The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1896-03-21
CITY GOVERNMENT.
Proceedings of the City Council
Adjourned Session.

MONDAY EVE. March Is, 1896.
Board met as per adjournment with
the Mayor, William H. Coerver in
the chair and the following members
present:
Messrs. ADAMS, Bierwirth, Blomey-
err. Dempsey, Galusha, S~hivelbine, Vo-
gelsang.
Absent. Mr.. Lind.
The following communication was
presented by the Mayor and read by
the Clerk, as follows:
To the President protein and mem
berS of the City Council:
Gentleman:-The Clerk having pre-
sented to me for my signature the
warrants ordered issued by your hon
orable body at meeting of March End,
to pay claims presented and allowed
at said meeting. | take the epportu-
nifty to inform you that have signed
the warrants giving the amounts due
as per report by the Street Commits
sioner and for ~graveling Frederick
street. only.
The total amount of the warrants
signed by me, about covers the amount
reported in the Auditors report read
at said meeting, TO the credit of the
general revenue fnnd. The remaining
warrants for amounts due in the va
rious officers reports, and bills al
lowed at said meeting, amounts to
S5I8. So, which under the law l could
not sign as there was not a sufficient
amount in the treasury to the credit
Of said fund to pay same.
Among the warrants unsigned, is
one in favor Of John Grieb, city
Marshal, in payment of 4 bill for 800
presented by him, and allowed by
your honorable body at said meeting
of March 2nd. l call your attention
to this bill simply from a sense of
duty and nothing else.
| have referred said claim to the
City Attorney for his opinion, and
submit this reply herewith attached.
l bring this matter before you, to
give your honorable body an oppor-
tunity to reconsider said claim. should
you see fit TO do SO
WILLIAM II. CoERvER.
Mayor.
The opinion OF the City Attorney,
attached to the Mayors commune
cation is as follows.
Hon. W. H. CoERvFR,
Mayorofthec city of Cape Girardeau.
SIR-In answer to your request for
my legal opinion on the itemized bill
amounting to one hundred dollars pre-
sented by Marshal Grieb at the last
Council meeting, I beg to say that
there is no provision in the City Or
dinances for the allowance or pay
ment of said bill or any part thereof.
The first item thereof amounting to
fifty dollars is for services purporting
to have been rendered under the stock
ordinance. but Section ? of said Or
dinance. No. 4S9 (see Revised Ord
nancos page 29s) provides what fr..;
the Marshal shall receive for services
under said Ordinance and make no
provision for the payment of this
charge of son
Section ~ af Revised Ordinances
page 30 tix"> ID" salary and fees that
the Marshal j. entitled to receive in
full compensation for his services and
he is not legally entitled to any con-
pensation beyond that fixed by that
section. except "irA"c. as under said
Ordinance $50 additional fees have
been specially provided for. and where
on by any ordinance a duty is impOs-
ed upon ;h2 Marshal. without any fee
being >p cially fixed therefor. such
duty must be performed by him as Il
part OF the services for which under
Section 433. he receives an annual
salary of 5000. Neither Section 1913
nor any other Section of the City Or
dinance provides for the payment of
the second and third charges of $500
each as contained in said bill. nor are
the services therein charged for such
services as Sheriff's can receive fees
for under the State laws. us mentioned
in said Section 433.
A payment of said bill would in eff
feet be only adding 800 to the Mar
shal's salary as now fixed by the Or
dinances and would. in my opinion,
be in violation of Section 29 of laws
governing cities Of the third class see
Revised Ordinances page 49, which
Section says, ''the salary OF an officer
shall lot be changed during the time
for which he was electedo or appointed.
Very respectfully yours,
B. F. DAVIS. City Attorney.
On motion of Mr.. Bierwirth the COM
~munication from the Mayor including
the communication OF the City Attorney
to the Mayor. was received, ordered
spread upon the record and made a
part of fine proceedings of this meet
ing.
Mr.. Vogelsang moved that the mo-
tons allowing the bill of John Grieb,
Nfo,.bol Co., e1OO IN odoDtad of maat-