Daily globe., 1882-04-07
No.. A

Council and the Board OF Commissioners art
each so clearly defined under the provisions ol
said act that 1t Is difficult to see how any
question or dispute can arise.
Section Is, OF said act, among other things
provides that: "The said board of Fire Com
missioners are hereby invested with all the
discretionary powers necessary to the faithful
execution of the act; including the proper Sc
lection and location of all needful buildingt
and offices and the complete equipment of the
several companies with horses, engines, We.
hicles and other apparatus, and by two-third
vote of all the members of said board shall
prescribe, control and regulate the expendi
ture of every kind Of the department, created
by this act +" Provided that in
case of any proposed expenditure. moi
including repairs and supplies for the ordinary
current use OF the department, the came shall
first be presented by said Board to the Com
mon Council for their approval OF the same.
II said Common Council shall by two-third
vote of all the members thereof approve OF the
same, 1t shall be lawful for said Board OF Fire
Commissioners to incur or contract such ex-
penditure, otherwise 1t shall not be lawful for
said Board SO to do"
1t is evident from the foregoing that in the
purchase of supplies for the ordinary current
use of the department, or in the making of all
the necessary repairs. the power OF
Commissioners, however, desire to make pur-
chases for the department other than supplies,
1t is their duty to first presents requisition to
the Common Council for their approval, and
II the Common Council, by a two-third vote
of all the members elect, approve of the re-
quest, the purchase can be made, otherwise
the Board have no authority, but the Common
Council have no authority to couple their ap-
proval with conditions which practically
to1- 10 &l,a f<>y nhaca
for instance, In specific case which has been
called to my attention.
When Committee OF the Common Coun-
ell reported In favor OF giving the Board the
authority TO purchase ten flre-alarm boxes,
attaching to the authority, however, condl-
tion that they must be of a certain patent.
The Council, in this case, had they adopted
the report, would have exceeded their author
ity, their duty was to approve or disapprove
OF the application-that of the Board-to
make the purchase and to buy such boxes as
In their Judgment are the best and cheapest.
The Common Council is the legislative
power of the municipality, II designates the
amount of revenue to be raised each year,
and the uses to which they-shall be
applied. II was for this reason that the law
creating the Board of Fire Commissioners re-
quires the approval of the Common Council
to purchase other than supplies, so that the
same shall not be in excess, in any one year, of
the funds provided and applicable thereto,
and not that fire alarm box should be Of
certain make or kind,or horse of a particular
color.
The trainers of the law very wisely con-
cluded that those specially charged with the
management OF the fire department would
have better knowledge of what was wanted
than the Common Council, hence the
law provided that the Board
should make the purchases
independent OF the eviews, or notions of the
Common Council.
am led to believe that the action Of the
Council in relation to purchases by the Board
was had without much thought and will be
promptly changed upon their attention being
called to the matter by the Board.
In regard to the purchase OF fire alarm
box, for thesnew engineshouse upon st. Anth.
ony hill, 1t being necessary to the proper fur
nishing of the house; W hich has been ordered
the board have authority 70 make the pur-
chase without application to the Council.
Respectfully, W.P. MURRAY.
April 8, 1882. City Attorney.
Accepted.
In connection with the foregoing a
resolution was offered instructing the
Fire Commissioners to purchase ten fire
alarm boxes.
Laid over until-next regular meeting
of Council.
REPORTS OF STANDING COMMITTEES.
Of Committee on Streets, Sewers and
Bridges
To the Honorable, the President and Common
Council.
GENTLEMEN: The Committee on Streets,
Sewers and Bridges, to whom was referred the
hereinafter named reports, resolutions, COM
and profles, respectfully report
on each as follows:
Pirst-As to the report of the Boa, of Pub
lie Works, which is favoroble for q change of
grade on jackson street, from south side OF
Pearl street TO north side of Fourteenth street.
As Jackson street is now under contract to be
graded and as the property owners do not
agree as TO what change is necessary, your
committee recommend that no uIther action
be had at this time.
Adopted.
Ga the petition Of n. H. Christophel and
ten others, asking for the grading of Fuller
street, your committee report favorable snd
recommend the passage of The annexed
preliminary order to the Board OF Public
Works.
Adopted. (See order to Board of Pub
lie Works.)
Third.-On the petition of Charles N.
Bell and Others, asking for the
grading of Ada street, from Isa-
bel street to Concord street, your commit
tee report favorable and recommend the pas
sage of the annexed preliminary order to the
Board of the Public Works,
Adopted. (See order 10 Board Of Pub
lie Works.)
Fourth-On the petition of NJ. Funk and
fourteen others, asking for the grading OF
street, from Superior street to Cas-
cade street, your committee report favorable
and recommend the passage Of The annexed
preliminary order to the Board of Public
Works,
Adopted. tSee order to Board Of Pub
lie Works.l
Flfth-Your committee to whom the COM
munication OF Chief Weber, in regard to a
change of hack stands, was referred, after en-
quiry and examination, have had drafted an
ordinance which is herewith submitted.
Ordinance read and referred TO Com
mittee on Ordinances.
sixth-The ordinance to change the name OF
the territorial road to State street, is approved
and recommended to pass.
Referred to Committee on Ordinances
and Aid. Griggs.
seventh-On the petition of N. Curtis and
six others, asking for the grading of
Ross street, from Seventh street to
Earle street, your Committee report favorable
and transmit herewith preliminary order to
the Board of Public Works, which Is recon-
slended to pass.
Adopted. (See order to Board OF Pub
lie Works.)
Eighth-The partial grade OF Margaret
street, which is asked for by large number
Of property owners, your committee do not
approve Of, as they are opposed 10 partial
gtades, except in extraordinary cases, your
committee satisfied that the improvement
with full grade is proper one, submit a
preliminary order to the Board of Public
Works for full grade.
Adopted tSee order to Board of Pub
lie Works.)
Ninth-The Communication OF 8. s. Wat
kns for the Improvement Of the Pigs Eye
road, your committee recommend be referred
to the City Engineer.
Adopted.
Tenth-Iu relation to the application OF the
Chicago, Milwaukee St st. Paul Railway COM
- e;o f,,n o:evhf hayy on