Los Angeles herald., 1907-04-09
TO STOP ABUSES
OF REQUISITIONS
CITY AUDITOR AND ATTORNEY
MAKE RULING
Bunch Of Demands Turned Down with
the Opinion That They Were
Not Authorized by the
Charter

City Auditor Mushet and City Attor-
ney Hewitt have set their official dis
approval on the old style Of requisi-
tions that, under the Bostwick regime
in the finance committee, were passed
along with the approval of the council
men.
Turning down a number of demands,
Mr. Hewitt yesterday went into the de-
tails governing such acquisitions which
will be law hereafter in all depart
ments Mr.. Hewitt said:
IT return herewith demands sent 10
the council at your meeting on March
IL by the city auditor with his report
stating his objections thereto. These
demands, together with the auditors re-
port, were referred to me.
II find that demands Nos. 1925,
16 ,296 and 1921 as shown by the dates
thereon, represent services rendered ana
supplies furnished prior to the date of
the acquisitions therefor; that demands
Nos. 16,303 and 1896 do not show
whether the work specified therein was
done prior or subsequent to the repuisi-
tions, and that as to demand No. 1896
there services were rendered, so far as
appears, on the same date the requisl-
ton bears. In no instance does it ap-
pear from the demands or the papers
attached thereto on what date the coun-
Gil passed the requisitions.
What Charter Provides
"The charter expressly provides that
the only manner in which any officer,
committee or agent of the city can binu
it for the payment of any sum of money
not exceeding $500 is in pursuance of
authority of the council, and it is OBJ
vious that such authority must be given
prior to the binding of the city. In any
case where an authorization is neces-
sary certainly the authorization must
precede the doing of the thing contem-
plated. Any other construction would
render the charter provision meaning
less.
"The failure of any of the demands
in question to give the itemized details
pointed out by the auditor is possibly
subject to correction, but a prior
authorization by the council is neces-
sary to enable any officer, committee
or agent of the city to obligate it for
the payment of any sum not exceeding
$500.
There are only two methods pre-
scribed in the charter whereby the city
can be bound for the payment of money
by contract
81. By a contract in writing made
after notice has been given inviting
proposals to perform the same, and let
to the lowest responsible bidder fur
nishing security for it's performance
satisfactory to the council, and
"2. When the amount thereof does
not exceed $500, by a resolution of
the council first had authorizing the
same, in which case a written contract
or previous advertisement inviting
is not necessary.
Provisions Clear
"The provisions of the charter are
in my opinion clear and positive. The
demands you have referred to me are
all for amounts less than $500, and
therefore no question as to the neces-
sity of a written contract is involved
therein. The vital point is whether
the council authorized the binding of
the city to the payment of the money
represented by these demands before
the services for supplies therein men
toned were performed or furnished as
the charter requires.
ANY demand based upon a requisi-
ton that has been ordered by the coun-
ell after services have been performed
or other supplies have been furnished, is
and shows that the charter
has been disregarded.
"The city cannot be bound by any
other manner than that prescribed by
the charter.
II am of the opinion that demand
against the city does not represent d |
contract Indebtedness legally incurred
unless it is either for a payment on a !
written contract regularly executed or
unless, if not such payment and is on
an account not exceeding $500, 1t is
founded on an authorization previously
given by the council.
"The fact seems to be conclusive that
no previous authority was given by the
council to bind the city as to any of
the above demands where the requis-
ton is of date subsequent to the fur
of the supplies or performance
Of the services therein specified.
"The conclusion is therefore that the
payments called for by such demands
were not authorized in the manner
by the charter and that
any indebtedness represented by such
demands was not lawfully incurred"