Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1897-02-10
CAUSED A SURPRISE.
Cl!y Attorney Questions ]. L. Nays
Eligibility 10 Hold ONCE.
O,MEARA ON BRAVE FIRENEN.
Assistant Chief Donovan 10 Receive a
Medal-Much Dtbate--MIs-
cellaneous BusiDtss.

ing, Councilman hOInnoy chuseu "
he read q communication received by
him from the city attorney, relative TO
the furniahing Of n new bond by the
city treasurer. The communication
came as surprise to the members and
during its reading silence reigned
supreme.
1t will be remembered that at last
weeks meeting the Council adopted
resolution requesting the treasurer 10
furnish new bond within five days.
Mr.. May presented his bond last night,
in the sum OF s250,OO0, his suretits
being w. 8. McCornick, j. e. Dooly,
Matthew Cullen and A. Hsnauer.
The communication OF the city at
torney is as follows:
Councilman George Romney;
Dear Sir-In answer to your inquiries
in relation to now bond required TO be
given by the city treasurer, there Is
question which / suggest the Council
should consider, namely: Whether Mr..
May is at present eligible to the Office OF
city treasurer.
il is provided by section 1909, vol. l,
complied laws OF 1855, that no person
shall be eligible to any office in the city
government who Is deianlter to the cor
poration.
II the City Council approves new
bond for tho treasurer, knowing as 1t
does that q defalcation exists, and any
other or further shortage should happen
during the remainder of his term, tho
Council ought to expect that his sureties
I'D oh
upon the ground that tho treasurer was
disoualihed from holding Office at the
time tho new bond was approved by the
Council, and that they us aurelio5 were
not legally responsible for such shortage.
This view is emphasized by the fact that
the sureties on tho tfeasurer's BOND now
in suit deny their liability on the ground,
among others, that Mr.. May has never
been and is not now treasurer OF salt
Lake City, because he never qualified as
such; and nllego that they II, sureties or
otherwise never made, executed or doliv-
cred the bond sued upon.
The defense OF the treasurer, as shown
in his answ or in the suit referred to is in
substance that he does not owe the city
my money and that he is in no way re-
sponsible for the loss OF city funds by
the failure of the Bank of salt Lake, be-
cause, as he alleges, he simply held these
funds as bailee and not Otherwise. 1t
seems, however, from the records Of the
Third district court, that IN dealing with
the Bank OF salt Lake against which he
has recovered judgment for the lost
funds in the sum of SIS, 4O2.66, tho treas
l,rer treats this whole matter as If this
money were his own, and does not be-
long 10 the city; horoin ho abandons the
bailee industry.
This is shown by the fact that on Janu-
airy 18th last, without the consent or
.u.aa1 l. H.. Hte
10 far Us know, 10 assigned his judg-
ment against the Bank OF salt Lake "for
value received" to one Ii. IL. Rea as will
be seen by copy OF an assignment
hereto attached, the original of which is
part of the files in that suit
Whether under the circumstances a
new bond for Mr.. May should be APP
proved until the shortage referred to has
been made good is question for tho
Council to pass upon.
Councilman Romney WAS on his feet
as scou ae the recorder was through,
and eald;
"Wo all know that at the commence
ment OF the treasurer's termi bond
was filed when We have since been
told did not mske the boDusmen liable
for the loss OF funds entrusted to his
care. Therefore l believe IL absolutely
necessary that bsioTe we proceednn
further we should know what We are
doing, in order that we make no
further mistakes.
"With this object in view, as chair.
man of the financs committee l con-
suited the city attorney, whose opinion,
l take It's entitled to some weight and
consideration. He Is here tonight and
1 for one would like to hear from him.
81 wish II understood, however, that
ms far as l am Individually concerned,
/ have no feelings Of malice toward
the city treasurer. / am actuated
solsy by o desire to pursue the right
course, We are the custOdiRDs OF the
peoples money and our acts should be
governed accordingly"
Stewart moved that the communl-
cation, together with the bond, be re-
ferred to the finance committee, with
the city attorney associated.
O'Meara-I would like to know II
the new bond has been approved by
the Mayor
Romney--It has not.
O'MearG-Then IL has no business
here, taking up the time OF tho Coun-
oil. The law distinctly Gays th=t the
bond must be fret approved by tho
Mayor and then submitted to the
Council for their approval.
BY consent Romney read the law on
what constituted default.
O'Meara Ito Romney)-Do you cay
the treasurer Is defaultei?
Romney-Well, the money Is not
forthcoming.
Wiscomb-I object 10 any member
OF this Council calling j. j.. May a
deiaulter. The least We can do is to
wait until the question OF who is re-
sponsiole for the Lost funds has been
settled.
Romney--I do not say, neither do L
desire to be understood NJ saying that |
Mr.. May 10 n deiaulter, hut his answer |
Is now on file aud matter OF record.
At this junclure President New
ell called Wiecomb to the
chair anu addressing the Council said |
no regarded the proceedings "a
aerious mstter, both to the treasurer
and city government, and hoped the
Council would be fair.
cat last weeks melting" he con-
tinued, 1--WE adopted resolution
requesting him 10 furnish a new bond |
within five days. He has complied
with that request and what more can
we ask"
Mulvey was very sorry 10 think that
The city attorny should be 30 harsh
with the city treasurer. Hs character