Winship v. Municipal Assembly of Manatí
Winship v. Municipal Assembly of Manatí
Opinion of the Court
delivered the opinion of the Court.
The Municipal Assembly of Manatí, in an impeachment proceeding, exonerated the mayor on the theory that fifty-six charges formulated and submitted by the Governor of Puerto Bico had not been established beyond a reasonable doubt.
The first six charges were, in substance, that the mayor, after collecting money for the purchase of fire hose and the repair of fire hydrants, had appropriated the same and had spent it for other purposes without having deposited it in the municipal treasury.
The first charge specified a check received from Jaime Calaf, December 17, 1937. In a preliminary investigation, Calaf had stated that this cheek represented a donation for the purchase of fire hose. In the course of the impeachment proceeding, he testified that this donation had been made for the purpose of repairing the streets and that another check, dated May 13, had been given for the purchase of fire hose. The check of December 17 was not deposited in the municipal treasury. It was endorsed by the mayor and delivered by him to Eliseo Martinez in payment for certain tools which were used in repairing the streets. The check was cashed by the treasurer at the request of Martinez, who did not endorse it but received the proceeds.
The second charge specified a check for $75 signed by Victor Garcia. It represented a donation of $50 by Garcia and $25 by Eamón Menéndez. García was a member of the commission which visited most of the insurance companies in San Juan, soliciting contributions for the purchase of fire hose and the repair of fire hydrants. The mayor was also a member of this commission. Both donations were made for the purpose indicated. The mayor told Menéndez that
Tbe third charge specified $10 received from Manuel San Juan, March 31, 1937. The municipal treasurer cashed a check for this amount payable to tbe order of tbe mayor, and presented by him. Neither tbe check, nor tbe money received by tbe mayor from tbe treasurer, was deposited in tbe municipal treasury at that time. Later, tbe mayor deposited tbe larger sums already mentioned. The last of these deposits was accompanied by a list of donors. San Juan’s name did not appear on this list.
Tbe fourth charge specified $20 reecived from A. Trigo & Go. April 26, 1937. Tbe check was received by García and delivered by him to tbe mayor. It was payable to García or to bis order, endorsed by him, by Orestes Ramos, and by tbe Aquarium Bar Co. for deposit to its account.
Tbe fifth charge specified $10 received from Albert E. Lee & Son, Inc. April 26, 1937. Tbe sixth specified $5 received from Adolph Steffens April 30, 1937. Both checks were payable to Garcia or bis order. Both were endorsed by Garcia and by tbe mayor and deposited by tbe mayor to bis account in tbe National City Bank, July 30, 1937.
On cross examination: The $114.64 was deposited for the repair of streets. Witness did not know who the donors were; the list was not delivered. It had been the invariable custom in accordance with the auditor’s rules and regulations to state the names of the donors.
On re-direct: The $114.64 was for street cleaning; the $91.57 for the repair of streets, the $99.30 for hospital maintenance. On further cross examination: The $114.64 was delivered by the mayor as a donation for street cleaning. It was not the surplus of any donation for fire hose and fire1 hydrants deposited by virtue of any resolution passed by the administrative board. The original entry of the $114.64. was for street cleaning; it was used for that purpose. The $91.57 entered, as a donation for the repair of streets was not the surplus of any donation made to the municipality for the purchase of fire hose and fire hydrants. The $91.57 was not deposited in the municipal treasury by any resolution of the municipal administrative board as the surplus of any donation made for the purchase of fire hose. The $99.30 deposited for maintenance of the municipal hospital was not the surplus of any donation made to the municipality for the purchase of fire hose and fire hydrants. The $99.30 did not enter the municipal treasury by virtue of any resolution of the municipal administrative board as the surplus of any donation for the purchase of fire hose or fire hydrants. The donation of $99.30 did not enter the municipal treasury as the surplus of any donation made for the purchase of fire hose or fire hydrants by virtue of any resolution of the municipal administrative board. On February 26, 1938, the
On further re-direct: That money was used for legitimate municipal purposes and was not appropriated by the mayor; it was used for the purposes indicated.
Mamerto Vigo, a mechanic, identified a receipted bill, dated June 20, 1937,' of $48 for the repair of six hydrants. The bill represented work done for the municipality. It was paid by the mayor in cash. Witness had refused to do the work for the municipality, and the mayor said he would pay for it. Witness demanded cash payment. The mayor offered to pay in checks which witness refused to accept. On the following day the account was paid in cash.
On cross examination: Witness did not present his account to the municipality. He told the mayor he would not do any more work for the municipality; he did the work on the mayor’s promise to pay for it; payment was made June 21, 1937, the day after the date of the bill. The mayor sent for the hydrant and witness refused to deliver it. Witness had presented a bill in the form of a carbon copy to the mayor in his name, and the mayor had told him to put it in the name, of the municipality. Witness had always had billheads. The billhead for the statement of June 20, 1937, was printed by Miranda. Witness did not remember the date. It might have been in February, 1938.
On re-direct: Witness had not said that this was the first statement which he gave the mayor; witness had stated that he had given the mayor a statement in the form of a carbon copy'and that the mayor had not wanted it because it did not have the name of witness and witness had to give him the other statement.
On further cross examination: Witness had given the mayor the last statement within a month or two before the
On further re-direct: The second statement was based on the first and the mayor kept them both. The first statement read: “Virgilio Bamos Muñiz” and he wanted it to read: “Municipality of Manatí.” The work had been done for the municipality. The second statement was a copy of the first.
Virgilio Bamos Muniz testified: Witness was a merchant, a farmer' and had been for some eighteen months, since January 11,1937, the Mayor of Manatí. The municipal assembly had not been permitted to enter upon the discharge of its official duties. It had begun to function for the first time within the past two months. Witness, during some sixteen months, had been working without a municipal assembly. During the months of March to June 1937, witness was collecting money. Most of the time he was acting alone; at time he was accompanied by others. The outgoing administration left things in a deplorable condition as do all political parties. Witness was obliged to collect money. He received from Víctor García a donation of $50. Garcia said: “I give you the $50 and as much as you ask; go ahead and don’t worry.” Bamón Menéndez gave witness $25 through Gar-cía; García gave it to witness to he used as witness might see fit, and charged it to Menéndez. These two donations were included in a single check. It had no relation to any donation for fire hose or hydrants. The money collected for fire hydrants was aside from the $75. Witness cashed the check in the safe at his place of business. There were no hanks in Manatí and he had accounts in The National City Bank and the Banco Popular in San Juan. He did not remember what he did with the check. He had heard the testimony of employees of the General Motors Acceptance Corporation that the check had been given in payment of a note given for the purpose of an automobile. Witness was the surety for the automobile; witness did not remember whether he had paid as surety or whether he had given it
On cross examination:
When witness took charge, he found on hand $900 for six months. Out of a budget of $83,000, he needed $42,000 for the six months and had only $900. He had to find $39,000 to carry on the administration for six months. A donation of February 2, 1937, by Gabriel Martinez for the repair of streets, was a more or less involuntary donation extracted from the donor by witness. A donation received from Jaime Calaf was for the repair of Celis Aguilera Street. The $114.64 was regarded by witness as having come directly from the party funds. Either the $114.64, or the $91.57, was taken by witness out of the party administration. As to the other, witness did not remember. One for public cleaning came out of the party and one for the repair of streets came out of the .party. The hospital maintenance came out of funds solicited by witness. An item of $95 of February 26, 1938, for hospital maintenance was solicited by witness. When the collection for fire hose and for the repair of hydrants had been completed, there was no auditor. There was a treasurer. The auditor was sick during the latter part of June, 1937. Witness believed it unnecessary to deposit the checks before completing the collection. He did not deposit the money in the municipal treasury. Witness "was surety for the auto
On re-direct:
The donations which appeared as having been deposited June 20, June 24 and June 30 of $114, $91 and $99 were deposited in the treasury for the purposes indicated,- perhaps if there had been an assembly they might have been changed; the corresponding expenses were being paid from those items. There was an item in the budget for the repair of fire hydrants; it had been overdrawn in June, 1937. If the money collected for the repair of fire hydrants had been deposited as a fund for that purpose, it would have been necessary to meet the overdraft, or the money might have gone to satisfy outstanding certificates which could not be paid out of other funds; if witness had deposited the money all that he had done might have come to naught. When witness took charge, the hospital account had been overdrawn to the amount of $6.69. It was still overdrawn, June 30. If witness had made the deposit, the result would have been the same. All the money had been used for municipal purposes; if more money had been available, witness would have spent it.
Had furnished supplies for the municipal hospital. In a letter of June 30, 1937, witness had informed the mayor that unless the account was paid, he could not continue to furnish supplies. The municipality owed him at that time $357.45 for provisions furnished the hospital during* April, May and June. The mayor had paid $290.50 July 1 in cash.
On cross-examination:
"Witness had a working* capital of $1,500, more or less. He did a credit business. He sent the municipality a statement June 30. He had sent the municipality monthly statements. The $357.45 was for April, May and June. He did not remember the amount for April, but he had sent the statement. The letter was written June 30, not afterwards. Witness had sent the monthly-statements. The orders had come from the hospital. They were written by the superintendent,’ not by the director of charities. Witness did not receive orders from the municipality, only orders from the superintendent, but he believed they had been signed by the mayor. The orders were sent by the superintendent. Witness had no order from the director of charities, no order signed by the director of charities. The mayor in person had paid witness $280, June 30. The indebtedness amounted to $357.45 at that time. Monthly statements of account had been rendered. Witness had retained the notes in his place of business and had sent a statement of account at the end of each month and had enclosed the orders. Witness had sent twenty-eight invoices corresponding to the month of March, 1937, to the municipality in a statement of account. He did not remember whether he had signed them.1 They would send witness the note from the hospital, and he would copy it in triplicate in a book; he would keep a triplicate and at the end of the month put down: “According to note: $2.76; March 2, March 3.” The account for the month of March had been paid by the auditor. Witness had written thirty-three invoices corresponding to the month of April and others
On re-direct:
As the municipality had been paying regularly since the first of July, the balance, the difference between $357 and $290 was still pending. Witness had tried to collect, but the balance was still pending.
Alberto Montes, in rebuttal, after identifying a journal and a ledger as the books which he had kept:
The journal had been used for daily entries; but sometimes these had been made directly in the ledger. The entry of $290-50 had been made directly in the ledger. That item had not been entered in the journal. The balance for June 30, 1937 amounted to $457.25.. The $290 was credited July 1, 1937. The balance brought forward was $166.75. The balance of $457.25 was on page 88 of the ledger. The $290 was credited on that page. The balance was $166.75. It was brought forward to page 99. There had been an error in the date of entry- There was an erasure on page 99. It appeared as of June 1. Witness had made a mistake. The balance was brought forward July 1. There was another slight error. It appeared as 19, but it was July 1. Then witness had received a check from the municipality July 20 for $99.30 which left a balance of $67.45. The date 19 was a mistake. It might have been an error that all the numbers subsequent to the balance of $166.75 on page 99 appeared to have been erased and new numbers written in. Witness did not have any liquid; the erasures of the entries, numbers 1 to 20 in the column of balances on page 99, must have been made with a rubber.
On cross-examination:
Witness had not studied accounting; had no had any experience in accounting.. There had been many other mis
Asked on re-direct to find other erasures in the ledger, witness turned to page 12 and pointed out an entry of May 18. Asked to find a page other than 99 where something had been erased instead of being crossed out, witness made no answer. After the question had been repeated, witness referred to the account of Francisco R. Silva. His attention having been called to the fact that this was not an erasure, he answered that it had been crossed out. Asked to examine' the ledger page by page in search of another erasure similar to those en page 99, he answered that there was none “made with a lead pencil”. There were various instances where one number had been crossed out and another substituted. Asked as to what had been his usual procedure when a mistake had been made in the ledger, witness answered: “To cross out or to erase”. Asked whether, notwithstanding that practice, there was only one erasure and many things crossed out, he answered that the municipal account had been the largest. He did not know whether there was another erasure in the rest of the book.
On further redirect:
Witness had examined the ledger page by page in order to ascertain whether there were other erasures like those on page 99 and had found none.
On further cross-examination.
The erasure on page 99 had been in a single column. The book had three columns: “Debit, Credit and Balances.” When witness had entered the $166.75, he had placed it in the debit column. If the numbers of page 99 had not been
On further redirect:
Witness did not remember when he had noticed the mistake which made necessary the erasures on page 99. There had been a mistake in the first entry of $166.75, it had to come in the debit column, then witness had begun to erase in order to balance. The last erasure on page 99 was the item of March 31, 1938. Witness did not remember whether he had noticed the mistake after March 1 (sic), 1938.
We have before us photostatic copies of pages 58 and 99 of the ledger. The first entry on page 99 is dated July 19. The 9 in the 19 appears to have been superimposed on another number. The item appears to have been brought forward from page 88 and is entered in the balance column as $166.75. The photostatic copy shows clearly that an erasure had been made before the $166.75 was first written in and then crossed out. The second entry is also dated July 19. The 19 appears to have been written over a number 2 or over some number containing that digit. In the debit column is written $166.46. In line with this, the same amount appears in the balance column. It appears to have been written over an erasure. The next entry dated July 20, shows a credit of $99.30 and the balance of $67.45. The $67.45 appears to have been written over an erasure. All the other balances to March 31, appear to have been written over erasures. Obviously the mistake in the first or second entry — if it was a mistake — had not been discovered prior to March 31, 1938. Otherwise it would not have been necessary to erase and correct the balance of that date. Assuming for the sake of argument, that there had been a mistake in the first or second entry, the necessity for erasing and rewriting all subsequent balances to March 31, is not very apparent. On January 31, an error of three cents had been
The investigation which gave rise to the impeachment proceeding began in Manatí, March 29, 1938. The investigator had an interview with the mayor in the afternoon of March 30. The account on page 88 of the Montes’ ledger covered the first half only of that page. If the credit of $290.50 had not been entered on July 1,1937, and if the mayor on March 31, 1938, had desired to make such an entry with the consent and cooperation of Montes, there was nothing on page 88 to prevent it. The logical explanation of the erasures and alterations on page 99 would seem to be that the final entry on page 88 was not made on July 1, 1937, but on March 31, 1938.
The receipted bill, offered in evidence to support the claim that $48 had been paid to Vigo, June 20, 1937, was also an antedated afterthought. The mayor obtained the receipted bill after the investigation was under way shortly
In tbe view we take of tbe case and in view of tbe conclusion reached by tbe municipal assembly, it may be conceded for tbe purposes of tbis opinion, that tbe mayor paid Vigo $48, either June 20, 1937, or at least, a month or more prior to August 16, 1938. It may be conceded that be paid Montes $290.50 on or about March 31, 1938. It may be conceded that an amount equivalent to that of tbe Garcia check for $75.00 — with which tbe mayor, some months before bad discharged a personal obligation — was included in tbe $290.50. It may be conceded that tbe proceeds of other checks representing donations for fire hose and fire hydrants were included in tbe $290.50. Hence, it may even be' conceded without bolding, that he, did not, with intent to defraud tbe municipality, definitely appropriate to bis own use' any of tbe money donated for tbe purchase of fire hose and the repair of fire hydrants.
Tbe mayor was a- business man. Tbe monthly volume of bis business amounted to not less than $2,000. He bad two bank accounts, one in tbe National City Bank and another in tbe Banco Popular. Mamerto Vigo’s objection to checks could bave been easily met. It is hardly conceivable that be could not have been induced to accept tbe mayor’s personal check, if for instance, the mayor bad offered to accompany him to tbe office of tbe municipal treasurer and see that it was paid. Tbe mayor bad experienced no difficulty in cashing other checks in tbis manner, including one of tbe Calaf checks for $100. It does not appear that Montes bad any objection to checks and if be were in fact paid July 1,' 1937, there was no reason why be should not bave been paid
None of the money collected for the purchase of fire hose and the repair of fire hydrants was ever deposited in the municipal treasury as required by the rules and regulations. If the alleged payment of $48 to Vigo was a bona> fide transaction, there was nothing to prevent a deposit in a special fund, and the issuance of a warrant by the auditor, and of a check by the municipal treasurer which Vigo could have cashed in the municipal treasury or at the mayor’s place of business. A like procedure might have been followed in the matter of the $290.50 notwithstanding’ the overdraft of $6.69 in the hospital account.
The mayor was aware of the duty imposed upon him by the regulations as shown by his deposits of $114.64 and $91.57, June 24, or June 20 and June 24, 1937, and of $99.30 on June 30. The overdraft of $6.69 in the hospital account did not prevent the deposit of $99.30 for hospital maintenance. The illness of the auditor during the latter part of June did not prevent the mayor from making these deposits. His statement that he “could not have deposited” the money collected for fire hose and fire hydrants “even if he had desired because the auditor was ill” is significant. He did not deposit the money because he did not wish to deposit it.
The seventh charge was that the mayor, with intent to defraud the municipality, had caused to be prepared and prepared, caused to be presented and presented to the municipal auditor and treasurer respectively for acceptance and payment, a bill in the name of José María Valentín for 200 sacks of charcoal amounting to $52, knowing that the said account was false and fraudulent; and had received from the municipal treasurer $52 which he appropriated to his own use, thereby defrauding the municipality.
The mayor had certified that the account was correct, legal and payable to Valentin. He had approved the account for payment. The municipal auditor had examined it and
The testimony for the defense tended to show that the mayor had talked with Valentin with a view of obtaining the charcoal from him. Valentin did not have the charcoal but had agreed to see a Mr. Howe from whom he thought the charcoal might be obtained for cash. He did not see Mr. Howe. The mayor, in anticipation of payment on delivery, had ordered immediate preparation of the necessary papers. There was also testimony for the defense tending to show: that some days later, José Torres Andino made an unsuccessful effort to find Valentin in Vega Baja where he lived, and had practically purchased the charcoal from Howe and endorsed the name of Valentin on the treasurer’s check, when an unidentified individual appeared on the scene and said that the charcoal had been sold; that the charcoal had then been purchased from Orestes Ramos, and that the check with the forged endorsement had been delivered to him in payment. The truck driver who accompanied Torres testified that they had not found Mr. Howe, but had talked to a foreman. Neither Mr. Howe nor the foreman was called as a witness.
Torres Andino testified that: He had gone to the hospital with a sick child, and the hospital superintendent had sent him for the charcoal. We had not found Valentin but had learned from a jíbaro that Valentin purchased charcoal
The obvious inference is that but for the two jíbaros and the accuracy of the information furnished by each, the subsequent course of events mig*ht have been quite different. The truck driver who accompanied Torres Andino was not an eye witness to the endorsement of the check.
Orestes Eamos testified that the check was not endorsed in his presence but had been endorsed before it was turned over to him. Whether Howe or his foreman would have accepted the check with the endorsement made as described by Torres Andino, if the sale had not been frustrated by information to the effect that the charcoal had been sold— or whéther Orestes Eamos would have accepted the check if endorsed in his presence by Torres Andino — does not appear. In any event — if we are to believe the testimony of Torres Andino — the transaction with Orestes Eamos was a purely fortuitous event.
The hospital superintendent testified as to other matters connected with the charcoal incident but was not asked and did not say whether she had sent Torres Andino to Vega Baja or elsewhere for the charcoal.
The truck driver testified that the mayor had sent Eduardo Hernández to find 200 sacks of charcoal. Hernández had spoken to the truck driver who went with Torres Andino for the charcoal.
Eduardo Hernández was not put on the stand by the defense in connection with the seventh charge. The gist of
The mayor had ordered him to procure the check from the municipality. He had received it on Saturday, had kept it two or three days and had delivered it to Torres Andino, when he called for it at 4 or 5 o ’clock in the afternoon. Torres said that he was going for the charcoal; that doña Amparo, the hospital superintendent, had told him to go for it. Then witness said to Torres: “This is for José María Valentín; deliver it to him.” Witness believed that this had occurred on Tuesday, at 8 or 8:30. Witness had received the check from Arsenio, not from the mayor. Witness did not know what Torres had done with the check. Witness had caused the papers to be prepared because the mayor had told him to have the check ready when Valentin came for it. At 7 or 7:30 of the day on which witness had delivered the check, they came to him and told him to come and receive the charcoal. Witness went to the mayor, who told him to go and receive it. When witness arrived, one hundred and fifty sacks had been unloaded. He counted the rest. There were two-lmndred small sacks. Witness had counted them. The cross on the receipted bill was made by him in Valentin’s absence because Valentin had authorized it. Valentin had authorized witness to sign the papers. Witness did not remember the date. Witness had gone to see Valentin about a transaction and Valentin had said: “You may arrange those papers.” Witness had delivered the check to Torres in order to avoid two trips.
The mayor testified that: He had talked to Valentin on Sunday, January 16. Valentin had promised to bring the charcoal the following week. Five days had passed and Valentin had not come. On Saturday, witness had to leave town, the offices would close at five o’clock in the afternoon. Witness had informed the auditor that he would have to leave at noon and had told the auditor to have the vouchers ready. The jíbaros come to town on Saturday. Witness
Asked why, after learning on Monday that Valentin had not brought the charcoal, witness had not looked elsewhere for the charcoal and had not cancelled the transaction which gave rise to the check payable to Valentin, he answered that he had not participated further in that transaction. Asked whether he had not learned of the trip with the check for the charcoal, witness answered that if he knew of it, he had known it afterwards. Asked if he had not been interested in not having to continue to pay for charcoal out of his
The municipal offices were to remain open until 5 o’clock Saturday afternoon. Hernández would have had little difficulty in finding the treasurer and auditor after office hours if Valentin had arrived late in the afternoon and had refused to deliver the charcoal before receiving his check. There seems to have been but little reason to expect that he would arrive with the charcoal after 5 o’clock or that if he did, he would have returned to Vega Baja with the charcoal rather than accept delivery of the check on Monday morning as a cash payment. In any event, there was no necessity for the falsification of his mark on the receipted bill in anticipation of his arrival or otherwise.
Orestes Ramos had cashed the Valentin check in San on Monday, January 24. Hence, the trip with the check from Manatí to Vega Baja on Tuesday, January 25, was a
Orestes had three farms near Manatí. He testified on cross-examination:
He and his brother had always been on good terms. The brother had told him about some of his administrative difficulties. They did not always talk over these matters. At times they did, when they met. The brother did not know what witness was doing on his farm; because witness never talked to anyone about his business. Witness had not told his brother that he was burning charcoal because it was none of his brother’s business.
Orestes, according to his own testimony and the testimony of others in connection with other charges, had come to the rescue of the mayor on at least two previous occasions. If the mayor knew that the charcoal could be obtained from Orestes, he must have known also that his problem could be solved by a word to Orestes. Orestes, it seems, was burning charcoal in large quantities on the G-andia property within a stone’s throw of Manatí. He was storing it in the expecta
Valentin was an itinerant merchant. He dealt in charcoal. According to the mayor’s version of the transaction with Valentin, the latter had informed the mayor that Howe was selling charcoal in large sacks at seventy-five cents a sack. The mayor had offered sixty-five cents a sack. Valentin seems to have had little interest in the matter but finally agreed to obtain the charcoal from Howe, if possible, at the price offered by the mayor. Valentin probably knew that Orestes had charcoal for sale, even if the mayor did not, and he had no interest in concealing the fact from the mayor.
When the investigation began in March, the mayor was confronted by a condition, not a theory. The Valentin account — certified and approved by the mayor with the false receipt and the Valentin check with its forged endorsement and the additional endorsement by Orestes — required explanation. There was no reason why the mayor should not have purchased the charcoal from Orestes after Valentin’s failure to carry out his agreement. But for the Valentin check with its forged endorsement, there would have been no need of a smoke screen. The whole story of the mayor’s understanding with Valentin may or may not have been a fabrication like the narrative concerning the Vega - Baja junket.
As pointed out in the mayor’s testimony, he was under no obligation to accept delivery from Valentin after Saturday, January 22. For reasons also stated in his testimony, he wished to obtain the charcoal without further delay.
There was testimony tending to show that tbe papers intended for a cash transaction with Valentin could bave been cancelled and new ones prepared, including a check payable to Orestes Eamos, within half an hour. Tbe mayor knew that be had certified tbe account as correct, legal and owing to Valentin. He knew that be bad approved tbe account for payment. H,e knew that be bad not certified or approved tbe Orestes Ramos account. He knew or should known that Valentin bad not delivered tbe charcoal. He knew or should bave ascertained tbe fact that Valentin bad not endorsed tbe check. Tbe manner in which tbe Valentin check was used in payment for tbe charcoal purchased from Orestes Ramos discloses a contempt for tbe usual formalities and for tbe regular method of conducting tbe business of tbe municipality that cannot be ignored. We say this because tbe mayor’s attitude toward this irregularity may be considered as a factor in connection with tbe question as to what importance should be attached to other similar irregularities.
The charcoal was not delivered to the hospital, but to the mayor, or at least was deposited in a storeroom, tbe key of which he kept.
At the time of tbe trial tbe municipal treasurer bad drawn no checks for tbe purchase of charcoal after tbe date of tbe Valentin check. This may bave been due to tbe fact that the supply said to bave been purchased without tbe
No one but Torres was willing to assume responsibility for the forged endorsement. Neither the mayor, nor Her-mánclez, nor anyone else in authority seemed disposed to sponsor the Vega Baja trip. Neither the mayor nor his right-hand man, Hernandez, could admit knowledge of the endorsement and delivery of the Valentin check without accepting a certain amount of responsibility for such endorsement and delivery and thereby becoming further implicated in an extremely irregular and questionable transaction. Hence, the unsuccessful attempt to establish an unauthorized endorsement and delivery by Torres after the check had been cashed by Orestes. The complete collapse of that attempt leaves the question as to why and by whom the endorsement and delivery were made shrouded in mystery. The theory of a sale to the municipality without the knowledge or consent of the mayor or of any other municipal officer or employee, rests entirely upon the fact that Orestes received the Valentin check and cashed it, coupled with the fact, if it be a fact, that more than twenty-four hours thereafter he delivered to the mayor without the mayor’s previous knowledge and consent 200 sacks of charcoal.
For the purposes of this opinion, however, it may be conceded, without finding, that the seventh charge — save in so far as it relates to the mayor’s responsibility for the preparation and presentation of the Valentin bill and for the consequences which ensued — was not established by a clear preponderance of the evidence.
The eighth charge was that the mayor during July, August and September 1937, had used a Gr.M.C. truck belonging to him but disguised as the property of a relative, Jesús Ramos Robles, in disposing of the municipal garbage, and had received for such services $276.
The tenth charge was that the mayor during October and November 1937, had used the said truck disguised as the' property of his brother, Orestes Ramos, in the removal of municipal garbage, and had received for such services $171.
That the truck carried municipal license plates is an undisputed fact. Unless the mayor was the owner of the truck, however, the facts that it carried municipal license plates would hardly justify his removal from office.
Since the latter part of 1933, the truck had stood in the name of Jesús Ramos. He was not the owner. The question was whether the truck belonged to the mayor or to Orestes. The evidence would have sustained a finding that it belonged to the mayor. The municipal assembly, however, did not so find and after a careful examination of the evidence, we are not disposed to disturb, the result.
Charges eleven to fifty-five,- inclusive, were in substance that the mayor had certified, approved and presented to the municipal auditor certain pay rolls containing the names of persons who had not rendered the services for which they were paid by the municipality. The persons so placed upon the municipal pay rolls were: Gerardo Carrion; José Rodrí-guez, also known as Julio Enrique Rodriguez; Oef erino Medina and Gerardo Montano.
Gerardo Montano: Had lived on a property which came into the possession of Orestes Ramos. He had continued to live on the property some nine or ten months. He was there from July 1937 to April 1938. He had to move when they chopped his plantains some three weeks before his appearance as a witness in the impeachment proceeding. He was a peón under the orders of Gerardo Carrion on the property of Orestes Ramos. Carrion was the mayordomo. Witness milked Virgilio Ramos’ cows. He was paid by the municipality; by
Julio Molina: Gerardo Montano, Ceferino Medina and José Rodríguez worked in the mayor’s dairy. There were five or six cows. Montano cut the grass.
Cornelio Escudero: Was in charge of the garbage from the beginning of the Ramos administration to December 6, 1937. Gerardo Carrion did not work with witness at any time during that period. Witness personally delivered to the auditor a list of the peons at the end of each week. Gerardo Carrion did not work from January to December, 1937. Witness saw him at times on the property belonging to Orestes Ramos. Witness did not know where Gerardo Montano had worked. He did not know where José Rodríguez had worked. José Rodríguez had not worked with witness.
Gonzalo Córdova Chirino: Escudero was in charge of the municipal garbage service from January 11 to the end of November, 1937. Prom January to June, Escudero reported to witness the names of the employees engaged in the removal of garbage. In July, the mayor appointed Eduardo Hernán-dez, who thereafter kept a list of employees as did Escudero. He did not include the name of Carrion. They brought to witness the list of employees, then witness went to Escudero or to Hernández in order to cheek the information, which witness had from the mayor, seated at the mayor’s desk. Names were included and the mayor would say: “This man is assigned to this.” The mayor ordered that José Rodríguez and Gerardo Montano should be included. Ceferino Medina was on the list because he had worked in the municipality. At other times the mayor had ordered that he be included.
On cross-examination: Ceferino Medina had worked in the municipality; the others also according to the information which witness had. Witness had seen Gerardo Montano in the mornings doing the cleaning. He had seen Ceferino Medina working in the streets. José Rodríguez was working for a time in the hospital. Witness had not seen Gerardo Carrion working in the town. There were many claims for wages as to which the mayor would say. “Hock this man half a day; it rained this morning; the cleaning could not be done; the truck did not work; on that truck, no, he worked on this one; dock this man two days and give this one two days. ’ ’ Eduardo Hernández was a timekeeper after July 1.
Lived on Ms own property adjoining that of Orestes Ramos. He had worked some eight months for the municipality in connection with work that was being done in the streets, and other public works. He had been paid by the municipality. He had worked from Jnly 1937 to March 1938. After finishing his work with the municipality, he had worked on his own account, looking after his own interests. Witness had some cattle in an enclosure on the Orestes Ramos property. He had gone there in the mornings when he had time. It had been his custom to rise at 5 o’clock and when he had time he went to see his cattle before reporting to the mayor. He had also done this at noon and after 4 o’clock in the afternoon. He had worked in the municipality at times from 8 o’clock to five; at other times from 7 to 4. While being-paid by the municipality, he had never worked for any other employer. The salary paid witness by the municipality was for services rendered by him.
On cross examination:
Witness had worked during those eight months as an inspector of municipal works on the roads. There had been times when witness had not worked the full week, hut he had worked every week. His first assignment had been to attend to certain work that was being done on a road in Tierras Nuevas. The work had lasted some three weeks. Some ditches had been dug, a culvert had been made, and holes in the road had been filled. Witness had inspected the work and on occasions, when he had time, he had also worked. Elpidio Duran was in charge of the work. Eduardo Hernández was the timekeeper. Witness had not paid Orestes Ramos anything for pasturage. Witness was paid a dollar a day by the municipality when he worked. The work in Tierras Nue-vas had extended over a period of some three months. After-wards another piece of road was repaired in Coto Sur. The work had extended over a period of some two months. The mayor had sent -witness at times on certain errands. Later
Virgilio Bamos Mufiiz:
Gerardo Carrion worked for the municipality from July 3, 1937, to March 18, 1938. He was paid from different appropriations because he had been engaged in different capacities as assistant to the mayor. Witness had often needed an honest man whom he could trust to investigate certain matters in the interest of the public service. Carrion was paid out of the appropriation t'o which the greater part of the services he rendered were chargeable. It might appear from the vouchers that Carrion had been paid for certain work while otherwise engaged because during the greater part of the week he had been engaged as indicated in the voucher. In such cases, the services had been charged to the appropriation to which the greater part of the services rendered was chargeable. Carrion had worked on the Boquillas road, on the construction of a bridge, had inspected the bridge in order that the concrete might not' disappear, that the stone delivered might be what was needed — a man Avho could lighten the mayor’s work, who could inspect and report. Carrion had worked in the same way on the Carretera del Próspero, on the corral, on the fence at the slaughter house, on the hospital cornice, on the hospital enclosure, on the grade at the river. He had been sent to report on cases of alleged illness. Witness had not made use of other such employees because there had been no money with which to pay them.
On cross-examination:
The bridge referred to was a culvert. Carrion had served as foreman and at the same time, as a peón in the work on the roads. Elpidio Durán was the person responsible for the
José Rodríguez:
Had worked for the municipality from July to March. While employed by the municipality he had not worked for any one else. His work had been to rise early and when he was tired to mount the mayor’s horse, inspect the work of the street sweepers, and report to the mayor. It had also been his duty to wind the clock twice a week. He had worked from two to two and a half or three hours in the morning1 as required, and in the afternoon; and later he had wound the clock on Tuesdays and again on Thursdays, Fridays or Saturdays; it had been his duty to do this twice a week.
On cross-examination:
Witness had worked two or three hours in the morning and had been credited with half a day; he might have been credited with a whole day; he had not been credited with more than a half day or if not, then three-eighths of a day; if three or four hours had been required, he had been credited with half a day. A half hour had been required to wind the clock. At times witness measured the depth of the water in the aqueduct tanks.
Virgilio Ramos Muñiz:
Rodriguez had been employed by the municipality for a period of ten months. His work had been to wind the clock and to see whether the work of the street sweepers during the night had been efficient. The garbage truck made its rounds during the night, and it had been the duty of Rodriguez to see whether the garbage had been removed. He had
On cross-examination:
Tbe budget' bad contained no appropriation for a clock man. It bad been tbe duty of Rodríguez in tbe mornings to see whether tbe street sweepers bad been performing tbeir duties and in tbe afternoons to see whether tbe garbage bad been removed from tbe garbage cans.
Ceferino Medina:
While employed by tbe municipality as street sweeper bad not worked for any one else. He bad worked for tbe mayor several months, but not continuously, chopping, driving stakes, and milking tbe cows. When witness worked in tbe mayor’s stable, be was paid at tbe mayor’s store. When driving-stakes and milking tbe mayor’s cows, be bad not been paid by tbe municipality. While being, paid by tbe municipality, witness bad been 'engaged in sweeping tbe streets. Witness bad worked for tbe mayor six days ox a week at a time in February and March. He bad worked fifteen days with tbe mayor; a week of six days, another week of six days and a week of three days in different months during 1938.
On cross-examination:
Witness bad worked from 7 to 4 as a street sweeper; be bad never worked at night. He bad worked alone at a place called “El Ensanche”. He bad not worked anywhere else. Witness bad been responsible to tbe mayor — not. to any one else. There was a timekeeper whose name witness did not remember. Tbe timekeeper bad seen witness- at work and bad made a note of it. It was not José Rodríguez. Witness bad never seen José Rodríguez inspecting tbe street cleaning. Witness bad not seen G-erardo Carrion at work as timekeeper or inspector of street cleaning. Witness did not remember who tbe timekeeper was- to whom witness bad been responsible. Witness was sure it was not Gerardo Carrion or Jose Rodríguez. The timekeeper bad travelled on foot. Witness bad worked as a street-sweeper a number of weeks.
Tlie Ensanche was to the east. Witness had not worked in the town; a timekeeper named Eduardo had checked his work; witness did not know who had checked other zones of the municipality. Witness had kept to his own zone. He did not know who had worked or who had inspected the work elsewhere.
On further cross-examination:
Witness did not know whether the inspector was Eduardo Hernández; it seemed to him that it was Eduardo Hernández.
Virgilio Ramos Muñiz:
Ceferino Medina had been assigned to a special district, a part of the Ensanche. He had worked from February 12 to February 18, 1938, six days, four days with the municipality, and three days for witness in an enclosure on a property owned by witness at a place called the Powder House. For the work done for witness, Medina had been paid at the store; for the services rendered the municipality, he had been paid by the municipality; during the rest of the month he had worked for the municipality. During March, Medina had worked six days with witness and the rest of the month for the municipality at $1 a day while in charge of a part of the Ensanche. For the work done for witness, Medina had been paid at the store. Medina worked with the municipality during the entire month of April, less six days when he worked for witness, milking the cows, for which he han been paid at the store. For the services rendered the municipality, he had been paid by the municipality. In May, .•Tune and July, Medina worked for the municipality.
On cross-examination:
Tito Martinez cheeked the work done by Medina in the Ensanche. José Rodríguez and Tito Martínez had not worked at the same time. When G-erardo Carrion was at work, the other was not there.
Eduardo Hernández:
On cross-examination:
Witness kept a list of municipal employees. At tbe beginning, Cornelio Escudero bad been in charge of tbe garbage and be bad taken tbe names of tbe peons engaged in tbe removal of garbage. José Rodríguez bad wound tbe clock; bad inspected tbe drums and bad painted them; bad done wbat tbe mayor bad told Mm todo. When witness saw Gerardo Carrion at work, witness bad made a note of it; at times Carrion bad complained that witness bad overlooked him. At times witness bad asked tbe foreman in charge of tbe road work to furnish a list. Witness bad risen at seven, bad made a note of tbe persons at work. Cornelio Escudero, during tbe time .be was in charge of tbe garbage, kept tbe list of tbe peons engaged in that work. Witness noted the name of Gerardo Carrion, who bad begun work in July, 1937. Witness did not remember whether be bad listed Gerardo Carrion for tbe week of July 3 to July 9, 1937. Witness did not remember whether be bad listed José Rodríguez for "the week of July 10 to July 16. Cornelio Escudero bad been tbe time-keeper for tbe garbage work.
On re-direct:
G-erardo Montano had worked two or three weeks in the beginning of 1938.
Arsenio Carreras:
In the latter part of February or in March, Gerardo Montano had come every day in the morning and had cleaned the offices — during the greater part of March.
On cross-examination:
Witness did not know what G-erardo Montano had done after 8:30 in the morning.
Zoilo Cardona Bodriguez, the janitor:
Had worked from 6 to 6. G-erardo Montano had worked from January 25 or 26 to March 4 or 5, 1938, cleaning the offices, the lavatories, and the municipal assembly hall. He had worked from 7 to 12 and from 1 to 4.
On cross-examination:
Witness in addition to his duty as a janitor, was a porter in the mayor’s office. Montano had been his assistant; had cleaned the offices between 7 and 9:30 and thereafter had been subject to the orders of witness. Montano had carried the letters to the post office.
Virgilio Bamos Muñiz:
Montano had worked twenty-four days cleaning the building. He worked eight hours a day. He had been discharged by witness. Montano had not worked elsewhere while he was being paid by the municipality.
On cross-examination:
Montano had never worked for witness. From hearsay,.
The evidence adduced in support of the charges eleven to fifty-five, inclusive, established a prima facie case. The testimony for the defense leaves much to be desired. Orestes Ramos, owner of the property where Carrion kept his cattle was not called as a witness. Carrion himself testified that he was paid only a dollar a day for such services as he may have, rendered the municipality and that he kept his cattle on the property owned by Orestes Ramos. He paid nothing for pasturage. In the absence of any explanation as to why he was permitted to keep his cattle on the Ramos property without paying for the privilege, his denial of the probable fact that he was employed by Ramos does not inspire confidence. Rodriguez, Medina and Montano, while being paid by the municipality, may or may not have been employed by the mayor, as set forth in some of the charges. All four were placed upon the pay rolls by the mayor or by his order. Most of them seem to have had ample time which might have been devoted to the performance of some useful task. Their duties as municipal employees were not ardous.
Medina had worked both for the mayor and for the municipality. When he worked for the municipality he was assigned to a special district. Apparently he had a special timekeeper to check his work. According to Medina’s testimony he was responsible only to the mayor and he did not know the name of his timekeeper, if any. Tbe mayor testified that Tito Martinez checked Medina’s work. Tito Martinez did not appear as a witness and was not identified as a timekeeper or as a municipal employee by any witness except the mayor.
José Rodríguez — at' least when he was tired — seems to have performed bis duties on horse back. He rode the mayor’s horse. He was paid from the mayor’s appropriation as an assistant. His work was to rise early, inspect the work that had been done by the street sweepers and report
Montano’s principal duties were to clean the offices, the lavatories and the assembly hall. He cleaned the offices between 7 and 9:30. The number and size of the lavatories and the time required to clean them were not shown. How often he cleaned the assembly hall does not appear. He had also carried the letters to the post office.
From July 1937 to March 1938, Carrion, according to his testimony, had been employed by the municipality as an inspector of work that was being done by the municipality on public roads. He had first inspected work that was being done on a road in Tierras Nuevas. The work had lasted some three months. Nest for two months he had inspected work that was being done in Goto Sur. Later some months had been spent on work at La Bajura reducing the grade. From municipal pay rolls introduced in evidence it appeared that no roads were repaired during July, August and September 1937. The same documentary evidence disclosed the fact that from July 1, 1937 to June 30, 1938, only sixty days had been devoted to such work.
Neither Carrion nor the mayor explained just what work was done on the corral or on the hospital cornice or on other odd jobs, or how much time was required to do the work. As we remember there was but one definite instance of the cases investigated by Carrion before admission to the hospital. The municipal auditor was also the mayor’s confidential secretary. It may be, as suggested, by the mayor, that the auditor could have explained better than the mayor the meaning of vouchers for expenses incurred “in the service of the mayor.” The testimony of the auditor as a witness for the mayor speaks for itself.
The mayor seems to have been pretty well provided with assistants. The municipal auditor, Eduardo Hernández, José Rodríguez and Gerardo Carrión all contributed to lighten his labors. Zoilo Cardona Rodriguez, the janitor was
The mayor himself says that he did not employ a greater number of assistants only because there was no money with which to pay them.
As repeatedly pointed out by the mayor in the testimony concerning other charges, the municipal finances were in a, deplorable condition. The difficult position in which the mayor was placed, no doubt, made a strong appeal to the sympathy of the municipal assembly. It has.made a strong-appeal to our own sympathy. That appeal would have been stronger yet if the mayor had been more parsimonious in his disbursements of municipal funds to provide sinecures for at least two or three municipal employees whose official duties could have been performed by one. This is an important element in the general atmosphere of the case.
It would be easy enough to say that Carrión, Rodriguez, Medina and Montano did not render the services for which they were paid by the municipality and that the municipal, assembly erred in not so finding. It would have been even easier to say that the mayor had appropriated to his own use a part, at least, of the funds collected for the purchase of fire hose and fire hydrants (notwithstanding the belated payment, if any, of the Vigo and Montes accounts) and that the municipal assembly erred in not so finding. Since the mayor has been acquitted of these charges by the municipal assembly — and since the removal of a public official for official misconduct, especially for misconduct involving moral turpitude is a serious matter — we prefer to base our decision on other grounds.
Charge fifty-six was, in substance, that the mayor had certified and approved a certain pay roll extending over a period from July first to October 15, 1937, and presented the same to the municipal auditor, who issued his warrant
Francisca Haw:
Was an assistant nurse, not a graduate. She had worked in the Manatí hospital. She did not remember where she had worked in June and July of the preceding year, but in April or July she had worked in the municipal hospital of Manatí. She did not remember how long she had worked, but it seemed to her that it had been a month and some days. She had received $10 for her work. She had not signed the document exhibited to her.
On cross-examination.
Her sister, Victoria Haw, also was employed as a nurse. Victoria had been employed about a year and a half. The signatures exhibited to witness were Victoria’s. She had signed for witness. Witness had authorized Victoria to sigu for her.
Arsenio Carreras, municipal treasurer:
Had paid the $35 to a hospital nurse named Miss Haw in the mayor’s office. He had not personally delivered it to the mayor. She was near the table and witness had placed it on the table, where she was talking to the mayor — the mayor’s table. Witness did not know what she had done with it. The mayor had approved the voucher. Witness had not paid any money to Francisca Haw, the person named in the voucher. Witness was not certain that he had delivered the $35. He had left it on the table in the presence of the young lady.
On cross-examination:
He had taken the $35 for the purpose of delivering it to
On re-direct witness identified a warrant, number 486, including three different vouchers: one for $35, wages; another for $19.50, wages; and a third for $37.75. The warrant included the voucher for $35. Witness identified a check for $35, number 17,786, as corresponding to the warrant.
On further cross-examination: Witness had not made any other payment to Miss Haw or to her sister for the same period of time covered by the check. Witness did not know" whether Miss Haw had worked at the hospital during that time because witness had not been in the hospital.
On further re-direct:
Witness had nothing to do with the hospital. The mayor was director of charities.
Gonzalo Cordova Chirino, municipal auditor, as a witness for the defense:
Victoria Haw and Francisca Haw had worked in the hospital. Witness had seen them often. They were nurses. They were paid by the municipality. The last payment to Victoria had been made in April or May, when she ceased to work for the municipality. Victoria Haw had been employed from January 1937 to April or May 1937 at $15 a month — from January 11 to June 30. In the new fiscal year her salary was fixed at $20 a month. Those amounts were paid to Victoria Haw. The last payment had been made by an ordinary voucher in favor of Victoria Haw for the month during which the services were rendered. $35 had been-owing to Victoria Haw. Witness could not specify the debt. She had begun work in January. There were no funds out
On cross-examination:
Victoria IT,aw was working July 1, 1937. Had continued working without interruption until May, 1938. There had been a $35 voucher for July. She had been paid at the end of each month. Francisca began to work July 1. According to the vouchers, she had continued to work until October 15. From July 1, 1937, to October 15, 1937, both sisters had worked and were paid. Witness had seen them often. His knowledge was from the pay rolls, based on information received by him. Witness did not know whether Francisca had been working from July to October, 1937, but according to the pay roll, both had been working at the same time.
On re-direct:
The voucher issued to Francisca Haw was not for a debt owing to Francisca Haw. There had been a debt owing to Victoria from January 11 to June 30, 1937, which amounted to some $90, it could not be paid during that year. She had continued to work month after month and she was paid $35 a -month in the new budget; and later there was a balance of $35 due her. Then they told witness to prepare a voucher for Miss Haw in the sum of $35, balance due her; and the voucher was made to Francisca Haw for three months and a half “which corresponded to her”.
On further cross-examination:
There had been $60 more or less owing to Victoria Haw corresponding to the budget for 1936-37. It had not appeared on the books because witness had not made vouchers during that period. She had been working in the hospital and the pay rolls reached the books only when they were to be paid. She had worked five months and a half at $15 a month, according to the information received by witness from the mayor. Because this had not been paid, the voucher had been made out to Francisca Haw for $35 for two and one-third months at $15 per month. All of the
Witness had issued the warrant for payment of voucher number 39. He had prepared the voucher for $35 pursuant to an order given by the director of charities, the mayor. Witness did not remember whether the mayor had told him that the money was for Victoria Haw and owing to her from the previous budget. Witness had learned that from Victoria herself after issuance of the warrant and delivery to the treasurer of all the papers necessary for payment. Witness had asked her what she was going to do with her money and she had answered that she had been paid. The first information received by witness was from Victoria because she was about to sail. Witness had talked to the mayor and the mayor had told him that it was true. With reference to the personal knowledge to which witness had testified on direct examination, witness had obtained this information from Victoria and from the mayor after the transaction. Witness had considered that information, once received by him, a matter within his personal knowledge. Witness might do something without knowing what he was doing and in the light of subsequent events by reason of information subsequently received, might' realize that what he had done was wrong.
On further re-direct:
Victoria Haw earned $15 a month; from July 11 to July 31 were twenty days at fifty cents a day, twenty days would amount to $10. In February, March, April, May and June at $15 a month — January $10, February $15, etc. — the total would amount to $85 not $82.50. She had been paid $35 in the month of July. Witness did not remember whether Victoria Haw had worked in the hospital in July. She had
On further cross-examination:
Witness did not remember whether Victoria Haw had worked in July, 1937. According to the vouchers, she had worked in July, August and September. According to the pay roll, she had worked from January 11, 1937 to May 10, 1938. There was a voucher for September which indicated an absence of six days. Witness did not remember whether she had worked in July, just as he did not remember whether she had worked in July, August and September.
Dr. R. Rodríguez Buxó:
Victoria Haw had worked from January 11, 1937 to May 10, 1938. There had been some vacation periods. Witness did not remember whether any of these had occurred in July or August, 1937. There had been some four weeks of vacation, in July or August. She was paid every month after July. She had been absent at times from two to five days. There was a longer period in July or August, 1937; some four weeks. Witness did not remember whether she had taken any vacation in September. She had begun work a.t $15 a month — from January to June. After July, on witness’ recommendation, her salary had been raised to $20 a month.
On cross-examination:
The hospital employees, including Victoria Haw, were named by the municipal director of charities, Virgilio Ramos Muñiz.
On re-direct:
The nurses had borrowed money at times from witness and from the mayor. Witness had not charged any interest.
Virgilio Ramos Muñiz:
Francisca Haw had been employed in the municipal hospital thirty-two or thirty-three days as an assistant nurse
On cross-examination:
Witness had the letters in which Victoria Haw had requested advances. The total amount so requested amounted to $26. In September Victoria was paid her salary of $20 only because that time the voucher was made for $35 in the name of Francisca. Witness was the mayor; it was the auditor who kept the accounts. In October, Victoria Haw was paid $20 for her services; nothing on the previous account. The voucher for $35 should have read Victoria Haw instead of Francisca. Witness had called it a mistake because Francisca had no interest in the matter. She had be.en paid for her services. Witness had a secretary; the question as to whether a separate voucher for $20 in the name of Victoria might have been included in a single voucher for $55 was a matter within his discretion. That was an irregularity arising out of great irregularities involved in the failure of the People of Puerto Rico to provide a municipality with an assembly from the beginning. The intention was to pay what was owing to Victoria; witness had been fully aware that Francisca had no interest in the matter. Francisca had no interest in the matter. Francisca had worked thirty-five days. She had been paid. The voucher, in conformity with the established system of government, had specified ten days; from June 1 to 4, July 5 to 11, ten
Extended comment would seem to be superfluous. The only mistake was a deliberate misstatement. The mayor was aware of what he was doing. There were extenuating circumstances. It may be conceded that the money was owing to Victoria Haw and that, as to the $26, the mayor was merely reimbursing himself for money previously advanced to Victoria. It may be conceded that no moral turpitude was involved.
There can be no reasonable doubt that the mayor certified and approved the Francisca Haw pay roll with knowledge of the fact that Francisca Haw had not rendered the services in question. There can be no reasonable doubt that
In. view of the foregoing conclusion the first of two questions discussed at some length in the brief becomes academic. That question raised by the first assignment was whether the municipal assembly erred in exonerating the mayor on the ground that the charges had not been established beyond a reasonable doubt. The second is as to whether the conclusion reached by the municipal assembly is equivalent to the verdict of a jury and therefore binding-on this Court.
There may be some analogy between the verdict of a jury and the finding of a municipal assembly in an impeachment proceeding. The analogy, if any, is not very close. It would suffice to say that there is a wide and obviously important difference between the way in which a municipal assembly is constituted and the manner in which a jury is selected to try a case. We need not go into the well-known details of distinction. It may be conceded without holding that the decision of the municipal assembly should not be reversed in the absence of passion, prejudice and manifest error in the weighing of the evidence. Beyond this we are not prepared to go.
The decision of the municipal assembly must be reversed and because of the irregularities involved in the fifty-sixth and' in the first six charges, the mayor will he removed from his office.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.