Todd v. Cormier
Todd v. Cormier
Opinion of the Court
delivered the opinion of the court.
The ordinance of 1891 declares that the treasurer “shall pay no funds out of the city treasury except on orders drawn by the city recorder therefor, under the order of the council, signed by the mayor and recorder.”
The pleadings admit the adoption of the 1913 charter and the copy received in evidence was admitted by both parties to be “the charter under which the city of Lebanon is now acting and was at all times mentioned in the petition and writ.” An examination of the charter will make it clear that the mayor need not countersign warrants on the city treasurer. When the council orders an account or demand to be paid the recorder must by the terms of Section 150 of the charter “draw a warrant on the treasurer for the amount ordered paid”; and Section 154 directs the treasurer to pay out moneys “upon warrants signed by the recorder.” Nowhere does the charter contain any provision making it the duty of the mayor to sign warrants. It is true that by Section 55 all ordinances existing at the time of the adoption of the charter and not inconsistent with it are preserved and continued, and that in addition to the duties expressly imposed by the charter, the mayor shall, under the terms of Section Í37, “perform such other duties * * as may be prescribed by * * any city ordinance not inconsistent” with the charter.
Turning again to Section 154 the charter directs the treasurer to pay out moneys “upon warrants signed
“in full for all general services rendered by him to the city as counsel for the city officers, and prosecuting all cases in the city courts; provided, however, that the council may allow such ether sums as shall be reasonable for extraordinary services, litigation in state or other outside courts, and necessary business trips outside the city.”
The contention of the defendant is that the words “extraordinary services” do not include anything more than “litigation in state or other outside courts, and necessary business trips outside the city.” Viewing the section in its entirety and giving effect to all the words found in the section would indicate that the
The plaintiff is not entitled to a writ commanding the mayor to sign the warrant held by the plaintiff and the judgment is therefore affirmed.
Aeeirmed. Rehearing Denied.
Reference
- Full Case Name
- TODD v. CORMIER, Mayor
- Status
- Published