The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-11-02
CAUSED DIRE
CONFUSION

absence OF u controlling resolution or ordinance
of the councils where there more bills
against certain appropriation than there is
money in this appropriation to pay, 10 say
what bills shall BE- preferred.
The controller cannot interfere with the dis.
erection of other municipal departments; his an
thority as to such departments extends only to
seeing that they do not exceed their appropria.
tions, or apply them to purposes not within
their proper scope. Commonwealth vs.. Fhila'
dclphia, rs W. n. c., 1881.
! have gone somewhat beyond tho inquiry
made: but it seems to me advisable TO define
the duties and powers of the city controller TO
some extent, as | find them laid down in the
law. so that misapprchcnsions and unfortunate
misunderstanding may not arise.
CONTROLLERS COMMUNICATION.
The reading of the above opinion
was Immediately followed by the read
ing of the following communication
from Controller Howell anent the re-
cent refusal of City Clerk Lavelle to
draw warrants FOR bills of City So
licitor Vosburg and the Barber AS
phalt company charged to the judg-
mcnts and incidentas appropriation.
for the reason that there were numer-
Gus prior claims:
November /, 1900.
To the Honorable Select and Common Council.
Gentlemen: / have to report that sundry bills,
duly approved by your honorable bodies, sent
in by me to be drawn, are held by the city
clerk for the reason that there are other claims
ante. o.dating these bills, which should be paid.
Your honorable bodies, hy ordinance, file OF
select council. No. 20, 1899. appropriated for tile
account of incidcntals and judgments the sum OF
$12,1I0.H, TO which sum by srndry transfers
added the sum OF Sl,17s47. in the month
of April. 1900, and further in September, 1909,
S$,217.20, balance remaining in the account OF
Purchase OF Nay Aug park
Your honorable bodies mIr know that there are
s,lndry judgments agains; the city agsregating
some $4,000. and the sum appropriated will so
but little way in payment of the same. y
number of these judgments. owing tn the faith
of the holders in the credit of the city, are held
and not presented for payment. In the payment
of any claim l do not 20 to your honorable
bodies. ard ask whether this or that one may be
paid. Under the act of May 23. 1880. certain dis
crctonary powers are vested in me, which may
be modified by action of the councils. As far as
possible these accounts paid on the same line
exactly, as that followed by my predecessor.
which may easily be verified by reference to the
books in my Office
TO remove any doubt that am correctly dis.
charging payments for city obligations in a
manner prescribed b. law, quote lines $50. 300.
2ol. Of the fiscal appropriation for tho year 1900:
''1he city controller is hereby authorized 10
charge all outstanding approved claims against
the city, not otherwise provided for by appro.
priation for general incidcnals and Judgments,
year l0O0'
CANNOT UNDERSTAND.
In the face OF this clearly expressed authoriza.
ton, I am unable to understand on what ground
the city clerk IrroSarcs to himself the power
vested in your honorable bodies by act OF as
scmbly.
In the refusal of the city clerk TO draw war.
rants duly approved by the councils for pay.
ment, am at loss 10 reconcile his action with
that of former years. Ii the city clerk, refuses
to draw warrants send him now, why did he in
1858 draw warrants No. S9.ll0 S9,l20. SS00?,
9i,207, s, o, 10, II. ~, 49, IA. 0oo5O, 81 81, 81,
SO, for bills current within the year cut OF the
account of judgments and incidcntals The same
conditions obtained in 1896 with Nos. T.321,
75,037, and with the nine whole pages of war.
rants charged to incdenals and judgments, mum,
bcrng consccutivcly from 16Go5 to I7,Ols all he.
ing for bills dated after, and paid out of the
fiscal year appropriation.
Out Of the small amount appropriated have
paid sundry judgments where the demand was
impOrtunate. In many | have paid claims
where the debtors threatened to put their claim
in Judgment and | ask if il is not better to do
So. rather than saddle additional costs of the
action on the city. Take, for example, the bill
OF the Barber Asphalt Paving company, sec or
~ u~''",., me VI .N.' .o''', ~. "o' '''v' '"t
a,Ia In',;a " s a. 10 'u y fo' "o''
incidcntoIs Tbis is ono hiu tha ci,s, rlcr,, 70.
fuses to draw. Is it better to pay it, or let
claimant put it in Judgment, cost of which the
city is to bear? Again | have sent to be drawn
sundry pay.rols, which may truly be claimed
as deficiency bllls. am not in favor OF creating
any ue''clehcy oiiis' nut wheh such ollis are
,a. ,,a,,,. ",,. "pPr P' Sou' no"o,ao,e n'u'ss
novment and osnsnnII,. ca ,rhora ,,,",. aro h;us
for labor. II there should be nm amount suf.
.fcient in judgments and incidentals, to nav
these bills for labor, it is hard to have to re-
f'isc payment to laboring men, who cannot az
tord I" wait ior their wages until the next fiscal
Se''r app,op'la''oh.
s,n,,h ~" ,nI1 y; .,'l ] a"'u H,", ~ n's oee,' "'l
;nci,lontnIs for th. ,o,Son ,bot ,ho nit'., am'
GERS are comucllcd lo finnish thc money out ~
their own pockets for the transaction of city
business. Meanwhile find the business of my
office impedcd by the action of the city clerk.
IL Wo"l" seem .hat some action OF the councils
,n'le'u'nr, r"'r h"norap'c oodie" mas b''t 10
''''~ '"S '' ''1 nav W ''''"'' '''"
CHlTTENDEN'S MOTION.
Mr., Chittenden moved that this let-
ter be referred to a special committees
apponted last August to invcstirate
something in the controllar's office
which never investigated. but which
was never discharged.
"A most singular condition of ar
fairs exists" said he. (Which ought 70
he cleared nm. Instead or pnvinp iudp-
ments out of this approximation tn,
controller kceps on paving other
claims and there always seems to he
- nal ,~,,,o,, ,or, L., .,,. ,,..,,.-.....,.