990022

22 Jud Report of Attorney On G N Alexanders petition for converting grade scrip into City scrip (see file #23 being the petition of G N Alexanders) FILED Jul 24 1884 clerk city of Seattle

Seattle W T July 18, 1884 Too the Honorable Mayor and Common Council of the City of Seattle Gentlemen: The petition of G N Alexander asking the judgement to him of the sum of $9819.20 in lieu of scrip issued to him on the Jackson Street improvement fund, (which scrip he has refused to accept) having been refered to you, I have the honor to report as follows: I recommend that said petition be respected: The matter being of great importance, I deem it my duty to give my views of the law, relating to the subject matter of this petition for the information said guidance of the Council. If these views are incorrect, my succesor will no doubt, discover that fact. The Common Council is the agent servant and representative of the people of this City. The City

as a municipality, is a creature of the lay, endowed only with such powers as are conferred by charter: The servants and representatives of the people of htis City have no powers outside of those conferred upon the city by charter. The City has no power to grade and improve the streets of the City by use of its general funds Street improvement can be made only by virtue of the power given and in the manner presecibed by Section 8 of the charter. The grading of streets can be paid for by special assessment on property fronting on the street imporved and in no other way. the petition mentioned asks for payment by the City for the grading and improving Jackson Street. A special tax had been levied for that purpose, but has not been paid. No general tax has been levied for the improvement of Jackson Street or of

any other street neither had the City power under the Charter to levy a general tax on the property for the purpose of paying for special improvements already made. If the position assumed is correct it follows that the City has no funds which could be legally appropriated to pay the claim of Mr Alexander. The funds of the City now on hand or which may come into the City's general fund was raided by levy for a different purpose and an attempt to misappropriate such funds could be stopped by injunction. Any [attempt] diversion of municipal property to purposed not authorized is illegal on the double ground of its being or breach of trust and also "Ultra Vires" "Green's Brice's Ultra Vires" page 58 Scrip or warrents have been issued to the claiment payable out of the "Jackson Street Improvement Fund" these warrants were issued on pursuance of the provisions ofthe cahrter and of

the City ordinances and also in compliance with the provision of the Contract between the City and said Claimant. "If by law, a particular clain is to be paid out of a 'special fund' a warrant or order issued therefor should be made payable out of that fund. if made payable from the Treasury generally by the officers issuing it the orporation is not bound by their act "Dillon on Munic Corp, sec 505. The claim in question being payable out of the special fund known as Jackson Street Improvement fund cannot be apid out of any other fund. The fact that Alexander refuses to accept the warrants issued on payment for work on the contract doen not change the rights or objections of the city in the least, in my judgement. He is bound by his contract to accept the same and asks for a different kind of payment he departs from the contract.