Times Pub. Co. v. White

• Decision Date: 15 November 1901
• Citation: 23 R.I. 334,50 A. 383
• Parties: TIMES PUB. CO. v. WHITE, City Treasurer.
• Court: Rhode Island Supreme Court

50 A. 383

23 R.I. 334

TIMES PUB. CO.

v. WHITE, City Treasurer.

Supreme Court of Rhode Island.

Nov. 15, 1901.

Original application for mandamus by the Times Publishing Company against J. Ellis White, city treasurer, to compel the payment of certain debts contracted by the school committee of the city of Pawtucket. Writ granted.

Edward D. Bassett, for petitioner.

Arnold Green and Edward W. Blodgett, for respondent.

TITLINGHAST, J. We think the petition states a case for mandamus, and that the demurrer must therefore be overruled. It appears from the petition that the petitioner has a just claim against the city, which was properly contracted by the school committee thereof; that said claim has been duly passed upon and ordered paid by said school committee; that there are funds in the hands of the defendant, subject to the order of said school committee, which are properly applicable to and are sufficient for the payment of said claim; and that he has no defense whatever, which could be set up in any court, against the payment thereof. In short, the case shows the mere refusal on the part of the defendant to discharge a plain ministerial duty, and it is clear that in such a case mandamus will lie. Stoneware Co. v. Taylor, 17 R. I. 35, 19 Atl. 1086. The demurrer is therefore overruled.

We now come to the consideration of the answer or return set up by the defendant, which is, in effect, as follows: That on the 8th day of June, 1901, the city council of Pawtucket passed a joint resolution by which it appropriated the following sums, "or so much thereof as is necessary, for the purpose of making repairs to the following schools: High Street School, $194; So. Woodlawn, $26; Pidge Avenue, $196; Prospect Street, $78; Lincoln Avenue, $302; Brook Street, $209; Garden Street, $1,325; Capital Street, $130; Quincy Avenue, $157; Cherry Street Kindergarten, $171; Church Street, $772; Grove Street, $405; total $3,905." That the city treasurer was authorized to borrow on the notes of the city such sums as the exigencies of the city treasury might from time to time require. That, upon the presentation by the petitioner of said account against the city, the defendant returned the bills to the school committee, with the following communication: "Office of City Treasurer. Pawtucket, R. I., Aug. 14, 1901. T. I'. Corcoran, Esq., Clerk School Committee, Pawtucket, R. I. —Dear Sir: I return enclosed bills handed me this morning, and request that you comply with the instructions in my letter to you of the 23d ult.; i. e. 'The expenditures on each school building must be separated, and in conformity to the amount specified in a joint resolution of the city council passed May, A. D. 1901.' Further, I will refer you to the opinion of the city solicitor, and also to a vote passed by the joint standing committee on finance, both attached to my communication to you of the 23d ult. I am, very respectfully yours, J. Ellis White, City Treasurer." As the defendant does not inform us of the nature of the joint resolution referred to in said communication, of the vote of the joint standing committee on finance, or of the opinion of the city solicitor, we have no means of knowing what they were, and hence cannot consider them. As the powers and duties of the school committee in the premises, as well as those of the city council and city treasurer, are fixed by statute, however, we do not think said resolution, vote, etc., are material to the determination of the questions before us.

The defendant further says that he has never refused to pay said bills, but has always been ready and willing to pay the same whenever the proper authentication is made by said school committee as to what appropriation they shall be charged; that he has no money in his hands for the use of public schools, save the annual appropriation for said schools, save as appears by said resolution appropriating certain specified sums for the repair of certain school buildings; and that, in accordance with said resolution, he can pay money from the city treasury for no other purpose. And finally the...