Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-11-05


Glasgow as to who his lnformants were
that it would be fine spectacle for him
to expose the names of those persons, bui
that they were credible and he had nc
doubt of their truthfalness. He also de.
nounced as absolutely false the assertion
that he was the paid attorney Of any ybody
in his opposition to this measure and re-
asserted that he appeared here as citl-
zen and only in that capacity.
Mr.. Miller stated that man was en-
ployed in this rink last winter whom he
would have thrown out of his barn if he
had found him there, without waiting fer
him to walk ou!, and that he had been
told that no such person would be en-
ployed about the rink this year when he
was asked to introduce the ordinance to
repeal the license.
MIR. Hicks stated that he would neither
favor the repeal Of the ordinance nor any
abatement of the license.
The motion to table the ordinance was
then put and carried unanimously.
The following bills were presented and
referred to appropriate committees as IN
dlcated:
J. F. Vennum, (dnance com. )....s 3 SO
A. Klaus for gravel and stone IRE
ferred to John Vennum -. l2S 65
Chu, chill + Webster finance CONF 10 "a
VanDusen & Tiff fire conn., 80. Z 80
W. H. Burke, election notice and
| bids for coal, (printing conn.,. 10 90
Heperts of chief Of police schmltz for
the months of September aud October
presented and on motion of Mr.. Miller
placed on file
Mr.. Hughes presented the proposition
Of chief Of the fire department Eager for
taking charge Of the fire apparatus.
On molten of Mr.. Miller the matter was
referred to the fire committee.
1fr. Conehay offered . resolution ap-
proprlating the sum of $9s4.32 to pay
bills allowed at this meeting, which was
adopted.
4 Mr.. Hicks called up the subject Of NJ.
McClure's bill for publishing the delin-
quent city tax list and requested that the
written opinion Of the city attorney, w.
Z. Dodge, be filed preliminary to the in
PRODUCTION of resolution on the subject,
which was agreed to, and the following
opinion was read by the clerk and placed
on file.
JAMESTOWN, D. r., Nov. I'd, 1855.
To THE HONORABLE, THE MAYOR AND CITY
COUNCIL OF THE CITY OF JAMESTOWN.
( GENrLEMEN:-l have investigated the
claim of n. Mcclure for printing the tax
list Of the city of Jamestown for 1885.
/ find that on the fourth day of May
1885, said Mcclure made contract witt
the city Of ofJasnessewn, ths city shes .
cepting the bid of said Mcclure which
was in the following words and figures:
81 agree to furnish reporter at my
own expense, who shall attend each coun.
Gil meeting aud report the same as hear
verbatim as possible, 10 charge to the
city for the publication Of thessame.
agree to publish the ordinances At the
rate of forty cents per each hundred
wsrds per insertion, to do any class Of
job printing at discount of 6fty pc,
cent of regular rates; I also agree to fur
nish the city and each alderman with
COPY of The jamestown Morning Alert
free Of charge during the existence of this
bid"
On or about the first day of September,
1855, he was employed by the city treas
urer to print said list, nothing being sald
as to compensation; but said treasurer in.
serted in said printed list and charged
up against each piece or parcel of land al
amount Is costs for SAID publication equal
to the amount now claimed by Mcclure
therefor, and the treasurer collected the
same of the land owners and tax sale pur.
chasers.
Without considering the questions re-
laling to the construction Of the CONTRACT
made by and between Mr.. Mcclure ane
the city council, regulating the fees 10 b
charged for printing ordinances and jot
| work for said city, pass to what seems
to me to be the vital point in the case ane
will state my opinion as the result of th'
following propositions, which are incor
trcvertible:
First. The charter and ordinances re-
ouired the treasurer to collect delinuuen
taxes IN the same manner as provided By
statute in case of county and terrisorla
taxes. Sec. ), ordinance No. q.
Second, The statute required the treas
urer to publish the list in some newspa
per IN the county. Sec. 81, chap. Is 0
the political code.
Third, 1t is presumption OF law tba
every public officer performs his duty ant
acts within the scope of his authority
hence it is presumable that the city treas
urer did not make false return or state
ment when he returned and entered VI
the amount OF expenditures for publish
,ne the tax list and collected the same
and presumably that was the amount con
tracted to be paid.
Fourth, Every public officer is tn
agent of the public and the city treasure
was the a rent Of the city of jamestown
and having authority to have the lis
printed carried with it authority to con
tract and bind his principal, the city
Fifth, Having collected the money b
has no authority to devote 1t to snothe
purpose than that for which it was pait
to him aud the doing 70 would be mis-
iannroprist,cn Of the fund, speculation
Of from the taxpayers, aud might IN