The Portland daily press., 1893-05-19
THE CITY CLERK AND THE ALDER

We find that decision has been made by the
| Supreme court which makes it clear that if
| City Clerk Dyer shall not amend his records as
alreeted by the majority vote Of the aldermen en-
bound by said records, Furthermore, ii City
CLERK Dyer. led astray BY Mayor Baxter; shall
| jority. vote of the aldermen on Tuesday night.
he will 'act at his peril and will be liable, if he
falsfes or mistakes aoledt 1t is his duty to re-
titled to have the records set right Otherwise
and now we quote from a decision made by
the late Chief Justice Nathan Weston-"they
| would be concluded, not only by their own
votes, but by whatever bu design or accident.
| might be improperly entered by the clerk. =
Argus
The decision the Argus refers to is I'M
doubtedly the decision of the Supreme
court IN the case of Timothy H. Cham
berlain ct al. VS.. Inhabitants of Dover.
But there is nothing in that which war
rants the Argus in declaring that the
Board of Aldermen has any authority to
correct the city clerks record. That de-
cision does not make it clear that if City
Clerk Dyer does not amend his records
as directed by majority vote Of the al
dermen, the city Of Portland will not be
bound by said records. On the other
hand the natural inference from that de-
cision is that the clerk is entirely indie
| pendent of the Board of Aldermen He
1.-THE clerk says Chief Justice Weston,
''acts at his peril. and will be liable, if
he falsiies or mistakes what it is his
duty to record" Here Enthusiastically is
the idea of personal responsibility. The
clerk acts at his peril,'' he twill be liza
ble." Certainly if the clerk were simply
the agent of the Board whose duty it was
only to make upa record that would meet
the approval of majority of the Board,
if he were subject to their orders at any
time to add to or subtract from or change
his record, no court would say that he
acted at his peril, and was liable for mis-
take or Justification. Under such state
of facts the responsibility would be taken
from him, and it would clearly be the
Board that acted at its peril and was
liable for mistake or Justification.
The Argus skillfuliy contrives to con-
vey the impression that this case
was closely analogous, if not identical,
with the case OF City Clerk Dyer d But
that is an entirely erroneous impression.
In tile case of Chamberlain VS.. Dover the
town clerk had corrected his record on
his own notion. He had not done it in
obedience to instructions from any one
and nobody had set up any claim of right
to instruct him. The question here was
whether the clerk himself when he found
: that he had made mistake in his record,
had right himself to correct it. The
plaintiff commended that he had not, and
that the town was bound by it even if it
was false. But the court held that this
was not corl ect, and decided that the
clerk could amend it. All the way
through the opinion it is clear enough
that the court recognized that the whole
responsibility of the record was upon
the clerk. ut was the duty of the town
clerk says the court, Ito record the
doings and proceedings of the town.
And if. through inadvertency or mis-
apprehension, the record has been de-
fectively made, it is competent for him
while in Office to complete it, by amend
ing it according to the truth It
will be observed that the court say that
!, it is competent for him to amend it &C.
cording to the truth not according to
what a majority of the people might
| want it to be or might instruct him to
make it, but according to the truth.
J The ideas of personal responsibility and
, loyalty to truth herein clearly implied
are utterly incompatible with obligation
to alter a record whenever and in what
, ever way a majority of the Board of AL
, dermen may dictate. 1t would be no de.
/ fence in case the clerk made an untruth.
, full record that the majority of the
people of the town, or in case of cities
. the majority of the Board of Alder
men asked or told him to. 1t is the truth
/, that he is responsible to, not the peo
, pie of the town or the majority of thu
7 Board of Aldermen. If he makes up a
record not in accordance with the truth
i the people are not bound by it, but they
, are no more bound by it in that case be-
, cause majority of the Aldermen have
approved of it.
The city clerk is not the servant of the
: Board Of Aldermen. He is not under
their direction. He is not elected by then
nor can he be removed by them. He il
elected by the city council, and his
duties as recording officer of the BOARD
of Aldermen are prescribed by the cit,
council in these words
The city clerk shall keep full record of all
the doings OF the board of aldermen and of all
conventions Of the city council, which recor(
shall be subject at all times to the inspection O.
the Mayor. or OF any person or persons author
lied thereto by the board of aldermen or the
city council.
The only authority here given the AL
dermen over the records of the city clerl
is to inspect them when they see fit.
The duty of making the record is placed
entirely upon the clerk. If he makes
faJca rooord ba ic resnonsih1e tbrouoh +bt