The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-08-25

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lowing something less than e5.Qo0 Of
these bdls. and ordering tho city clerk
TO draw warrants for tne same upon the
money fhen in the hands or The city
treasurer Immediately upon tho passage
OF the ordinance Or. Hiycc arose md
made tie suggestion te The cNunc that
there was no use of l.avng q meeting Of
the city council next Thursday evening
ane that he desired the council 70 adj
ioun until q week from Thursday. Tho
council at that time was informed by the
city attorney that 1t couid not adjourn
over q regular meeting. and Immediately
thereafter the council adjourned with.
In two mlnuter after the adjournment
Or. Hlxon, without any authority, in
strreteI the city clerk not TO issue the
warrants provided for by the ordinance
Just passed Until he had seen the city
treasurer In the n-or.ing.
Tuesday evening, The day follow ing
the meeting Of the city councls the city
treasurer came to my office and pre-
sented the following letter.
Guthrie. Okla. Aug o. 1905
Hon James Hepburn city Attorney.
AlNAAiAN 0AAAlANAlAt'.f IVA. EllA s~A nave
been notified by the city Clerk OF the city
Of Guthrie that the city council ln special
session held 30 the city hal at o'c.ock
p. M. August n. 1905, passed an crdi-
nance transferring balances remaining
10 the credit OF the "A series funds in the
amount Of si,s31.53 to the creilt OF the
general fund. with the object IA view Of
issuing warrants against said general
fund ~ partially pay claims which have
been passed uTon ara allowed by said
council as whole in paymen, for SER
vices performed for said city Of Guthrie
during the latter part OF the Fiscal year
1904
Your official opinion and advice in
writing is requeeted as TO the proper pro-
cedure IN this matter. ana in the event
tho transfer above spoken OF is made I
would Ike your instructions IS to tho
proper disposition Of future tax COLI
icciions Of the year 1904.
You will favor me by giving your opin-
ion at the earliest possible moment Very
truly yours. c. r. Havighorst. City
Treasurer
After reading the letter informed the
city treasurer that the city council TO
expedite matters and save him con-
siderable work mad adertc1 his sugges-
uon in ths ia,a. dt Of these claims. and
that he well knew when be and Dr. Hix-
on submitted tEe proposition ma, it was
technically Illegal ana could only go
through Il no Objection vac made by
The city treasurer informed me tha. 30
carry out his own proposition he de-
sired The backing OF the city attorney
AND ,sas informed that he would GO. nc
backing from this ofiice 10 carry ou; any
Illegal proposition. Immediately trtns-
/ mitted q the city treasurer letter oI
which the following is a copy;
/ c. r. Havghorst, Esq. cry Treas
( Guthrie O IT, Dear SIR Yours Of N.
22nd inst informing me thar you Eav,
been no,ihed by the city clerk of the citl
OF Guthrie that the city council in speoia
session held al the city nan 90 p. M.
/ August 2ist, 1905, passed an ordinance
transferring balance remaining 70 th'
credit of me "H' series funds IN tn'
amount OF sASa1.5S 10 the cre1t OF th'
general fund with tho object in mind o
issuing warrants aEainst said genera
fund 70 partiany pay claims which have
been passed mon and allowed by sai
council as whole ia Payment Of ser
Vices performed Tor said ci,y Of Guth
rie during latter part Of nscal year O.
1904
7 also rot that you request my oaicia
opinion and advice m writing as 70 th.
proper procedure IN the matter. ana it
thc event The transfer above .polen O.
is made. you would ike my Instruction
as 20 the proper disposition Of future "a.
collections Of the year lsof
d. answer 10 your nrst question AS d
proper procedure VIII ssy the nityi coup
cil has no authority 40 nstuc. The clu
treasurer 10 place auy moneys 20 th
credit OF the general fund for che reaso
, that there is 40 such fund. Our sfat
hutcs create certain funds ana makacer
, tain provisions that ,he city council sinai
make a levy each year for these f'nd.
, It also provides that al moneys collect
: cd and paid over 20 the city treasure
shali be by MIN apfcyuoned 10 the yari
. ous funds thereby created in proportio
, 10 the various levics for the year 70
which such taNts were paid Am money
, now In your hands collected for the yea
, 1904, should be, by YOU apportioned Z
the various funds of thar year in pro
portion 20 The 7ovy OF the year 1904 Th
city council IS also authorized hy sttf
I ute that IN an cases where tncre D.
balance OF money remaining to the cred
, of any one of tre said funds o.. ihe cii,
aud unnecessary fov the pRNment of IA
T. expenses legally chars hlc 20 such in
, and fn ,4vo.es ~ the abIfr-f INNS ans