Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-12-26
Councilmen in Various Iowa
Cities May Be Sued to Re
cover Excuses
ovERDRAFTs ARE QUITE LARGE
Fort Madison and Mt. Pleasant Not
able Instances-state investigation
of Books Reveals Wrongful condi-
tions-Totals Reach Into Hundreds
What the Law Implies.

Special TO Times-Republican.
Des Moines, Dec. 26.-State inspec-
ton of municipal affairs has disclosed
the fact that, city councils quite gen.
orally turnout the state of Iowa have
exceeded their authority in voting their
salaries and have drawn for their serv-
ices in excess of the amount provided
by the law.
1t is expected that in numerous in
against former aldermen to recover
from them money thus illegally col
lected, with interest. In some in
stances judgments in accordance would
fatty reimburse depleted city treas
uries.
A notable instance is furnished at
Fort Madison where it is discovered
that during the years 1901 and 1902
the largest amounts oyerdrawn, with
interest, were ;2O5 and s235 respect
lively. The last three years discloses
the overdrafts to be considerably
smaller.
The annual compensation of council
men is not to exceed s52, as provided
by statute The only member of the
present Mount Pleasant city council
who is caught in case of legal proceed
ings for any great amount is Alderman
Day, who has been serving all of the
five years in question.
The mayor has asked the present
council to authorize him to commence
proceedings to collect the several
take part in the matter he has an
nounced that he will undertake on his
own initiative to take the proper steps.
However, as to the overdrawn salar-
les the authority of the mayor to COM
pei the return is not doubted. II prev
ious councils had construed the law as
did the members last year, nobody
doubts that they would have allowed
themselves any more than they were
entitled to.
Notwithstanding the fact that it is
generally conceded that the remuner-
alton provided by statute for nen sery-
ing as councilmen is small, the law
reads: '"The compensation of council
men in all other cities ethan those of
first class shall receive not to exceed
81 each for every regular or special
meeting and in the aggregate not ex-
ceeding $50 in one year"
For many years councilmen have
construed this to mean that they could
draw $50 per year regardless of the
number of meetings held and have
voted to allow themselves such sums
at the close Of each fiscal year. Last
year, however, the point was raised
that this was clearly illegal and the
council examined the law on the mat
ter little more fully and finally de-
cided that they were entitled to but 81
for each meeting held.
1t is now claimed by some that each
member should be locked for the meet
ings at which he was not actually pres
sent If this be true the overdrafts of
some Iowa councilmen will run into
good sized amounts. The state exam
liners in making their list Of money lille
gally expended assumed this interpre-
tation of the law and placed the pres
ent aldermen on the list.
In Mount Pleasant the total over
drafts discovered caused by this nature
of illegal expenditures, without inter
est, amounts to 1855. Additional to this
ex-Superintendent Green is alleged to
have overdrawn approximately $3.50. so
that the investigation shows there
should be returned to the Mount Pleas
ant city treasury $705.S4. 1t is to re-
cover this amount that the mayor is de-
termined to institute proceedings The
expense of the state investigation of
the public accounts of Mount Pleas
ant was $225.19.
If the same ruling as regards the law
governing compensations of aldermen
is appealed to by Iowa cities it is ex-
pected there will be many demands up
on former aldermen for refunds of
oyerdraWn salaries.