, 1863-05-26
SPECIAL MEETING OF THE COM
HON COUNCIL.
ACTION UPON THE CANAL APPR0.
TRlAT3ONS.


They Refuse to Grant the H'unds.
A special meeting Of the Common Council
was held last evening at their rooms, call
cd to consider the canal appropriations.
PrcseEt--Alds. Hahn, Schal!, Shimp, Tits
worlh Roberts, Barrett, KanD, Mark Shcri-
dan, Walsh, Mcdonald, Abbott. Comisky,
Clark, Brown, Tale.tt, fIinrod, Holden, Won
Hollcn, Bond, Geiatield, Cassleman, Arm
The Clerk, at the request Of the Mayor,
read tic call setting forth the objects OF the
meeting, to investigate the re: olusions passed
by the Canal Committee May 22d, 1865, and to
listen to report Of the Comptroller, to
whom were referred certain resolutions ap-
ptopriatiug money to aid in the proposed
Canal Convention.
Tie Chair announced the resolutions Of
the Canal Committee first in order, and the
Clerk read tAeIn.
The Cl,air announced that thu old Council
appointed Committee, which Was no longer
III power, and it would be proper to appoint
Il utw Committee.
Aid Hahn (of no ward) offered the follow
ing:
Eesalred, That the Common Council constitute
ites If committee Of the whole to cooperate with
the citzcns ut ln,ge. or any committee or commit
tees appointed hy them in making arrangements
for The Eatioual Canal Convention to be held in
Uron motion, the Comptroller and Como
ration Counsel were added to the Committee.
rron motion, the communication FROM the
Canal Committee Was placed on file.
The Clerk then proceeded to read the Re-
| port of The Comptroller AID. Mcdonald
claimed that tho Comptroller had no right to
! present. report at the special meeting under
| the rules.
AID. Roberts hoped the objection would be
| withdrawn. He thought this delay was hold
| ing out false hopes TO the public and AID.
McDopald withdrew his objection.
AID. BroEn moved to suspend the rules to
| bear the report. Carried. The Clerk read
the report, which consisted OF two documents,
first a brief and unfmportant statement from
the Comptroller, ACCOMMODATING which is the
written opinion Of the Corporation Counsel,
B. F. Aver. The following is the substance
Of the opinion:
1.-THE CHATTER coniers upon Tho Common Coun-
| ell no express authority to Taffc or appropriate
general DOW eF they possess 10 manage aud COZ
1Tol thc 1ipanees of the corporation, they have
easonay incurred e1pednTes Of o. ;aa snt
any question havins been ralecd as to their
legality. Two instances Of this kind. OF recent
datc, now occur to me, The fret was an appro,
aolsars made Angnss sath. issi towards defining
The capenses Of Tie funeral Of the la:e S T. DouS-
made on the 30th Of june. 1867, to pay the cz.
pcnses of the celebration Of the Fourth Of July;
Neither Of those app.opflaions 4 objected to and
could: al. suppose, have been supported q
etrict1y legal The rule Of law upon this sub;
ect e M down py he eon5a in seera!
The right OF towns or cities to raise or lpptopri.
ate noncy Is derived only from the statute. Like
other corporations they have no other power than
such as are expressly granted, or suCh aa are nee
cesary to the exercise Of those expressly confer
red. Tested By this principle, expenditures Of the
! | strictly authorized They do not come wIthtr
any Of the objects enumerated in the charter fol
which the citY is authorized to raise or appropri
ate money. nor are they necessarily incident tt
the exercise Of any express corporate power: :,
, VILLA thnt since my attention was called Il
this question, have examined all the reported de
cieione have been able to find, which have an.
direct bearing upon 1t, and hare disccrncd no cas-
which conflicts with the view above suggested
The law upon the euhject will be found VERY clear
) caecs)
> Aid Comisky moved to accept the repor
/ Carried.
Aid Holden moved, as substitute, til
passage Of Aid. Hahn's appropriation resolr
: ton,
! Aid. Tittsworth spoke at length in favor {
0 an appropriation. he did not consider tha
: The fcport of the CORPORATION Counsel mad
9 1t illegal TO appropriate money. If the cha
q ter did not grant the right, it did not deny tl
> right. r..- c t., .,o e.,. - !.
u Council and acts rs Chairman, announce
{, gratuitously that there was nothing before tt
Q Council to adopt.
8 The Comptroller explained hp views ais
II lie said that in his report he simply presentt
o facts without recommendation, among Hhie
Q, facts was the opinion Of the Counsel.
:, Aid. Ro2erts-"1 Is there any question befo
u the Council-''
N Muyor-"Tcs differ with the Clerk! II
Of Corporation Counsel has reported no orc
70 nance because be thought the law would NJ
| Ill 1f7r Ir,
!. tion to substitute is in order and does n,
It withdraw the report from the Council.''
at Aid 1Ittsaeorth-'sNill Mr.. Aver say whet
er we can make an appropriation :"
u ~ AID. Roberts entered into the legal beariu
o. on the matter, explaining authorities, befo
II the close Of which the large majority Of tt
1e Council were in q muddle.
= He thought there WAS no case that could
u cited in fa7or Of the right Of appropriate,
:. money for this OF similar purposes, and if Il
~ Council should appropriate they would be c
re there there are rem men IN Inc Council go bitterly Q
oo posed to the Convention, that thoy would G
Q! out the injunction.
ut AID. Mcdonald offered the following al
ne substitute for AID. Holden's notion:
10 Rtsclrfd, That In view Of the report Of the C.
ne appropriation demanded By the resolutlon OF Al
ill Iahn, and that therefore said report be aopted
nS Aid Ellsworth called the attention of t
In Common Council shall have the right to Ct
troll nnd manage the general finances Of t
et- city, He thought there was no clause in
be- charter which denied the right to appropria
ne as strongly rs that clause allowed it.
tse The ayes and noes were called upon 4
me McDonald's motion, resulting as follows:
w ArEs-Hahn, Ssha!l, Roberts, Barrett. IA
IL Marx sher,dnn, Walsh, MS9o9ald Abbott,
sk mis- on,p snliSan 1dG a1se"'an Ale
NoEs-Shi.up, Ellsworth, Taleott, Him1od, 7
den, Won Hol.en, Bond. Ruh, Hattinser-9.
At Cron motion, the Council adjourned.
OUTER ANTICS OF Pn1EsT.-B -Bridgcp
famous heretofore as the jumping of plac
ND civilization, the goal Of the smelling conn
tee, and the home Of bards innumerablc,
4 yesterday morning the scene Of great exc
tha ment. 4 bridgc-tendcr Of the Chicago i
.;tv Louis railroad had found in the ea:ly d:
nrh the full costume Of priest upon the bank
;eh+ the river, but Its wearcz Was not. An al
Ia was given, aud large parties at once c
,tn,a menced dragging the river. A policen
orna however, cut them short in thtir labors b,
htnh forming them that he had found the S
49,; 80 body of the owner of the garments afore
wandering about the streets of Bridger
and taking pity upon his naked condit
~a had arrested him and conveyed him to
4a house Of another priest.
was FRENCH BENEVOLENT SocfErf.-Thea AZ
had members Of this Society, and all who
4 Of wish to join it, are requested to attend
were annual General Assembly, on Thursday,