The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-23

The Question or thesI. esal Vote ON Ordinances
and Observation-Disclosures Of tho Corpora.
tisu Cssnsel-A Thrce-fourths Vote Required
for their Adoption--The Question with the
AQucSuct Beard. &c.
For number Of years past has been the custom Of
the Common Council TO pass ordinances authorizing
work 70 performed in the various city departments by
LEES than thrssfourths Of all The members elected
10 both branches Of The Common Council; but will
bs BY tho following opinion Of the Corporation
Counsel all such ordinaucss require regular three.
sourhs vote under The section inserted by the last Lsgs
tature In the TAx Levy bill
orrcx or COUNSEL TO CoRroRAr Iow Nay a. 1867
Hon. GBoRss W. MCLEAN, Street Commissioner:-
Ds.s s.I1 your comnsnc..,On Of Nay 20 you AK
proceeding 70 receive bids and award contracts which
were authorized By ordinances Of the Common Council
mot receive vote q al The ms%bsm
elected 70 each Board, - directed by the eighth
a. n opinion % na.s
upon the general meaning OF the clause In question: and
beg 70 enclose copy thereof for your information In
fore passage OF the Tax Loan Of 1857 the provisions
Of that Law win not apply. Yours, truly,
RICHARD 0GORMAN
Counsel 10 the Corporation.
The following is the opinion which Mr.. 0'Gorman
sent to the Croton Board
oFrcs COUNSEL TO me CORPORATION, May 20. 1897.
To THE HoSoRABLs CRoroH BOARD
receipt OF your communication OF the 18th inst fol-
ows-Hereafter II shall not DO lawful for tho Common
Council OF city OF New York, for either Board
thereof appropriate cxpend authorize the expcndi
Of any moneys belonging 70 the corporation OF said
city, for am purpose Whatever or 70 create obga
ton binding said corporation, except by q vote OF
threeourths OF all the members elected each Board
and nqurng docs tho phrase Grinding said
tom include obligations Incurred by the corporation
on what Ia termed ''street improvements ~
and 10 ian ordinance or resolution authorizing
the construction OF street improvements, and
involving expenditure for which the city treasury
subsequently reimbursed by the collection OF assess
ments invalid unless adopted by three fourths vote OF
all the members elected 70 each Board ~ In answer
those inquiries beg leave TO sayfirst, when
provemcnts undertaken the entire expense OF which
IL 10 be raised By assessment upon the of the
property benefited, the money 70 be expended therefor
s II may be argued, the money OF the property owners,
and not tho money belonging TO the corporation, that
resolution ordinance until contract made there
under BY the proper executive department. pursuant
thereto and that therefore such an improvement 70
be argued that no expenditure OF the money OF the
corporation authorized or obligation incurred by tho
resolution instrucing the Improvement and conse-
queny such resolution Is within the cited
Second but when ~ frequently the fact the ordinance
resolution provides that portion Of the expense OF
the proposed Improvement sha be paid by the corpo
ration, such ordinance n without doubt within the
the members elected 70 each Board IL certainly Invalid
evil TO accrue from your requiring three
fourhe vote IN both Of these until courts
have BY authoritative decision the aues
tion which conader doubtful think myself justified
in advising ron that you should REQUIRE the Clerk OF the
Common Council 70 certify you tbat such resolution or
ordinance wM passed In all by the requisite three
fourhs vote Of each Board remain, yours very truly
RICHARD OG0RMAN,
Council 70 the Corporation.