Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1901-04-27

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been be previo ollsl made concerning
such expense, except as herein other
wise expressly p1oyi ded. 5s;ss25
he opinion il the case IS BY Wal
lin Bal, Watson 81 Maclay at
tor torlneys y for appel lants Newman,
Shading g stamb mba1lg attorneys for;
respond dents. $$z.3 E5S: 52 u
~ 4 the city council Of
the city Of Fargo, BY resol olution, at-
thorized the signing Of a nttract with
the Fargo Gas and Electric Light
Company By the terms Of which the
city was oblig gated to pay $500 per
month for, ighting the city No or-
Jdinance had been pr reviously passed,
;1.or had any provision been previous
made for leyies or appr opriations
ofSnoney to meet the 1expendi ditures re-
quired 10 be met BY the terms Of the
contract. The council, it seems, In
the month 1, following s. eptember
1895 ID pass an ordinance appro-
priating the sum OF $500 per month
for the year following and also $500
for the month of August just passed.
The contract was made previous to-
.slny alY y appropri riation being made by sor-.
3dinance, therefore the same was void.
Under this decision and construc-
tion@ Of the law it will be found that
q great many cities are paying out
public money wholly without warrant
$of law, and unusual imp rtance at
taches to the construction and OBJ.
servance of sections 2261-22G4 of. the.
Revised Codes. i: 5S sss u MAJ. Il S5sS
The syllabus OF the court is as fol
lows vs. ri s. III II ss$ s g3s :3z
S SS On August 9Th, 1895, il pursuance
Of q luton adopted by the city
council Sof the city Of Fargo, certain
ofh hcers Of the city Signed written
agreement il which the city Of Fargo
was described as party Of the second
part and the 3sF' F'argo Gas and Electric
=, e; 8 CO,
tion vas described as party of the
hrst part, and whereby the city agreed
to pay said corporation, in consider
alton of certain electric light agreed
to be furnished for lighting the city,
IL, = 7a.soo {. r.. i,
VIZ, ,e,,.iaa 8 10, ,s.,.s ro,,, - ia 49,.
q !, g, u ! o+ /, oo. = - ,,,,,
Z. ot 10 4. sr.,,,., tl,,, ,.fe,+
s 81, ! 10 - III 49,.
8 a,,t ,,, : 80
bea, J, as IS !, a,,;aa =, ~ ~
,,o;1 Do ,,,a i s
r q, ;ra / =, ha {. q ,,,,'S ~ ~ +
s. ,,,,,; T, ~ ~ a,,t =, :,
i 4 e s,,,a,, Z, !. i 11a,s
& 49,; J, 10 .,Se, s,,eA -
= y, "a, - 1eos: .tn.4 ~,
men ment was ultra l yires l. and 4 e void ;f- Z
I5s s# Held that inasmuchI as said agree
t}t11tSht$ AufO1XCunI LIZ uiSSEprdI1OA. VI puU-
lie funds in large amounts without
isauthority Of law and in violation OF
law, that an action will lie in behalf
lEcf a taxpayer to enioin such unlawful
isbursements. N I rs ,t,s$S ~
Held, that the provisions of section
2264 supra, are mandatory and pro-
ihlibitiyess and that no contract requir-
Ing 4 disburs senent Of city funds can
be made by the city council and no
expense can be incurred BY any city
officer or officers unless q previous
appropr priation has been made cover
ing the expense involved in the same.
Held, further, that all persons en-
tering into contractual relations with
Public corporations OF their officers
1are hargeable with notice OF their
poWers ana limitations upon their
powers. ssz.si