The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-11-21

Cain Of Mr. Rice Illegal The council
ignored the opinion Of their attorney
AID allowed the claim. Based on the
attorneys opinion, have taken diff
ferent view and refused to sign the war
rant. In my opinion, the city council
is expressly prohibited. both by statue
and ordinance, from allowing Mr.. Rice's
claim of 800 for services. He might
have been allowed the $50 which the city
ordinance provides, and had he made
claim for that amount, there would
probably have been no objection raised,
But can ild no authority for allow.
ing 800 for services when the munich
pal law says only $50 shall be allowed.
I desire you to publish Mr.. Feltham's
opinion in full and cheerfully submit
whether tits Mr.. Rice or myself who
has been Influenced by personal mo.
ttyos:
C'fY ATTORNEYS OPINION.
Caldwell, Idaho, Aug. Is, 1896.
To the Hon. Mayor and Council of the
City Of CALDWELL:
Gehtiemen-ln answer to your ques
ton whether the bill of John @. Rice
for services of attorney in the appealed
case testing the legality of the organic.
alton of the City of Caldwell, is legal,
! just and correct in the amount of 500
| for services and $40 for costs expended,
/ respectfully submit the following:
Section 6, page SO, of Session Laws
1893, provides: "The Mayor with the
consent of the Council may appoint a
| city attorney who shall hold his
Office for one year unless sooner re
moved ny the Mayor"
Section :, page 80, of Session Laws
1 1893, provides: "The salaries of all
officers of the city shall be fixed by or
dinance."
Section Z, page 90, of Session Laws
1893, provides: "rhe city attorney
shall commence, prosecute, aud defend
all suits and actions necessary to be
commenced, prosecuted or defended on
behalf of the corporation"
Section 68, page liz, of Session Laws
| 1898, provides: i nor shall any
officer receive any pay or perquisites
from the city other than his salary as
1 fixed by ordinance and this chapter;
and neither the city council or board of
! trustees shall pay or appropriate any
money or other valuable thing to any
person not an officer for the perform
ance of any act, service or duty, the do.
ing or performance of which shall come
within the proper scope of the duties
of any officer of such corporation"
Section IS, page 100, same, provides:
"Fhe emoluments of no officer whose
election or appointment is required by
this chapter shall increase or diminish
during the term for which he shall
have been elected or appointed"
Ordinance No. G6 OF the City of Cald-
well this being the last ordinance pass
ed legally providing for the salaries
and fees of officers of CALDWELL pro-
vides: + the salary of the City
Attorney for each case in the Supreme
Court shall be $50"
On the 4th day of June, 1895, John
T. Morrison was appointed and con-
firmed the city attorney of the City OF
Caldwell and there is no record in the
Journal of Proceedings of the Council
showing his removal or resignation,
nor is there any record of the appoint
ment and confirmation of John G. Rice
as city attorney pending the proceed
ings in the case.
In addition to this, Mr.. Rice has
stated in the council meeting held Sept
9TH, 1896, that he was not appointed
city attorney by the Mayor and con-
firmed bh the Council, and that the ser
vices rendered by him in the case OF
Charles H. Hays VS.. AL, Steunenberg,
ct al were performed by him under and
pursuant to a specinl contract made
with T. G. Egleston, then Mayor of
Caldwell.
These being the facts, the City OF