The Palatka news and advertiser. [volume] (Palatka, Fla.) 1908-19??, 1916-02-04
PAATKA CHARTER BOARD (N[ANFALy
and [AV|SH[Y SPENDS PEOPLES MONEY
As Reward for Press "Puffs' and to Secure South
African Friendship of our Only ABE Potash"

at the legal rate would be nothing
less than a graft-something that no
city would stand for when run on bus
mess principles.
Under the State law boards of coun.
ty commissioners are prohibited from
spending more than three hundred
dollars of the peoples money without
securing bids on the contemplated
purchase. The City Council is not
subject to this law but The News sub
mits that it should be.
There is, however, a resolution of
the Council, adopted some time ago,
which prevents that body from MAX
ing purchases over a certain lesser
amount, without first securing bids.
On Tuesday morning bids for this
printing were submitted by The Pa
latka News, The Times-Herald and
The Daily Democrat. The Morning
Post refused to make another bid
said it had legal advice.
Before considering these bids, Mr..
Williams asked the City Attorney to
give him a written opinion covering
his rights and duties in the matter
This request was in the form of a
written communication to the City At
torney in which Mr.. Williams, the
city clerk, recited the action of the
Charter Board and said:
PURSUANT TO THE ACTION
OF THE CHARTER BOARD IN
AWARDING THE CONTRACT FOR
PUBLICATION TO H. P. NERWICEI,
l furnished Mr.. Norwich with copy
of the proposed charter as proposed
and adopted by the Charter Board,
and helped with part of the proof
reading"
Make Clerk the Scapegoat.
Replying to the communication of
Clerk Williams, Mr.. H. E. Merryday,
City Attorney, wrote his opinion as
follows:
February 2, 1916.
"Mr. w. A. Williams, Jr.,
"City Clerk,
"Palatka, Florida.
"Dear Mr.. Williams:
"In answer to your inquiry of even
date herewith as to your powers, au-
thority and duty with reference to the
publication Of the proposed charter of
the City Of Palatka, and basing our
opinion on the facts stated in your
letter, we beg to advise you as fol-
lows:
"Where duty is imposed on an Of
ficer or commissioner, the power and
authority to exercise and perform
that duty is implicitly given.
"Under Section II, Chapter 694O,
Laws of the State of Florida, known
as the Charter Board Act" it is
MADE THE DUTY OF THE CLERK
OR SECRETARY OF THE COUNCIL
OR LEGISLATIVE DEPARTMENT
OF THE CITY TO HAVE the pro-
posed charter or charter amendments,
together with a notice of the elec.
tion, published in a newspaper pub
lished in such city or town, once each
week for four consecutive weeks, next
preceding said election, the first pub
lication thereof to be not less than
twenty-five days prior thereto.
"When the Charter Board complet-
ed its work and adopted and signed
the proposed charter, it became the
duty of the Clerk of the Council to
have the proposed charter published
as required by law, and this duty de-
volved upon the Clerk without the in
tervention or act of any other board
or arm of the government.
at was the duty of the Clerk to
have the proposed charter published
so that the first publication thereof
would be not less than twenty-five
days prior to the election.
"F'rom the facts stated in your COM
munication, we are constrained to
conclude thatsyou performed this duty
when you gave the proposed charter
to Mr.. H. P. Norwich, Manager of
the Palatka Morning Post, for pub
lication; and having performed the
duty and given the publication to Mr..
Norwich, you could not entertain the
bids that have been submitted to you"
1t will thus be seen that the publ
cation will continue in The Palatka
Morning Post, and so continue on
MERE TECHNICALLY. Mr.. Will
liams as City Clerk, did actually PASS
THE COPY OF THE CHARTER TO
the publisher of the Morning Post.
But as he said in his letter to the
City Attorney, he did so "PURSU-
ANT TO THE ACTION OF THE
CHARTER BOARD IN AWARDING
THE CONTRACT FOR PUBLICA-
TION TO H. P. NERWICH."
The Palatka Times-Herald was the
lowest bidder. 1t made a price on
the publication of this proposed char
ter which in dollars and cents was ex-
actlv TWO HUNDRED FORTY-TWO
DOLLARS AND FIFTY-THREE
CENTS cheaper than the rate the
Charter Board illegally agreed to pay
the Palatka Morning Post.
The Palatka News did not expect
to get that business, though it made
a bid-BUT AS A TAX PAYER OF
THE CITY OF PALATKA 1T WAS
YESTERDAY, is NOW and WILL
FOREVER BE OPPOSED TO THE
ILLEGAL EXPENDITURE OF THE
PUBLIC FUNDS-even for Charter
purposes.
1t is reported that at the meeting
of the Charter Board at which this
publication was awarded, that Mr..
NJ, II