The morning call., 1895-02-03
THE OCEANIC LYING AT THE PACIFIC MAIL DOCK.
From sketch "The Call" by W. 4. CoulterI

for supplies furnished amounts to about
$4,000, and there is prospect of another
100000 deficit this year, a prospect which
is causing both merchants and city officials
considerable concern.
In his communication Mr.. lie Count says:
. The proposition that the expenses of any
certain year must be paid from the revenues
of that particular year, or not paid at all,
means that no expenses shall be incurred be-
yond the actual revenues for the year, not the
anticipated or estimated revenues.
1t is manifeStly impossible to say in advance
OF collection just what the revenues of any
particular year will be, and any claim and all
claims drawn against revenues or funds that
did not fully reach anticipation would be
illegal. The illegality would extend to the
warrant for the first claim paid out of a fund
which did not reach anticipation, as well as to
warrant drawn on the same fund after the
revenue had been wholly exhausted. If ascer-
tanned revenues are insufficient to meet ascer-
tanned expenses for some certain year, no war
rant legally can be drawn against the city
treasury in that year, according to the con-
struction which has been placed on the sup
posed Limitation OF expenditures of county
funds. 1t is plain that this narrow construc-
ton of the law would lead to condition of
municipal disintegration an enforced disincor-
poration.
Every county Board of Supervisors in this
State is clothed with authority and required by
law to do and perform every act that may be
necessary to the full discharge OF the duties of
the chief executive authority of the county
government. The necessity for the perform
ance OF such an act must be prima facie neces-
slty; such for instance is the necessity for the
replenishment of fire department supplies, the
purchase of feed for horses and stationery for
the various departments.
The failure of Board of Supervisors to pro-
vide for any such necessities; its failure to ex-
ercise its general and permanent powers may
subject its individual members to both civil
procedure and punitive damages recoverable
on their official bonds. If supplies are needed
the Supervisors must furnish them, notwith-
standing the revenues for the year for such
mn hon I'D i+Ar IL
cline to audit where a claim is prima facie
Illegal and unwarranted, but unless such
illegality is plainly apparent he must afix his
signature. In the case of claims against the city
that have been adjudicated they have been
legally passed by the Board of Supervisors and
later been practically audited by judicial de-
cision. Such claim the Auditor is clearly or
dered to audit.
We hold judgments and claims against the
city for various amounts We ask that the
Auditor be notified in resolution of the board
that his refusal to audit warrant for the pay
ment of judgment is i'll advised that the
Treasurer be notified by resolution to register
any demand against the general fund passed
by the board. We will then again attempt to
have our demands registered, first presenting
them to the Auditor, and subsequently to the
Treasurer.
The creditors suggest that special
meeting of the board, in committee of the
whole, be called, that the Auditor, Treas
urer, City and County Attorney and MEM
bers of the creditors association be in
vited to be present to confer with the board
on the propositions advanced with view
to secure acqulescence on the proposition
that the Supervisors under the law must
supply the necessities for the continued
existence of the body corporate regardless
of any attempted limitations; that the
Auditor must audit and the Treasurer
must pay or register for payment all de-
mands against the city incurred in supply
ing actual necessities for its continued ex-
iStence