The herald., 1896-02-11
dunn TEARS Up TEALE
That Street Commissioners Re-
port Is In
PAVING OF MAIN STREET
Only Two Bids Ia for the Work aud it
Looks Funny
The City Engineer Asks and Is Given Leave to
PAVING OF MAIN STREET
The City Engineer Asks and Is Given Leave to
Expend $4,000 to Secure Evidence in
the Water Struggle

relative to the findings of the city auditor
in the matter Of the alleged overcharges in
the opening and the widening of some of
the streets of the city. Dunn goes into
the law and the alleged facts of the matter
very thoroughly. The report is, owing to
the importance of the subject matter dis
cussed, presented herewith in full, as fol-
lows:
In the matter of the report of the special
committee referred to me in connection
with the report of the auditor as to certain
alleged overcharGeS and expenditures OF
the commissioners for opening streets, l
have made careful examination of the
report of the COMMITTEES, and of the audi
tor, and have examined in connection
Herewith the reports made by tbs several
sets of commissioners to the council on
the several street improvements and the
items of charges and disbursements made
by them.
In view of the fact that these matters had
been referred to me for collection, l
deemed it best to make q more thorough
examination of the accounts than is shown
in the reports referred to me. and finding
upon such examination that the items set
forth in the report of your committee are
not all over-charges, and not therefore
collectible as such, l consider it my duty
to report to you the result OF my lnvesl-
Qations, with a statement OF these items of
expenditure and charges which under the
law may have been improperly paid, and
which should be returned to the several
funds to which they belong.
By the provisions of the law under which
these commissioners are appointed. they
shall receive such compensation for their
services as the council may determine
from time to time, not exceeding the sum
of 5000 per month each. By the terms of
the several ordinances under which they
were appointed, it is provided that they
shall receive for their services not exceed
ing 81 per day each for the time actually
employed upon the work.
Section 8 of the law provides that the
commissioners have power,to employ
such assistance as they deem necessary
and proper; also to provide such maps.
diagrams, plans, books, stationery, and
incur such incidental expenses as they
may deem necessary,
part of the aggregate in each case
claimed as oyercharges in these several
proceedings are sums ranging from $3.50
to $50, paid to the clerk of the several
boards, ostensibly for services rendered by
such clerk after the filing of the reports.
Aside from the fact that the reports con-
tain an estimate of the eXper ses to be in
Cured after the filing cf the reports, from
which estimated sums they could certainly
pay the services of the clerk, there is no
question but that the commissioners could
pay their clerk for services rendered after
the filing of the reports from any money
in the funds available for that purpose.
From my personal knowledge of the work
which the clerk is compelled to perform
after the filing of the reports in order to
buy the property to be taken, to obtain
proper deeds therefor, and the like, am
clearly of the opinion that the commissions
ers have not made Illegal payments to their
clerk, and that the matter OF his services
and compensation are wholly within the
discretion of the commissioners
AS to the several sums which the COM
missioners have paid to themselves for
services alleged to have been performed
after the filing of the reports. and which
sum seems to have been appropriated un-
der mistaken idea of their rights and
powers in the premises, and not through
any intention to disburse to themselves
sums to which in law they were not en-
titled, as to all such sums, with the excep-
ton of Ihrtieth street, think they should
be returned by them and paid into the sew
eral funds from which they were disbursed,
even though the total amounts received by
them may not be IN excess OF S4 per day
for the time actually employed by them.
While it is impossible for me to say
whether or not the commissioners have in
any case received sums in excess OF the
amount which under the ordinance fixing
their compensation they may have legally
paid to themselves, still as they have fixed
in their reports the amounts of their salar-
les they should in all good conscience re-
turn to the funds any amount which they
may have received in excess of the amount
stated in the report.
1t is my opinion that the commissioners
having once fixed the amount of their owI
salary for opening the street should not be
permitted to increase that compensation
unless it appeared that a further and un.
expected report is required of them, OF
that distribution of surplus funds is to be
made by them, as in the case of Thirneth
street.
While the commissioners may very prop.
erly pay all clerical or other help necessa.
ry to the final discharge of their duties, ]
believe that as to their personal services,
they are bound by the charge fixed by
themselves in the report, except as above
stated.
/ report as follows in detail upon the
several streets referred by you and GOV.
cred by the report of the special commit.
tee and the auditor:
Hill Straet-Hili street was a proceeding
for change of grade, and in which proceed
ing the mayor, engineer and street super
intendent acted as commissioners without
pay. The amount of expenditures fixed
by them and approved by the council were
as follows: Making maps, $685. clerk hire
$125; stationery. So.
The amounts paid out by them for ex.
penses were: To t. w. Young, for making
first map, $15; to w. G.. Schneider, for
services as clerk and making map, $135
Stoll q Thayer, stationery, 50.
On this street find there have been nc
over-charges and no expenditures made
which had not been previously authorized
and approved by the city council.
Norwood street-On Norwood street the
three several commissioners drew warrants
to themselves for the sum of $3.50 eact
ir excess of the amounts fixed in their re-
port to the council as their compensation
and these several amounts should be re
turned by them.
Vignes street-On this street the commits
eioners drew warrants in their own favor
for $3.50 each in excess of the amount OF
their compensation fixed in their report
and these several amounts should be re-
turned.
Darwin avenue-On this street the com.
missioners drew warrants in their favor fol
81 80 each in excess of the amount of sal.
ary fixed in their report, and these several
amounts should be returned.
Thirtieth street-On Thirtieth street the
amount fixed in the report as the compen.
sation of the commissioners was 1925.
After the filing of the report the matter
was delayed for a number of months by
reason of the fact that the estate of Bridget
Wilson was, and still is, in litigation. But
after the Wilson assessment had been
finally adjusted, the commissioners pur.
chased a lot at the head of Thirtieth street
which was necessary for the opening of
said street. They then sold the improve.
ments on said lot for the sum of $3.50, and
instead of reporting this amount to the
council and having the council order them