. .,..', ' NJ H.,
The special duties laid upon him by law
as to the sale of loan &c., do not conn
within the general purview of his function
and is not now an issue in his dispute will
Council-hence we do not refer to them.
II will be seen thai custom, and persona
c'.nvenieHce, more certain to produce bette
mode of doing business than ordinance, ,hav
injected into the Treasurers ofice-a grea
deal of work, not objected to be done ther
by Council Much, that by ordinance
cast upon the City Auditor, has been don
by the City Treasurer, and in conpensa
tory spirit a clerk was added to the Treas
drars office to perform these unordinance
duties, assumed by the Treasurer voluntar
Ny, for the convenience Of Council, on
citizens. The Council has withdrawn th
clerical aid, and the Treasurer with
mile, and bow, that Turveydrop migl
envy. Says gentlemen take your extra wor
10 the department it belongs, asyeu hay
taken away my clerk. 1t by Z
means follows that Council is powerless,
can enlarge the functions of the Treasurer
office, and cast new duties upoa him; b
It. must be done by an ordinance
Council.
The Council is the parliament Of tt
A., ty within its chartered powers, and
competant to define the duties of any of
al; unless they are defined and set for
" an act of the Legislature. 1t cannot
,rgued that the Treasurer 10 plenary,
say what he shall, or shall not do; eusto
md municipal law gives that power to CT
Council; but as We before said; 1t must
lone legally-that is by ordinances.
Thus far 1t appears, that there is no fa
to support the charge Of either neglect,
ncompstency upon the Treasurer. He b
aithfully discharged the duties cast up
him by law, and has refused to perfo
shese assumed by him, for public eonv'
4 fence, when Council withdrew the b
', given to him to perform the voluntal
Il. work. We think little quiet reasonil
% would smooth down the runaed dignity o.
tae parties. We are Of opinion that
Council deem it were for the conveniel
of the public, to Use the Treasurers office
heretofore, in such case
"a Council has the rightto appoint the Gle
b cause they h. We power to make II nee
tul regulations in and about the office
Treasurer; but fair play common just
demand that any clerk placed In the Tre'
mars Office should give bonds either to