Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-07-29

change the rights or obieesions Of %.
city in the lie st in my Judgment. He i
sound by bis contract to acceu, tbs
warrants, and il he refuses to accep,
ihs same and asks for a different kiac
OF payment hs departs from the con
tract.
He is bound TO wait Tor payment q,
bis claim until il ia Collected in tbs
manner prescribed by Law. The CITY
charter, ordinances and his own con.
tract fix has legal status as we'll as tina,
Of the city.
But II i. claimed that the acts OF the
Cornell, IN ordering aud mixing the
Improvement in question. were Illegal.
IL this be true. IL does not constitute a
sufficient reason for compelling the tax.
payers Ia Of the city in general IN iiqni.
date this claim. II is presumed that
the contractor had "a much knozlsdge
about the facts in relation TO this i'm
proyement A. the members Of the Coun-
ell. Ia the case Of NeEman va. Svlyes-
ter, ~ Ind, los, cited in Dll. on Nunic.
Corp, page 457, vol. l., where a contract
was let for Improvement beyond toe city
limits, the court uses this Language :
" Ths contractor having like knowledge
with the members of the Cluacil thev
cannot be held liable for the cls.s Of
snch improvement" In the case of
Bork W. Smith and Others. SIS Wis page
81, the eourt uses this language Livery
contractor who does work in impr owing
and grading a street in a city where the
cost OF said Improvement or grading is
eharReabie tn the owners of the abut-
ting lots, and whsrs he is compelled to
IN a a.i a
lots for his pay, or any portion thereof.
must see to 1t that the proceedings %
the city authorities ia directing the same
are regular. In those IN ttters At least
which are essential. Tne authorities
are IN some sense his agents in fixing
the charge noon the adjoining property
for his benefit and il they proceed lrree-
ularig he must suffer from sush irregu-
laritv."
Without citing authorities, I will state
that after a pretty thorough examlna-
ton have arrived at these conclusions:
fnat the city Of Seattle through its
Common Council il the agent of the
property owners along the lines of cur
streets, wits power gwen it by charter
To compel the improvement of the
streets At ths expense of the property
suoh improvements the city is also the
agent or trustee for the CD tractor who
makes such improvement the inprovs
ment ~ made for the benefit OF the
property owner, and the money collie; =
81 by special assessment for the benefit
If the Contractor that the city does not
assume to ptv, nor does il warrant or
guarantee the payment of the oontr4 act
nrf haf thArs IA M Lar Al ltai.tlttu ~,
the part of the city on its contract to
pay tge contractor or the holder Of scrip
any money except when the same il
collected that the city assum no liza
bility except To pursue the p pwers given
1t by charter. IL the city should fab
or refuse te exercise the powers given II
by charter to enforce ths payment of
assessments, that the proper course
would bs 10 compel action by y writ of
mandamus. The only btsis Of a liabil
ity by the city To a contractor or holder
Of grade scrip, would be a failure tn do
some act r. qnired by law or dong some
act in violation of the rights of the
contractor or scrip holder. II the city
should do no wrong and do all required
of Il by law within reasonable time.
and then there should be failure to
collect the amount due the contractor,
tho city could not be held liable. Thls
last proposition is fully sustained by
the case OF Finney and others vs. the
City of Oshkosh, Is Wis, 30.
The COUNSEL must virtually condemn
its own acts as Illegal and decide that
the taxpayers of the city must pay for
such acts by general tax atom, before it
oan pay grade contracts or grade scrip
out of the general fund. Such a de-
eisiou. ! think, should be left to the
courts. IL a legal liability should be
established, then and not until then
would the Council have the power to
levy tax to discharge such liability. I
think Il would be- an act Of gross inius
tics, as we'll ~ illegal, for tie Council
To fnsten upon all the taxpayers Of the
city debt of thousands of dollars, for
expenditures made for the special bone
tit OF few, without givisg the general
taxpayer an opportunity of testing the
validity of sucn debt. The city IL not
linble for every illegal act of the Coun-
oil, even IL snch illegal act should be
established. Rsspecttuliy submitted,
RICHARD OSBORN, City Attorney.