Omaha daily bee., 1908-05-13
KIMBALL DRAWS THE LINE
Attorney Reports on Respective
Duties of the Mayor and Council.
BIDS FOR SUPPLIES FOR CITY
Owing 20 sickness of Member of Conn
mittee No Report Is Made on che
Proposition to Erect New
Central Fire station.

| Clty SOncltOr kimDaH nanded down at
the meeting of the city council last night
written opinion defining the powers of
the mayor and those of the standing COM
mittees of the council relative to the con-
| troll Of appontive officers of the city and
the work OF the different municipal depart
ments. The clerk was instructed to have
copy Of the opinion made for each mem
Der Of the council so that he could read,
mark, learn and inwardly digest it."
The opinion follows;
Under chapter 26 of the laws Of the
Twenty-second General Assembly, which
went into effect on the 30th day of March,
1907, the mayor was given additional pow
ers over those formerly exercised by him.
He was given the appointment and super
vision of the health physician or city phy-
stefan, street commissioner and such other
officers as shall be provided by ordinance,
which include in our city, by ordinance
then and since in force, superintendent of
markets, poll tax collector, pound keeper
custodian of city hall, food Inspector and
electrician. all Of which are offices form
erly filled by the city council. The APP
pointment of persons to these offices by
the mayor contemplate that the functions
OF such officers were largely or wholly
executive.
BY the same act all executive functions,
powers and duties shall be exercised and
performed by the mayor and other elect
law and neither the council nor the MEM
bers thereof shall exercise any executive
function unless expressly conferred by law.
Line Hard to Draw.
II is often difficult to draw a line be-
tween executive powers and duties and leg
islative powers and duties, the former OF
which belong to the mayor and the latter
to the council, but a general distinction can
easily be made. 1t is the duty of the mayor
as executive to have general supervision of
the appointive officers and to the extent
ofsceps s 20 oiie see tSaf t5e 0i sieeSVs
regulations of the city are inforced and to
see that all officers perform the duties de-
volving upon them In my judgment it Is
his duty to see that the streets and alleys
are kept in a proper and safe condition.
The street supervisor is directly answerable
to the mayor in all mat ers OF immediate re-
pairs made necessary to protect the public
from danger. The mayor should have
charge of the street commissioner in keep
ing the streets clean and free from accum-
ulating filth and the mayor should see that
the sidewalks are kept unimpeded and safe
to pedestrians and the public. The street
supervisor and those working under him are
directly answerable to the mayor and sub
ject to removal by him for good reasons.
which must be given in writing and filed
with the city clerk The same is true of
the other appointive officers above named
The mayor should require, or the street
commissioner under him should attend to-
the making of any immediate repair neces-
sary to- prevent accident But such super
vision should not contemplate or include
necessary permanent repairs requiring any
large expenditure of money. Thus If few
bricks are displaced in sidewalk, making
the same dangerous. 1t should be mmedi-
ately repaired under the supervision of the
mayor. But if'by reason of flood a large
portion of the sidewalk is washed away 1t
Is matter for legislation and not executive
supervision. Since the mayor has super
vision of the officers Of the city he may
makes all necessary rules and regulations
with respect, to accounts, reports, care of
property belonging to the departments un-
der him. as he may deem advisable to best
carrying out the purposes of the executive
department and IL becomes the duty of the
city officers TO assist him in all these mat
ters
All legislation belongs particularly to the
city council. In extensive cleaning of the
streets, as the removal Of a large amount
OF earth caused by flood and which re-
quires any considerable expenditure OF
money, should first be authorized by the
ity council and II made dangerous to the
public the obstruction should be barricaded
by the executive department until the coun-
ell can act In the matter. Any substantial
streets, renewing approaches TO crossings,
resurfacing pavement, renewing a floor
Ing or pavement of bridge. painting build
ings or bridges, making additions or alter
ations in any of the city streets, buildings
or property are purely legislative functions
TO be exercised by the council
Reign of Council.
The city council has exclusively the
right to determine compensation of Of
1leers or employees except where other
wise provided by law, as persons working
the number of policemen and persons to
be employed under the street commissioner
ana other appointive officers: In my opin-
ION. however, the mayor his appointive
ofticers, should have the right to desig-
nate who shall work under them except
Mhere otherwise provided by statute, as in
the case of persons working poll tax. But
ms applies only, of course, to persons per-
forming the work under the executive Of
employ men to make permanent repairs on
sidewalks bridges, buildings and city prom
erty and may employ men for such work
on a salary or by the day where needed
and where most economical to the CITY and
WShere the question of taxing the cost of
IS not nvoSed 70 Sei''inE whe hropeF5y t5s
street supervisor and the man under him
are directly answerable to the mayor they
OF the city council and may be required,
with such help as may be furnished bv
IN. tne sity council. to remove excessive OBJ
repairs when advisable for the best inter-
ests OF the city. The mayor and the city
council should work together In barnonS, |
in these matters, each seeking 10 aid DE
other, the mayor at all times reporting the
necessity OF any legislation or legislative
executive action iSr
To avoid friction in the question Of i'm
medlate renairs ! would recommend that
Rule S Of the rules Of the council he
amended 10 read that the mayor or no
s1y shsl have the power to create
ceed 50 eNc@pt on written order signed nv |
a majority Of the whole council
Bids for Supplies.
Bids for furnishing the usual city SUP.
plies were opened and referred TO the
clerk for tabulation. Several bids which
were filed after the hour named In the ad- |
Nertisement and some which were without
the necessary bond were not recognized |
As theIe was only one bid for lumber and
that wns without the required bond, the |
clerk was instructed to readvertise for bids |
which are to be in by noon Of MAY 25
The contract for furnishing meals to in !
mates or the city Jail was again awarded |
TO ]. f.. Brooks at Is cents per meal |
whether It be the full menu or diet OF |
bread and water.
Councilman Mcmillan finally carried his |
point about the opening Of Eleventh street |
Tor which the Walker Manufacturing com |
pany has fought so long. on his motion |
the city marshal was directed 10 notify /
Droge Brothers to at once remove their |
corn crib from the street and to notify the |
Great Western railroad 10 at once nlacal tr /