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

salary is provided, which clearly i'm
plies, as in the case of mayor and mem
bers of the council, that no salary was
intended. This ordinance was enacted
and published before Mr.. Hedden as
sumed the duties of Office, and he there
fore had due notice of the conditions
under which he was to serve. 1 am
not defending the justice of that ordi-
nance, or even entering upon its mer-
its, but there it stands and l am unable
to see how, in the face of it together
with the direct inhibitions of law as
contained in sections 68 and IS, this
council can allow the claim of Mr.. He'd
den or legally order me to draw and
countersign warrant upon the city
treasurer for the amount. l am not,
though, unmindful of the fact that
claims presented in this manner, here
tofore, by the city engineer have been
allowed and possibly this one would
have passed without objection had it
not involved other and more serious
questions to which l shall refer before
concluding.
The claim of Caldwell Record: This
is claim for printing estimates and
specifications for proposed electric
light aud water works. In the first
place it is not claimed that this print
ing was done in pursuance of estimates
and specifications made by the city en-
gineer, as provided by Sec. 20, page 100
of the law regulating such matters.
Neither does it appear that any COM
mittee of, or member of, the council
was authorized to order such printing.
Putting aside the propriety of allowing
unauthorized claims, we meet with
this difficulty: The expense is incur
red in connection with proposed cleo
trio light and water works for which
no provision was made in the annual
appropriation bill or general tax levy.
l shall point out the extent of this diff
Guilty in connection with the Cum.
mings's claim.
The claim of $40 is made by the
Commercial Bank for interest on mon
ey alleged to have been borrowed by
the corporation for the purpose of rec
ompensing one E. W. Cummings for
alleged services in connection with a
proposed electric light and water works.
This claim, it seems to me, is clearly
illegal. In the first instance, there is
nothing of record to indicate that the
mayor, or finance committee, or any
member of the city council or anybody
else was ordered or authorized to bor-
row 300 or any other sum for the pur-
pose of accomplishing Mr.. Cummings
or anybody else for services in cOnnec-
ton with proposed electric light and
water works plant. BY subdivision 20
of Sec. SO page III of the law, the Off
GERS of the corporation are authorized
to borrow money for certain purposes
and Sec. 88 page 1875 states what those
purpose are and how the council shall
proceed. read from Sec. IS:
Sec. 89. x y The city council or
board of trustees may, by a like vote "a
WO-thirds) order the mayor, chairman
of the board of trustees and finance
committee to borrow sufficient sum
to provide for the expense necessary to
be incurred in making any repairs or
restoration of improvements, the neces-
sity of which has arisen as is last above
mentioned, for space of time not eX-
ceeding the close of the next fiscal year,
= which sum, and the interest. shall be
: ! n1I RI hn 70 hn
= raised in the next general tax levy, and
ment be obtained against the corpora
, ton, the mayor or the board of trustees
, and finance committee, under sanction
of the city council or board of trustees
, may borrow sufficient amount to pay
l the same, for space of time not eX.
: ceeding the close of the next fiscal year
l which sum and interest shall, in like
manner be added to the amount auth.
l orized to be raised in the general tax
, levy of the next year and embraced
therein.
The city council is nowhere author.
| ICED to borrow money for purposes
| other than stated in Sec. 8S. But il
: such authority existed, there Is moth
ing in the record of the proceedings Of
I this council to indicate that any sucl
loan was authorized or negotiated as
: that for which the Commercial Banl
3 presents an interest bill.
Inow como to the consideration of thu
Cummings claim out of which all the
: foregoing claims grow and around
which they cluster in inseparable de
tendency. This claim is not now ant
: never has been legally or regularly be
. fore the city council. will now reaC
h Sec. 80 page 1872 of the act under which
|. this city obtained its corporate exist
s ence and in accordance with which al
its powers are, or should be, exercised
r Sec. so. All claims against the cit!
g or village must be presented to thu
Y council or trustees in writing, with
= full account of the items, verified b,
the oath of claimant, or his agent, tina