Worcester morning daily spy., 1898-01-11

treasury. Iue phldnCe Oh lHe SeCllOH re-
lating to the duties of the auditor, above
would seem to apply particularly to
bills presented by heads of departments
or boards of the city. In reference to all
such accounts he has the additional
duty of calling to the attention of the
persons presenting or approving the bill
any error or informality which he may
discover in it, and when such accounts
are found to be correctly cast and prop
erly approved the provision is that he
shall give his certificates for all bills
approved as aforesaid to the city treas
urer" This clause, although mandatory
in form, must be construed in connec-
ton with the preceding provisions of the
same section and must be held to be
limited, so far as 1t imposes specific
duty upon the auditor, by the previous
provision that he shall present all doubt
full bills and accounts to the mayor In
other words, think the provision of the
ordinance makes 1t the duty of the
auditor to examine all bills, and if they
seem to him to be doubtful for any rea-
son, on account of illegality, informal
ity, error or otherwise, 1t is then his
duty to present them to the mayor,
whose decision as to whether they
should be paid or not is final and bind
ing upon him and upon the city.
1t does not, however, make it the
auditors duty to go beyond the face Of
the bills as presented to him, as to the
/ form of which he has no power of direc-
ton, and inquire into the terms of the
original contract entered into by the
city with the person presenting the bill.
He has simply to examine the bills and
accounts in detail, but l do not think he
is required to so beyond what may ap-
pear upon such examination
If anything appears upon the face of
any bill or account presented which
would raise a doubt as to it's legality and
the liability of the city therefor on its
face, in the mind of a reasonably vigi-
liant official then it is the duty of the
auditor to call it to the attention of the
mayor If it is by him approved and
drawn for, the responsibility of the au-
ditor in reference to it is ended. If,
however, the bill or account is in the
proper form and bears nothing in itself
to arouse suspicion, and is properly ap-
( proved by the city official contracting
1 and authorized to contract the same
under the ordinances, the auditor is not
| bound, under existing ordinances, to
make any further or other inquiry in
reference to it.
| Nor is it possible for the auditor to
4 stop by his own unaided act the pay
ment of an Illegal bill which the city is
not bound at all to pay. All he is re-
quired to do under the ordinances is to
! call the matter to the attention of the
mayor. The approval by the auditor of
all bills and accounts is not made
prerequisite to their payment from the
| city treasury, although I believe as a
matter of practice, it is usually, if not
| always, required by the treasurer.
/ 1t would perhaps be possible to so
change the ordinances as to make the
auditor, rather than the mayor, the ul-
! innate Judge, whether bills should be
paid or not, but until further requested,
I will make no suggestions as to how
the ordinances should be changed in or
der to vest in the auditor the final deci-
sion of whether bills should be paid or
not, as it would be such radical de-
parture from the present ordinances,
and perhaps from the spirit of the char
\ ter as well, tina your honorable boards
might desire to further discuss the wis
dom of such a course before being spec!-
/ fically advised further by the solicitor
in reference to it.
IN CONCURRENCE
The following petitions were referred
John T. Sheedy, to renumber a portion
of Belmont street; Flora S. Goddard, re-
lief from surface water caused by the
construction of Institute road; James
Miles & Sons, for water pipes in Murray
avenue; Eleanor ]. Bigelow, sidewalk on
Vine street.
Orders were adopted as follows: In
structing the committee on police to
consider the advlsability of appointing
ten additional patrolmen i'm accordance
with the recommendation of the chief
of police in his last annual report; APP
proving the bond for $4,000 of City Audi
1 tor John F. Howell, the sureties being
A. Frank Gates, Thomas Monahan and
/ Waldo E. Sessions; for the appointment
of committee consisting of two alder
men and three common councilmen, to-
J gether with the mayor, the president of
the board of aldermen and the president
of the common council, to take into con-
sideration the matter of celebrating the
L semi-centennial of the incorporation of
( the city the appointive members are
: Aldermen Russell and Barrett, Council
men Williamson, Wall and OConnelD
for the appointment of joint special
committee to consist of the president
and two members of the board of alder
men and the president and three mem
/ bers OF the common council, to act with
1 the mayor, in all matters connected with
the dedication of the new city hall (the
appointive members are Aldermen
OConnell and Brannon, Councilmen
1 Williamson, Wall and O'ConnelD.
/
| the free public library, the commission
ers of the Jaques fund and other funds
of the city hospital, the superintendent
I of public buildings and the city auditor
/ were received and ordered placed on
file, the last two being taken from the
table where they were placed week
/ ago by the board of aldermen.
| Notices of the organization of the
| license board and the commissioners of
| +I,a Tao1,oe fund an5 other funds of the
/ city hospital for the year 1898, were
received.
| The committee on mayors inaugural
| and unfinished business reported. rec
ommending that SO much of the inaugu-
raj address as relates to grade crossings
be referred to the grade crossing com
mission, water to the committee on
water. liquor license commission. and
| Home farm and city relief to the COM
mittee on legislative matters, police de-
partment to the committee on police,
1 superviSion of wires to the committee on
lighting streets, street department to the
/ committee on streets. sewage depart
ment to the committee on sewers, the
new city hall to joint special com
mittee, and all unfinished business to
I the respective committees.
( IN BOARD OF ALDERMEN.
Alderman Russell resigned from the
I ioint standing committee on sewers. and
I Alderman Huot was substituted. Al
derman Mellen resigned from the COM
mittee on police. ard Alderman O'Con-
nell was appointed in his place. Alder
man O'Connell resigned from the com
nnittee on lighting streets. and Alder
man Mellen was appointed, When the
election of the public building depart
ment officials was in order. Alderman
O'Connell said he thought the common