The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-31
4 CONFLICT OF OPINIONS.
The Differences Between the Treasurer
and Council, about City Money.
What the Law Pr0yides-The Extent Of the
Precedent Established by the Board
Of School Commissioners.

I JreaSu duu lie City ofuCldiS, feidtiSS w HAS
treatment of the cty's moneys that will come
into his keeping by the Winter bill on the first of
January, were extensively reviewed yesterday in
official circles. The representatives of the city
claim that in the consolidation of the two Offices,
the treasurer's character as city official must
be determined by the charter, paragraph 1888,
Sec. 49, of which reads:
1.-THE treasurer SHALL on the last day of each
month, furnish to the clerk a statement of all
the receipts and disbursements made by him
during the month, and the balance then in the
treasury belonging to each fund, general and
special. and also deliver to him all the orders
deemed and cancelled by him during the same
period, taking the clerks receipt therefor; which
statement with the orders redeemed. the clerk
shall lay before the Common Council at its next
meeting, to be disposed of as the Common Coun-
Gil may direct. The treasurer shall at least
fifteen days before any annual election. and at
all other times when required by the Common
Council, render full account of the receipts and
expenditures for the current year. and the gen.
eral condition of the treasury. He shall ALSO at
his own peril, keep the moneys of the city
safely"
They refer. further, to Section of the En-,
glish bill, approved Feb. 13, 1877, which says:
mo warrant or order for money shall be
drawn upon the treasurer of any such city after
May l, 1877, il at the time there be no money in
viz tIOhoulyi duu, u that Suuj ID Sudll W Lu0
duty OF the city treasurer to keep the clerk,
auditor, or other official authorized to draw
derS or warrants, informed when there is no
money in the treasury; and, failing to do So he
Shall be LIABLE on his official bond, for the
amount of orders or warrants drawn during
such failure, with interest thereon. to the per-
son in whose favor such order warrant was
drawn. If the clerk, auditor, other person
authorized to draw orders or warrants upon the
treasurer, shalt draw any order or warrant upon
1xx,cx 30 the
treasury, he shall be liable, his official bond,
for the amount, with interest thereon, to the
person to whom such order or warrant was
made payable (3l24, Sec. s. 1t shall not be
after May l. 1877, to make any appropriation OF
money. unless at the time of making such APP
preparation the money be in the treasury with
which to pay the same"
The sections of the Winter bill consolidating
the county and city treasures which bear di
rectly upon the matter in dispute are:
''Section - The treasurer of tho county in
which any such city is situated shall thereafter
perform all the duties which, by law or the ordi
formed by the treasurer thereof, except as here
in otherwise provided, in the same manner and
with like effect as such duties were required to
be per. performed BY such city treasurer sure
urer shall thereupon proceed to collect the taxes
contained in said duplicate and list in the same
manner rs he is required by law to collect taxes
for State, county, township, road and other pur-
poses upon the county tax duplicate and deln-
quent list, and shall make settlement on account
thereof with the county auditor at the same time
and in the same manner as he is required by law
to make his settlements on account of the county
tax duplicate
Sec. %. All laws and parts of laws in conflict
with any of tho provisions of this act are hereby
repealed, in so far as they relate tc cities of the
class referred to in this act and are in conflict
with its provisions"
The city officers refer. further to Section 43
of the chartez which says the city clerk and
treasurer shall meet at the office of the clerk on
the third Monday of April and the treasurer
shall then and there make settlement with the
clerk for the amount of taxes for which said
treasurer so stands charged and to Section SO
(meaning Couneil). they shall have the manage
ment and control of the finances of the city, and
of all property, real and personal, belonging
thereto"
The question then is simply, does the Winter
bill repeal the old laws relating to the city treas
urer's duties or do they stand! IL it does repeal
them the city officials claim it is only by implica-
tion as there is no direct repeal Mayor
McMaster and City Attorney Taylor, who have
studied the question thoroughly, believe that no
repeal Is made, and that the county treasurer
as such officer for the city must be governed by
the laws operative when the two offices were
distinct That is, the city has q right, under
the new regime, to draw against its funds at any
time in the hands of the treasurer, and require
monthly statement from that officer to the
Council as to the condition of funds They saw
this was done with the old city treasurer and
besides he was required to make q settlement
on the third Monday in April. And again.
Council has the management and control of the
city q funds
On the other hand. Treasurer Miller claims
that to the money he collects. as whole after
the 1st of January he has legal title until he
receives the auditors apportionment, after which
the city can draw against it's funds. He insists
by the advice of his attorneys, that the repeal.
ing clause in the Winter bill is explicit in over
throwing all laws governing hetofore the treas
urer's management of the city's funds In the
meantime, if the city wants money it can bor-
row it from him, which can be paid back
when the apportionment is made He says he
is not required to make monthly statement to
Council. and that the only settlements devolvng
upon him are in April and November. 1.-THE
city, in borrowing money, would be in posi-
tion," said he, similar to the School Board to
which have loaned money l am now carrying
its paper. 1t takes up its paper when the funds
due from its fund are paid.
do you know of any precedent" asked a Jour
nal reporter, of the school board borrowing
money from previous county treasurers?"
II do not. 1t has, though, borrowed money in
the East and taken up the paper when the city
treasurer had funds due the board.'
How happens it, in this instance, that you are
lending the board moneys"
ut is to meet borrowed Eastern money which
was secured to tide the board over it's indebted
ness. growing out of new buildings and other
improvements"
"Why did it not. as before, anticipate its
money in the hands of the city treasurer
Il presume because the fund was temporarily
exhausted and this was a pressing need Since
the loan was made it has been considerably re-
duced. do not remem Der the original amount
something over 500, 000."
City Treasurer Pattson was asked if he knew
of the school board having borrowed money
from county treasurer before Il do not, nor
did ever lend it any. The board often antic-
pated it's monies coming into nv hands. but I
never charged them a cent of interest" The
Board is now paying Country Treasurer Miller
per cent, transaction that was made in his
favor, he says, by his friend Mr.. Greenstreet Of
the boards finance committee
If the Winter repeating clause ia as effective as