The Portland daily press., 1895-05-07
SS57,O19.13 S828, ,331,
The amount to be raised by taxation this
year will be $751; ,296. 49,
THE LANE LAW.

| The amount to be raised by taxation this
| year will be 1851, ,295.13.
THE LANE LAW.
| In response to the order passed at
previous meeting asking the opinion of the
city solicitor as 10 the effect of chapter 166
of the Public Laws OF 1895, which places all
subordinate city officers under the direction
and control of the Board of Mayor and
Aldermen, City Solicitor Chapman read an
elaborate opinion, of which the following
are the most essential parts:
In general. the main question which l am
required, to answer divides itself into three
paris: First. Who is ''any city OF cer' un-
der the statute?sSecond. By what authority
| are their respective duties prescribed?
| Third. What is meant by the discharge of
| their respect tive duties under the direction
and control of the mayor and aldermen2"
First-Chapter l66 of Public Laws of 1896
applies to city off GERS elected or appointed
| as therein set out. 1t is a restrictive statute
not to be extended beyond the plain mean
ing of the language. Any city officer in the
statute. in my opinion, means any in
dividual officer charged with individual
duties. it cannot be extended to include a
member OF a board which acts as such. 4
member is not city officer within the
meaning of the statute, although elected by
the city council. He has no duties to dis
charge in4which be can be directed or con-
| trolled. AS a member of such board he
simply votes for such action by the board
| as in his Judgment seems proper. To say
that the membeIs of a board mustvote as
directed by the mayor and aldermen is
practically to abrogate the board. Such a
| construction must be sustained by plain
language.
No more can the language Of the sta tute
be extended to the board itself. 1t does
not apply to the boards OF assessors, for in
stance, although they are elected by the
city council: their duties are provided by
statute and are largely judicial in their
nature. For example, it is the duty Of the
board of assessors in the exercise of their
judgment and discretion to fix the value of
property. The board does this acting rs
board. A construction of the language of
chapter 166, which would extend it's mean
ing to the board of assessors would disturb
the whole tax law of the state, and could
not be given unless it was the plain anu
necessary meaning of the language. The
language of the statute cannot be extended
by implication to include such board ,exer-
cising such powers and acting in such a
way. For the same reason, the statute does
not effect the board of overseers of tn o
poor. lne park commissioners. or any other
board similarly constituted.
| Seoond-The statute does not take away
from the city council the power which it
had at the time of he passage of the statue
| to prescribe what any city officers duties
shall be, but it taxes away from the city
council the direction and control which
they had of city officer in the disc barge
of his duties and transfers this direc tion
and control to the board of mayor and
/ aldermen. -----e...-~s..---s--s-
| Tbird-What is meant then by direction
and control? Prior 10 the passage OF the
statute any city officer discharged his duties
under the direction and control of the
whole city council. unless the law provided
otherwise. This direction ard control has
now been given 10 the mayor and aldermen.
This power given the mayor and aldermen
| to direct and control any city officer does
not give them power to perform the duties
of any city officer any more than it gives
them power to provide what an officers
duties shall be.
passage of chapter 1855 it was the duty of
any city officer being duly elected and
qualified to proceed in the discharge of the
ordinary duties of his office as provided by
law. For example, it was the duty of the
city treasurer to keep the city accounts; it
was the duty OF the street commissioner to
keep the streets safe and convenient for
| travellers. 1t is now the duty of these
their duties exactly as they did before the
statute was passed, until the board of
mayor and aldermen adopt rules or give
specific directions i'll particular cases.
| What I have already said answers the
question referred to me in the above vote
in relation to the oyerseers OF the poor.
Chapter 166 does not effect them in any way
in the discharge of their duties.
| Commissioner of Public Works: The
duties of the commissioner of public works
are defined in section three OF the act of
the last session of the legislature, entitled.
''an act to esta blish a commission of public
works in the city of Portland"
| The powers given to the commissioners of
| public WORKS by this statute are largely
| ministerial. For instance. in the construc-
| tion OF new streets be has no power to act
till ordered by the city council. In the
construction of new sewers he has no power
to act till ordered by the mayor and alder
men. In performing this work, however,
after it has been ordered, well as in the
ordinary maintenance and repair of streets
| and sewers, his duties are what some OF the
cases call administrative. that is. he Las
power to judge for himself what is to be
| done in carrying. out the work.
| In the first five lines of abolisbing the
street commission the commissioner is
| vested with all the authority legally exer-
cised by the city civil engineer and street
| commissioner. Outside of the provisions of
sections 81 and 23 of the city charter the
authority of the city engineer and of the
street commissioner was derived from the
city ordinances. These provisions OF the
charter and ordinances still remain the
law. except so far as they are inconsistent
with the law establishing the commission.
So far as they are inconsistent they are re-
pealed.
Tba citv ordinance which nroyfdes that H.