Waterbury evening Democrat., 1908-10-17
TIE BURPEE DILL
Brings Up n oId naiier-Ex- psrt Legal opISIsn Is Asked.

The committee appointed by the board of finance consisting of Martin Scully, Isadore Chase and A. E. Lord to consider the bill of Colonel Bur pee. amounting to $14,000, for ser vice in connection with the sewage disposal case, Is not satisfied that the back assessment question Is fin- ally disposed of notwithstanding that the city attorney advised former boards to that effect and he is still of the same opinion. But In view of the general feeling that the city Is not debarred from reopening that case at any time 1t so desired the committee does not feel warranted in taking action on Colonel Burpee's bill now before them without some further investigation as to whether or not the assessment matter Is set tied During Mir Elton's adminis- tration Colonel Burpee entered into an agreement with the board of fin- ance whereby he would employ an expert accountant to go over the books and agree to abide by. his find ing provided the city would do the same. The expert was to be satis- factory to the city and to be paid by Colonel Burpee. The proposition was accepted by the board of finance and approved by the aldermen.
 It was also part of the compact that Colonel Burpee file with the comptroller bond of $11,000 pend- ing the investigation. The colonel filed such a bond. MT Manvel of New York was agreed upon as the expert and he reported that the con- dition of the books was such they did not show that Colonel Burpee had collected any funds belonging to the city for which he had not in some way accounted. The report was something of disappointment in some quarters and City Attorney Kellogg was asked for an opinion as to whether 1t was final and bind ing on the city and he informed the aldermen that 1t was final and that the city was bound by it. The res port was finally accepted and order ed on file by the aldermen. At this same meeting Colonel Burpee pre- sented check for $15 1000 which hs claimed was more than he owed, but he wanted to give the city the ben eft of every reasonable doubt. The check was also accepted. Very lit- tie was heard about the matter since until Colonel Burpee presented his bill and people came forward and suggested that payment be deferred until the back assessment question was settled. The bill is big one, but so far as can be learned the committee would not hesitate about recommending that 1t be paid were 1t not for the other matter. The city has evidence to show that some- thing in the neighborhood of $11,- 900 was collected by Colonel Burpee or his agents, most of which is still charged against those who paid il on the comptroller's books. Wheth- CT Colonel Burpee turned this money over to the city or not Is something this committee Is not trying to find out. They were not appointed for that purpose and they are not ex- pressing an opinion on it, but they do want to know if the account is closed. They owe this to them selves as well as to the city.
 With a view of getting legal opin- ion on the question outside any heard from in the past the commit tee has had all the votes passed on this matter submitted to three at torneys, John O'Neill, James E. Rus sell and Charles G. Root, who will render joint opinion as to whether the report of the expert was final and the city stopped from further action in that direction. Nothing will be done about Colonel Burpee's bill until this opinion Is submitted.
 Aside from the city's and Colonel Burpee's interest in the case, the people who paid and still have the charges standing against them are entitled to some consideration. If the officials who claim they settled the matter so far as Colonel Burpee was concerned wanted to make a clean job of it, why did they leave taxpayers who had receipts to show that they had paid to stew over the mixup? Surely they were not at fault. If it should turn out that the incident is closed it is hoped that the present board of aldermen will instruct the comptroller to cross off all these items according as people come forward and show their re- ceipts. If this had been done at the time the experts report was acted upon that would have been the end of it, but so long as the account is open it is bound to crop up one in SO often, and 1t would be better to settle it now one way of the other. than let 1t drag along for another five or ten years.