The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-01-18
counclL PROCEEDINGS.
(COntinued.l


said city or village during the fiscal
year for which the appropriation is to
lie made, including interest and prlnci-
pal due on the bonded debt and sink.
ing fund, itemizing and classifying the
different objects and branches of ex-
penditures as near as may be with a
statement OF the entire revenue of the
city or village for the previous fiscal
year, and shall enter the same at length
upon its minutes and cause the same
20 be published four weeks in some
newspaper published or of general cir
calati0n IN the city or village.
Sec. So. The mayor and council, OF
hoard of trustees, shall have no power
20 appropriate, issue or draw any order
OF warrant on the treasurer for money,
unless the same has been appropriated
OF ordered By ordinance or the claim,
for the payment OF which such order
or warrant Is issued, has been allowed
according TO the provisions Of this
chapter, and appropriations for the
class Or.Obiect out or which such claim
is payable has been made as provided
in Section So. Neither the city council
nor board of trustees, nor any depart
ment or officer of the corporation, shall
add 10 the corporation expenditures in
any one year anything over and above
the amount provided for In the annual
appropriation bill for the year, except
as herein otherwise specially provided;
and 20 expenditures for an improve
ment to be'paid for out OF the general
fund Of the corporation, shall exceed
in any one year the amount provided
for such an Improvement in the annual
appropriation bill.
Sec. SO. No contract shall be hereaf.
Ter made by the city council or board
or trustees, or any committee or mem
Der thereof; and no expense shall be in
CURED BY any of the officers or depart
Snents OF the corporation, whether the
object OF the expenditure shall have
Teen ordered by the city council or
board of trustees or not, unless an ap
preparation shall have been previously
made concerning such expense, except
% herein otherwise expressly provided
for.
10 view Of all these provisions Of law
which seem TO my mind clear and EN-.
phatic, ] am unable to see how the city
council can legally allow any of the
claims In controversy. But this, how
ever, Is not matter for my apprehen-
sion, The question which presents it.
self 10 mind Is whether or not by draw
ing and countersigning warrants for
these claims, do not become a party
to the misappropriation of the city
funds. am creditably informed that
Mr.. Cummings holds another claim
against the city for $50, which, If the
500 claim be allowed, must also be
paid. Then It will be seen, that the ex.
penditure of over $500 grows out of
this transaction, an amount equal to
about onefourth Of the total munich.
pal revenue. This is no trifling matter.
In the interest of good feeling between
myself and the council, / am very
much disposed to draw and counter
sign these warrants and throw the re.
sponsibility Of their payment upon the
city treasurer, but, / apprehend, that
will only shift without settling the con-
trOversy. 1t has been iutimated that /
am the mere creature of the council
and subject to it mandates without
question or recourse. This, 1 take it,
is only partially true, / am ready to at
all times yield a cheerful obedience to
the council In the performance of law
fnl duties, but suspect / shall not be
obliged blythe council to perform lille
sal acts or to in anywise become a
party thereto. However, in order to
relieve the council from any embarass.
melt, so far as my action is concerned,
! will comply with its order to draw
those warrants, provided the claims are
presented in due form, and the order
Tor their payment shall designate the
fund upon which the warrants shall be
drawn and further that my formal pro.
test be spread upon the records of the
proceedings of this council. Or will
eheeEtully agree to draw these war,
rants provided the city attorney will
ADVISE me that may legally do so. In
conclusion l wish to say that am not
influenced In this matter by any desire
e0embarFass the council or bubble over
mere teehniCallties. am profoundly
impressed that the council cannot law
fully pay those claims, and apprehend
that II paid that trouble will grow out
Of the matter, have deferred draw.
ing those warrants In the hope that the
council would submit the whole cues.
ttop to their legal adviser, but there
does not appear to be any disposition
on theiF'Part to take this direct and emf.
neqtly proper method of ascertaining
the legal status Of this controversy. ON
the other hand, disposition has mani.
Tested itself to compel me to draw war.
rants, IS ordered by the council, with. !
out respect to their legality. This dis.
position hes been witnessed by me with
feelings Of pain and sorrow, especially !
as am well advised in the premises |
and have good reasons to know that |
nave assumed a position correct in law
popular and honorable in the estlma. |
ton Of my constituency, and IL needs