The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1896-01-18
COUNCIL PRocEEplNes.

Council Chamber, City of Caldwell,
Monday, January 10, 1896. Council met
in regular session pursuant to adjourn
ment, present T. G. Egleston, mayor; D.
D. Campbell, Christopher Fahy, c. A.
Hand, S. d. Hartkopf, A. X. Steunen-
berg, &. j. Shorb, clerk; absent Geo. W.
Froman, when the following TRANSACT
lions were had:
Minutes read.
City Attorney Morrison addresses
the city council regarding the legal
status of the city's government, and
advises quo aOGrTGnto proceeding.
In the matter of show license, the
marshal, on motion, is authorized to
collect the past license due from the
Caldwell Opera House.
The city engineer presents plans and
specifications of proposed wagon
bridge to be built across Indian creek
at Third Avenue west. On motion the
matter was referred to the street COM
mittee, and the committee is instructed
to confer with the county commission
ers and report at next regular meeting.
Claim of j. z. Johnson in the sum of
80 %, for bedding for jail, was read,
and, on motion, allowed on the current
expense fund.
In the matter of the clerk refusing
to draw and countersign certain war
rants the clerk, by unanimous consent,
reads and filed his protest, which is as
follows:
To the Honorable Mayor and city
Council:
GENTLEMEN-A difference of opin-
ion having arisen between your honor
able body and myself, l desire to sub
init, for respectful consideration, the
reasons which have impelled me to de-
fer the drawing of certain warrants,
under the order ofethe council. The
claims involved are as follows: Ed.
Hedden, amounting to $3l; Caldwell
Record, amounting to $35; the Com.
mercial Bank, amounting to 1910, and
the claim of e. w. Cummings, amount
ing to 500. Taking these claims in
the order stated, l find that Mr.. He'd
len, the elected and acting city engin-
ser, bases his claim partially on a bill
for services in drawing maps for pro-
posed electric light and water works
plant. Section 6 of an act of the legis-
lature entitled, An act to provide for
the organization, government and pow
ers of cities and villages, provides for
the election of certain city officers
among them a city engineer. / pre-
sumo therefore it will not be seriously
commended that the city engineer is not
a city officer. 1 therefore assume that
Mr.. uedden is a city officer, subject to
all the general provisions of law apple,
able to city officers. Section which
now read is as follows:
Sec. Z. The salaries of all officers of
the city shall be fixed by ordinance.
From this, as Mr.. Hedden is a city
officer, 1 infer that his salary shall be
fixed by ordinance. Section 20 reads
IS follows:
Sec. 20. The city engineer shall make
estimates of the cost of all labor and
materials which may be done or fur.
nished by contract with the city, and
make all surveys, estimates, and calcu,
lations necessary to be made for the es
tablishment of grades, building of cul.
verts, sewers, bridges, curbings and
cutters, and the improvement of streets
and the erection and repair of build.
ings and shall perform such other du.
ties as the council may require. Be,
fore the city council shall make any
contract for building bridges or side.
walks, or for any work on the streets
or for any other work or improvement
an estimate of the cost thereof shall bt
made by the city engineer and submit
ted to the council, and no contract shall
be entered into for any work or i'm
provement for price exceeding suct
estimate; and in advertising for bids
for any such work the council shall
cause the amount of such estimate Il
be published Herewith.
This is a section to define the duties
: of the city engineer, and apprehend
that every member of the council viii
agree with me in stating that the ser
vices upon which Mr.. Hedden bases hi
claim come clearly within the scope o.
his duties. Here then, we have three
provisions of law, the first providing
for the election of city officer to b.
known as, and entitled, the city engin
= eer; the second, providing for the com
pensation of such officer, and the third
= defining his duties. Section Is, pag
l2O, which shall read is as follows:
Sec. IS. The emoluments of no off
Ger whose election or appointment isre
quiTed by this chapter shall increas
or deminish during the term for whicl
. he shall have been elected or appointed
And Section 68, page 1l2, contain
=. this language;
, Sec. 68. Nor shall any Office
receive any pay or perquisites from tn
city other than his salary as fixed b
ordinance and this chapter;
Section 6S CONVEYS clearly to m