City of Seattle Records

348 JOURNAL OF THE PROCEEDINGS OF THE Sept 1/83 "Gentlemen:I regret that I cannot approve the Ordinance to provide for the payment of fifty-dollars to Mrs Chas O. Boerner. If the City had authority to perform meritoroius acts of charity, there could be no objections to the Ordinance. But in any view of the law and the powers of the City, no appropriation can be made except for corporate purpose and no claim ought to be paid the payment of which could not be enforced at law or in equity. When Mr Boerner paid his money into the City Treasury and received there for a license to transact business as a liquor dealer, the amount be paid became absolutely a part of the general city fund and the property of the city tax payers and subject to be diverted only for legitimate corporate purposes. Mr Boerner's death intervened before the expiration of the license and rendered the continuance of his business by his legal representatives impracticable or understable. This was an unfortunate business loss, such as falls to the lot of many people but furnished as ground for a just or legal claim against the City. The original payment was made voluntarily and for a lawful purpose and not under mistake of other law or fact and therefore cannot be recovered. Having this conception of the law, I return the ordinance for your reconsideration. H.G. Struve Mayor" And now the Council proceeds to reconsider said Ordinance. After due consideration said ordinance is rejected upon the following vote, towit: In favor of adoption Ranke. Against adoption Clancy, Day, McDonald and Rasin. From the Surveyor submitting the Plans and Specification for the following improvements, towit: Jackson Street, 12th to Market under Ordinance No. 442, South Fourth Street, Mill to Main under Ordinance No. 439 and Battery Street, Elliot Bay to City limits, under ordinance No. 441. Thereupon after dure examination said plans and specifications are approved. Ordered that the Clerk be and is hereby instructed to advertise for bids according to law and that said advertisement contain notice of the conditions towit: That the Council reserves the right at any time to make any changes in the plans and specifications as to it [?] proper and further [?] all bids.

Applications for License