The record-union., 1896-12-14
PROTECTION FOR THE CITY.
How to Guard Against a Glass Of Dam
age Suits.
Important Amendment That Should
be Made to the City
Charter.

1t would seem from the ruling OF the
superior Court, Judge Hinkson's de-
partment, that our city charter IS IN
need of amendment in one vital pa1flc-
ular for the protection of the inter-
estS of taxpayers. In a, suit for dam
ages to a garden below the city, be-
cause Of sewage discharge from the
city, damages are claimed. demand
was presented to the Trustees and re-
jected.
In the trial now going on the ques-
ton arising whether the demand was
properly itemized as required by sec
ticn 81 of the charter, the court held
that while it was not, that 1t did not
matter in this case, because there is no
requirement. that demand shall be pre-
sented at all where the claim Is for
damages; that in claims for acts ex
delicto the party claiming damages can
sue without presenting the demand 10
the Trustees, and that this Is due to
the omission from the city charter OF
the proper safeguard.
While the charter provides that no
claim or demand shall be considered
or allowed unless it is in a certain form
and complies with certain require
ments, this is not saying that a claim
for damages shall be presented before
being sued upon. In county govern
ment it is so provided, and it ought to
be likewise provided for city govern
ment That is to say, the city should
have opportunity to examine into and
pay or settle the claim for damages
without being taken into court and put
to the expense of litigation.
An amendment will be presented to
the Trustees tonight to cover this de-
feet and throw about the interests OF
he city the necessary safeguard against
being dragged into an action for dam
ages without opportunity to pass upon
the claim.
1t will be proposed that along With
the other amendments under consld-
Grafton by the City Trustees an amend
ment, given below, shall be included,
and it would be wise to do so, because
however much some may claim, and
not without sincerity and honesty or
belief, that the charter as it is carries
the claim into the Board of Trustees
as a matter of course, whether it be for
goods, services or damages, a court has
ruled to the contrary and fortifies its
decision with authorities, and by the
reading of the words of the charter.
The amendment proposed will clear
away all doubt and fix the matter be-
yond controversy. 1t is as follows
There is hereby added to the charter
a new section, to be known and num-
bered as Section 4112, to read as fol-
lows: Section Az. No demand upon
the City Treasury shall be presented
to, considered or acted upon by the
Board of Trustees, or allowed or ap-
proved by the board, unless it specifies
on it's face, in a manner to enable the
Board of Trustees to act intelli-
gently thereon, each several item
composing the same, and the
amount and date thereof; and no
action against the city shall be prose
cuted or maintained, whether it be for
damages or for other consideration, un-
til the demand therefor, itemized as
aforesaid, shall first have been present
ed to the Board of Trustees, and have
been rejected by said board. This sec
ton shall be the rule of action con-
STRUNG and interpreting this charter,
and repeating any part or parts of sec
tions in conflict Herewith.