The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-11-26
MIRED In THE BOGGS.
The Unhappy City Of Tacoma
Floundering Helplessly.
WILL NONE EXTEND 4 nAnDf
1hs City Attorney Refuses 90 Assiss-
Wssght's oioo, 600 VIM BE Taken
Back By Him - Interest

Welght's o1o0, 600 VIM Ne Taken
Back By Him - Interest
vassuA, Hov. S.-fspecial. City At
torney Murray made laughing stock for
the city council this evening by coming
ont In decision In favor Of poggery. City
Treasurer Boggs has ali along lodged the
desire Of citizens for report stating where
the city's funds are kept, and now the city
attorney comes out and holds up Mr..
Boggs' hands and says amen 70 boggery.
Councilman Boardman said, with
broad grin:
why, he told me only few days ago
that the charter was plain as the nose on
mans face In favor Of report When he
came around TO my desk and said he had
to cikngc his mind ON how he'd report, I
understood he had to do It,"
Councilman Harris, o lawyer, thought
the report very funny. even iudicrous,
under the circumstances. Councilman
Fontainc notified the council that he
would not be responsible ~ . member OF
the finance committee so long as Boggs
refused to report where the city funds are
kept When o motion was made to refer
the matter 10 the city attorney he OBJ
jected, but il went all the same. Never
theless, while the charter plainly says the
treasurer shall report where he keeps the
Gity's funds. the opinion Of the city attor-
nsy is to the contrary. But this does not
in any manner render Mr.. Fontaine re-
sponsible. He says:
az Notified the council that unless Boggs
reported would not be responsible. and
until he does report shall not DO respon.
sible."
In reference to Mr.. Murray's opinion,
which was placed on file, Councilman
Harris offered . resolution reversing the
''lsarned" conclusions. II WAS voted
down.
"It's . garbls Of tho whole thing" Mr..
Tontaine said, 'but il doesn't change the
fact that have given the council notice.
and am not responsible a. . member of
the finance committee 80 far ~ the ac-
counts Of the city treasurer are con-
csrned."
Mr.. Harris-It illustrates the fact that
our city council can do most anything.
Mr.. Warner, while presiding today, said
- much. and guess he II right.
In referring to President Pro Tenn. War
ner's statement, Maj. Grattan said:
~ said his decision was immense. l
didn't qualify immense, but immense is
out OF sight, and out Of sight is immense"
The councils actions are fast becoming
huge joke to many councilmen. Mr..
Murray's opinion follows:
"Hon. City Council--Gentiemsn: In re-
spouse to your reference to this depart
ment OF the question whether the city
treasurer Is making his reports in accord
ance with the charter, would say:
This question involves o construction
of sections 81 and 95 Of the charter. Said
sections contain statement of the dut les
of the treasurer, and are logically and
dramatically one section, the matters
treated of being a. follow:
The. city treasurer shan receive all
moneys
".shall keep . account thereof
% He shall report
lie shall not loan
"'Hc shall deposit
If no depository has been designated
he shall keep such funds
A portion OF section 81 contains the
provisions and requirements in the report:
lie shall report TO the city council Of the
first meeting In each month the amount of
city funds under his control, and where
the same are placed or deposited
THAT portion of section IS having refer
ence to the deposit Is as follows: lie
shall deposit daily In the name of the city
OF Tacoma all moneys received by him by
virtue Of bis Office in one or more banks.
which the city council shall have desg.
mated as depository. provided, II no
such depository has been designated by
the city council, he shall Keep such
funds and be responsible therefor.'
"in constituting sections - and a5 It is
evident by examination of the foregoing
quotations that there are two provisions
relating to the duties of the treasurer as TO
the disposition he shall make OF the funds
received by him.
moneys In one or more banks which the
council shall have designated as deposi-
tory.
second-'Proviied If no such deposi-
tory has been designated he shall keen
such funds and be responsible therefor
''fhe only deposit that Is contem plated
Is = deposit in depository designated bv
treasurer would not be Liable for any fall
nre on the part of the depository TO safely
keep such funds.
1.-The only depository, then. contem-
plated under authority of the council
would be such depository as Ii may have
designated.
"Now. constituting this with a norton of
section 81. and reading, say, into section
81 that portion of said section referring 10
the report OF the treasurer. We would read
as follows;
''He shall report to the city couneil;:the
first meeting IN each month. the amount
OF city funds under his control, and where
1.-THE sasnep all moneys received by him
bv virtue OF his office. and
deposited daily in the name OF
the city of Tacoma Ia
one or more banks which the city council
shall have designated as depository
tare placed or deposltsd.f In other words.
the city council may require the city
treasurer 60 report the amount Of funds in
his control, pssccd In the several
Repositories which have been desig,
mated by said council. And
there Is the hest o. reasons
why, In such a case. the treasurer should
be so required 10 act The city council.
having designated = depository, the treas.
urer Is relieved froaa responsibility: and
the responsibility Of naming snen deposi.
tories resting upon the council, there
ere the best al reasons why the
council should be informed o.
the particular amount 81 fand-
In each Of these designated repositories
for 10 would then he the duty ct the coun
eli, in case an excessive amoanf we're lie
posted IN any particular bsnk, Which
would not he warranted hy the hnsuesa
standing Of the hank, ~ change the none,
from such depository into others, or x
DESIGNATE additional repositories
''fhe responsibility resting upoa ths
council. ali the facts necessary 10 giviut
the coauea fen knowledge OF the euttrs
situation should be given il, and in such !
fha s~anNefk fsessfN ,,sNs..Sf,r