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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 busi-
ness 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 ren-
dered the continuance of his business by his legal representatives im-
practicable 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 ordi-
nance 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.

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