Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1896-05-15


vitation to join with the members Of
Seth Williams Post. G. A. r., In the
exercise and ceremonies of Memorial
day, May 30.
(SigneD WILLIAM -MeDAVID.
Adjutant
A report was submitted from the city
auditor. inquiring for Instructions, as
in the case of similar bills. reported at
the last meeting of the council, pre-
scented by the overseers of the poor, in
which We're included jigger wagon.
with other items.
The report submitted bills for SASS
for dressing; $45 for ashes; and $50 for
la Jersey bull, With an item for expense
of painting a hen house ($1S). 1t did
not appear by what authority this work
was done. This bill of $122.Ss. With
that itemizeu at the previous meeting,
amounting to $224.SS, was ordered to
be placed upon the roll of accounts by
the city auditor, on a recommendation
Of City Solicitor Thomas Leigh, Jr.,
(which read as follows:
Augusta. May Il. 1896
To the Honorable Mayor and City com-
ell.
Gentlemen:--At your last regular meet
| ing oil April Is, the following order was
referred to me for my opinion in writing.
whether the claims specified in said
order are legal claims against the city,
| or in other words whether the orerSeers
| of the poor had any legal authority to
contract said debts. The order above re-
ferred to reads as follows: ordered. that
| the items in roll of accounts No. 1. under
| head OF support of poor, being bills of
a. w. Brooks, $l5. j. J. Maher. 81. ana
J. Howard Chandler. SIS, be laid on the
table and referred 10 the city solicitor as
to legality of claims"
| After very careful investigation OF
tins matter | found that for years,
city's affairs. it has been the cusom and
habit of the overseers of the poor to
contract for and provide not only neces-
sary pauper supplies for the support of
| the citys poor in and out of the poor
farm, but to purchase agricultural nipple
ments and other necessary essentials in
| cident to the proper carrying on of the
work at the poor farm This custom. ex-
| listing as it has for years, and the au-
| thority of the overseers of the poor in this
toned has undoubtedly led the overseers
| of the poor to believe it was within the
scope of their authority and duties under
the city ordinances TO make such pur-
After examining thoroughly the city or
dinances and the statutes of the State, !
am of the firm opinion as n matter of
| law that the authority of the overseers
of the poor TO create debt against the
city is limited to their implied authority
| TO purchase necessary pauper supplies
for the support of the poor. either in or
out OF the poor farm. The various items
in the above order | cannot technically
and legally, construe. as being .pauper
supplies. The authority to spend the peo-
pies money and create obligations
against the city is vested by law in the
city council.
| | should advise the immediate payment
by the city council of the bills in question
with the additional suggestion that your
honorable body either increase the au-
thority of the board of overseers of the
poor under the city ordinances. SO that
| they may be able from time to time to
purchase whatever is necessary ana es-
sential to the proper carrying on of the
| work at the poor farm or appoint a COM
mittee TO have charge of the work at
the Aims house. and also have authority
| to make such purchases as in their judg-
ment Is advisable and Necessary. that
the work may be profitably pursued.
/ Respectfully submitted.
TIIOS. LEIGH. JR..
| City Solicitor.