The Morning Tulsa daily world. [volume] (Tulsa, Okla.) 1919-1927, 1921-01-01
SEES CITY WINNER
IN TILT ON FUNDS
City Attorney Thinks Dis
trict Court Will Up
hold Transfer
LEGAL MOVE NECESSITY
Mandamus Proceedings TO Be
gin When Auditor Rejects
Warrants As Overdrawn

That tho district court VIII uphold
the mayor and clty commissioners In
the transfer of money from ono fuud
tu another was the lntimbtiuu given
to tho commission Ht its regular
meeting Friday morning by Guy At
torncy Frnnk H.. Duncan. The init
nation cam" after the cUumiFt"u
and. upon motion of l.ulicc Commis-
sioucr j. VI Addison, ordered ia
transfer of $500 from the fund for
feeding prisouors To- the gasoline AMI
oil fund ~ his department
Mrs seaman sun Bucks
The action OF tn" commission IN
ordering the transfer was IN begin
ming of the proposed test sui against
Mrs. Frank seaman. city auditor. to
determine whether the mayor and
commissioners have a legal right to
transfer money from on fund 10
another. Mrs Scnman had prcvi-
uusiv declared shc wuull not MAX"
such transfers because. che Is ad
Nlsed. they are Illegal
Duncan stated before Tho commits
sion Friday that at u meeting ut city
attorneys from all over the state at
oklahoma city Thursday h" asked
for an expression of opinions r'gnrd
ing ttansfots The various attorneys
were unanimous In saying that they
are legal Duncan contends further
that the oklahoma supreme court
has held that Ia" transfcrs can bc
made ut tho viii of the mayor AMI
commissioners
In GOING before the district court
for mandamus proceedings against
the city auditor the city commission
II reinforced by petitions containing
the names of several hund"od rroint-
IL.
funds should he trAusforrcd ~
deemed best aud for the host in
tcrnsta of the police department, es-
pccially during tho prcssn, "mor.
goncy while the department i' taxed
~ It's utmost in combating tho
crime wave that is sweeping the
countrv and Will II Is being fclt keen
ly In Tulsa.
Not Needed Tor Hoard.
Tho boarding fund tor prisoners Mt
the police station IL In . healthy CON
dition, lue 10 the establishing OF the
municipal Kitchen which has al
ready paid for Itself and which. It is
believed by Addison. viii continue
10 save approximately si.000 "a
month. He contends that AZ long as
this money In accommodating In one
fund. and that It will probably not
he used for tn" purposes OF that
fund. II should he transferred to n
fund where it ~ needed,
AZ the rasolinc ana oil fund for
the police department II virtually d.
plctcd II was decided tn transfer
from the prisoners feeding fund to
the gasoline fund, not only 10 test
the law hut because this was logical
transfer Ia make.
II IL probable. according to mcm-
hers " the city commission. that a
bill for gasoline, overdrawing the
depleted gasoline fund. viii he pre-
sented To the city auditor for the Is
suance OF n warrant In payment As
the resolution passed Friday author
lied Mrs, Seaman tn make the trans
fer, N VIII be assumed that II has
already been made. Tho auditor viii
doubtless refuse To make the trans
fer. whcraupon the mayor and COM
missioners will present the ease Ia
one OF the district judges for an Inn
me 1iatc decision.
This decision viii govern future
actions Of tho city com mission and
the city auditor,