Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1885-10-08

NUMBER II.
be careful in dealing with tins question
end asked to hear from city attorney
Dodge and Mr.. Nlckeus who were pres
ent.
M. Dodge then stated his opinion on
the questions involved, the ma,a points
beng that the publication OF the delia-
quent tax list was required by law ana
the city treasurer as the ministerial ofacsr
OF the city in the matter was required ts
have 1t do3e; that it was . contract be-
tween the treasurer and publisher TO
which the council was not party; that
the fees for publication were legal costs
and were specially taxed y dslinqusnts
as costs, paid by them or collected IN sns
sale of their property and wss IN no sense
q city fund; that if the printer performed
his part Of the contract he WAS legally en-
titled to the fees stipulated BY law OF spe.
cially contracted for with the treasurer,
and a. these fees were collected BY sale
of the property of delinquents ana re-
ceived in the city treasury as costs sll the
city council had to do 10 the premises
was to authorize the treasurer to pay
them out for the purpose for which they
were collected.
Mr.. Nickeus concurred in the opinlsn
just given by Mr.. Dodge which he be-
lieved to be the correct application OF the
law on the subject. He said the law for
the collection Of taxes was created by the
same power that created the city council
and the council had no power to change
or vary its terms and provisions; that the
city had no right to speculate Oh the
dellnquents by collecting more costs than
was to be paid; that the duty Of the trsa-
surer to pay the costs collected for pub
lication of the delinquent list was plain
and if he refused he could be compelled
by msndamus to do his duty in the prem
i,es; that this publication was not job
work nor publication of ordinances and
did not come under the contract with the
city for printing ss the publication was
contract with the treasurer and not with
the city council.
Mr.. Hicks differed in opinion with the
attorneys on the law of the subject and
claimed that it was job work and came
under the half rate contract with the city,
with which opinion Mr.. Long agreed.
Mr.. Hughes desired to know if the work
had been done, in answer to which the
certificate of treasurer Mills was read.
The ayes and nays being called on the
motion to adopt the report Of the com
mittee to allow half the bill the vote was
Is follows:
Ayes-Hicks and Long.
Nays-Hughes, Kelleher, selvidge and
spangenberg.
Motion Of Mr.. Hughes that the city
treasurer be authorized 70 pay the bill Of
92O9. 20.
Mr.. Hicks moved as an amendment to
the motion shades Of parliament) that
the bill be laid on the table.
The motion to table was lost.
Mr.: Hicks thought that the council
would be gong back on ito record to o.
low this bill.
The ayes and nays being called on the
motion to authorize the treasurer 10 pay
the bill the vote was % follows:
Ayes-Hughes, Kelleher, Selvidse and
Spangenberg.
Nays-Hlcks and Long.
Mr.. Long wanted to know il the liquor
licenses had been paid for the present
quarter.
Mr.. Kelleher said there had been some
complaints of leniency towards some in
the collection Of their licenses.
Mr.. Hayward asked that the city pay
for the sidewalk On the south side of the
lot on which the engine house staads in
consideration of the use of the buildings
until the first Of next March, which prop.
os,tion, on motion Of Mr.. Hughes, was
accepted.
Mr.. Hicks Moved that ~ extra pay be
given city clerk Mcmillan for preparing
copy and reading proof Of the city charter
and ordinances recently published. Adopt
ell.
An ordinance to repeal the ordinance
licensing roller skating rlnks was present.
ed and passed its first and second read
ing.
Mr.. Nickeus asked the privilege Of ad
dressing the council on the subject of
this ordinance when the proper time
comes stating that he considered the or
dlnance now in force requiring = license
for rinks one Of the best ordinances OF
the city.
Mr.. Hicks moved that the chief of
police be directed to not allow the roller
skating rink to open until the license Is
paid.
Mr.. Mayor said he would see to that.
Mr.. Kelleher moved that Aid. Miller be
authorized TO advertise for bids for fuel
for the city.
Mr.. Spangenberg rendered his resigna
ton q alderman of the second ward.
Report Of police magistrate Hayward
for the quarter ending Sept. 2sth pre-
sented and accepted.
Mr. Hicks offered = resolution appro-
priating ss23.3o for payment Of bills al
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