Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-04-21
CITY FINANCES.
4 Prominent Citizen Raises Some Inter
esting and Serious Questions.

\ Prominent Citizen Raises Some Inter-
esting and Serious Questions.
EDS. RECORD UNION: The first Monday
in April is made by the city charter the be-
ginninsssof the fiscal year. 1t is from and
10 this date the City Trustees and Auditor
are directed to estimate and provide funds
for the city's needs. 1t is understood that
there was quite large deficit in certain
funds, notably the police and street funds,
at the end of the fiscal year just passed, and
that 1t is the intention of the city officers to
pay the same out of the funds provided for
the present year. To show that this cannot
be done without violating the Constitution
and laws, as well as a decision of the Su-
preme Court, made directly to the point l
quote from Article % of the City Charter
And in no case shall liability be Gre
ated or warrant drawn against any fund
beyond the actual amount of money exist
ing in such fund whereWith to meet the
same.n
Section IS, of Article g. of the Constitu
ton provides: No county, city, town,
township, etc, shall incur any Indebted
ness or liability in any manner, or for any
purpose exceeding in any year the income
and revenue provided for it for such wear.
Any Indebtedness or liability in
Cured contrary TO this provision shall be
void"
The Supreme Court, in adecision filed on
the 31st of last month, in the case of
Schwartz VS.. Wilson, Auditor, ETC., after
giving history of the case, says:
In San Francisco VS.. Brickwedel 1852 Cal 641}
1t was said - Each years income and revenue
must pay each year sindebtedness and liability,
and no Indebtedness or liability incurred in any
hall no ont off h.
enue of any future year"
The 18th Section of Article NJ of our Consti-
tuition provides that in cases like the present no
Indebtedness or liability shall in any manner or
for any purpose be incurred exceeding in any
year the income and revenue provided for such
year Any allowance made contrary
TO the provisions OF this section shall be null
and void, and the Auditor shall not draw his
warrant therefor, nor the Treasurer pay the
same"
Were the question discussed in San Francisco
VS.. Brickwedel a new one, we might hesitate in
reaching the conclusion arrived at there but,
in view of the very salutary influence it is cal
culated to exercise over public affairs, and in
view of the fact that since 1882 all persons hay-
ing dealings with these municipalities must be
presumed to have done so in view of the con-
stitutional construction given in that case, we
are not inclined to overturn it.
We deem it conclusive of the present case and
the Judgment appealed from is affirmed.
1t will be interesting to the taxpayers of
this city, in view of the foregoing, to see if
the bosses can force extra men on the
police and force The payment of their sala-
RES. If debt of $4,000 can be carried
over this year, why not $4,000 next year?
TWAS in just this manner the present enor-
nous city debt was created. OF course
Auditor Mckee could neither create this
liability spoken of or prevent it, but,
should he sign q warrant TO pay one dollar
of it. he becomes equally liable to the
charge of malfeasance in office, and VIC
lates his oath. Let him refuse and wait
for mandamus proceedings,
TAXPAYER.
Sacramento. April 30. 1888.