The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1889-09-21
oEERINc's TOWN TREASURY.
The Way Money Is Drawn From


The people Of the town Of Deering have a
new subject for discussion. Yesterday
protest was made to the treasurer Of the
town against his paying out more money
till hearing is had upon complaints made.
The paper reads as follows:
DEERNa, Sept. 10, 1888.
Geo. w. Ward, Esq, Treasurer ofthe 1oUn Of
DeaE sir-Referring to the accompanying COM
munication, hereby, as voter and taxpayer,
protest agai5nst, ,5 ,y your further paying & is0m the
the selectmen; and particularly protest against
your disbursing money an account Of Board OF
for the use Of the board OF the last annual town
meeting. noncompliance with this protest
will oollge me 20 petition to the courts for an In
Till hearing can De had before the proper tribu-
nal.
Entertaining towards you the kindest feelings,
am yours very truly.
l.. b. CHAPMAN.
Gen. Perry's communication to whom ii
seems the matters in question have been
submitted for an opinion reads thus:
PORTLAND, Sept. IL, 1889.
L. b. Chapman, Esq,
ceived; and In answer TO your inquiry whether or
not a town treasurer Is legally authorized to pay
orders drawn on his town and signed by only one
member of the board Of selectmen-I answer IN
the negative. An order signed by single men,
Der OF the board gives no such authority.
''Would giving authority TO three or more per-
sec. g. Boothby v. johnson, So Me-, 473.
The treasurer Of a town Is simply disburslg
ofhcer. He can only pay out money from
the treasury when he Is authorized by law.
To your second inquiry whether town treas
urer has legal rightto pay out Of the treasury
of his town on an order drawn for services on a
board Of health, not audited or approved by q
majority OF the selectmen, answer: III vacancies
in board Of health occur, as they DO under the
M pumhQr pOinQ ont each and
a vacancy oceasioned by the retiring member IS
not filed by the municipal officers Of the 10 IN, II
Is very questionable whether, under the act OF
1889, chap. 227. sec. I, such retiring member
the treasury legally on his account II his term
has expired.
There is no express provision or law providing
for payment Of board Of health excepting % g;, whas
laws of SS7; this authorizes "to appoint health
ofheer . and to established his salary or
compensation" and shall regulate and audit all
fees and charges, OF persons employed by snch
2-If there has been no health oficer appoint
ed In such town (Which may, or may not be the
case) then-h there exists large board OF health
and it has a secretary-that oficer become the
ecutive officer of the board. Whether or not such
secretary is entitled by implication TO salary
health officer Is a question, but one not involved
In the interrOgatOry proposed.
$40 authorize the treasurer OF a town to pay
an account drawn for services on board OF
health 1t must-hrst, be audited and approved by
majority Of the selectmen OF such towp, and this
must appear on the account itself. such an ae-
| count paid BY the treasurer OF the town without
evidence upon the face Of the paper that II has
| been audited and allowed by the seleetmen and
signed by a majority Of their number Is an unlaw-
tul payment q money and tne same eopstrsenGn ms
ment OF the accounts OF all the executive of1cers
OF the town. JOHN j. FERRY.