The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-04
PENDING SUITS.
Council Committee That Holds
Unique Position.
Not Often Heard OF But IL Frequently
Gets There.

There Is no one OF the many commit
tees into which the City Council Is divld-
ed up that Is SO little heard of as the COM
mittee on pending suits. Very few mat
tiers are referred 10 IL; IL seldom has re-
port TO make. Nevertheless its functions
and powers are very unique, ana may be
arbitrary. The eight members compos-
ing 1t can, II they are 80 disposed, act in
direct opposition 10 the other As members
of the Council and Board, and bring
about what has been desired, and decide
against by vote, and they are not obliged
TO ask for any reconsideration OF former
action or 10 secure an authorizing resolu-
t.on.
The original purpose OF the committee
was TO proyide Cor a medium OF closer
official communication between the law
department and the executive and Iegis-
lative departments OF the city govern
ment. Ii provided for board OF advis-
ors for the city solicitor, whose members
should also be members OF the Council
That is what II Is now, theoretically, but
il is as independent OF the Common
Council, of which IL Is part, as the
board OF fire commissioners, or as the
board of canvassers are.
For instancea claim for damages is pre-
sented to the Council. Ii follows the US
ual course, and is referred 10 the commit
tee on claims. That committee, perhaps,
recommends that the petitioner have leave
TO withdraw, but such disposal OF the
case may be objected TO al the time, and
the matter il referred back for further
consideration, and with instructions that
the city solicitor furnish an opinion.
Then comes from the law department the
official opinion that the claim should be
allowed 1.-The committee on claims recon-
siders It's first action and reports TO the
Council, with recommendation of pay
ment. Then I'm spite of the committee
and the legal opinion, the Council votes
not to allow the claim, and the petition
er Is given leave to withdraV. That
ends the matter, SO far as the Council
and committee on claims are concerned,
but the turn OF the committee on pend
ing suits Is yet to come.
The petitioner who can get no sat'sfac-
tion from the Council goes into the
courts, and brings suit against the city.
The writ is served upon the city Treason
er, and the matter placed In the hands of
the law officer. IL is the same claim that
he has already officially and publicly
stated ought TO be paid. Now he is
called upon in his capacity as counsel
for defendant TO oppose payment In
court, that is IL ii comes to trial But
that isn't necessary. The city solicitor
has recourse 10 the committee on pend
ing suits. He can for their benefit reiter-
ate his arguments in favor OF allowing
the claim now pending in court, and ask
them to authorize Its payment. Then
II they see fit, they may assume the re-
sponsibility themselves and have the pow
er 10 order the city auditor, with the ap-
proval OF the Mayor, 10 pay the bill. The
auditor exercises HE own discretion. but
the committees order is all the authority,
outside OF himself and the Mayors APP
proval, that he needs. The Council doesn't
figure at all. He can pay II he likes. ard
IL he does like there Is no trial, suit is
withdrawn, aud the petitioner gets what
he asked the Council for in vain and the
latter body need know nothing about ii
until at the end OF three mouths a report
OF the committee Is submitted.