The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-02-02
MAYORS VETO.
The Special Tax for the Erection of the New
Public Bulidlaas.

Public Bnlidlsas.
HIS Honor Mayor Fox sent to City Councils this
afternoon the following veto messagc:-
GBkTLFMEN:-l herewith return without my ap-
proval the bill entitled "An ordinance to levy aud
ilx a special tax rate for the erection OF public
buildings and to- appropriate the amount realized
In its frst section 1t authorizes the Board OF Re-
vision to levy and assess the special tax contem-
plated by the bill. Bs no act OF Assembly clothes
this board with any power TO levy and assess taxes
it is manifest that they could lawfully exercise
such power; and the ordinance must, therefore,
wholly fail to accomplish It's purpose The third
section Of the proposed ordnance approprates the
money raised by the tax to the OF 'thc Commits
sioneTs," but does not designate what commission
eTs, and the bill nowhere authorizes the drawing NJ
warrants against the fund, which 1t provides shall he
paid when realized, into the City Treasury More
over it onits 70 provide for any mode Of collecting
the tax, and prescrlbes no penalties for delay,
discounts for promplitude in its payment With
could scarcely he expected.
il fhese were the only objections to this ordinance,
though fi tai to IL in its existing FORM they could be
readily obvated by the massage of an amended and
modified bill; but there are other difficulties of
grave character affecting the lawfuness of the pro-
posed action at this time, which IL is my duty re-
specuuly TO suggest for your consideration, in the
hope that If they seem to you to have weight they
may be removed by prompt action on the part OF the
Legislature now in session.
The act Of Assembly which creates the Commits
sion Of Public Buildings requires that the commits
soners shall make requistion on the Councils Of
said city prior 10 the first day Of December I'm each
year. for the amount OF money required for the pur
poses OF the commission for the succeeding year. and
said Councils shall levy q special tax to raise the
amount required. provided that said Councils
may at any time make appropriations out Of the an
nual tax in aid OF the purposes Of this act"
Ut is questionable whether under the language Of
this enactment special tax can be authorized eX-
cept during the month OF Decent er. The TequisL
tons must be made prior TO the first day OF that
month and It is to provide for the MONEYS required
during the succeeding year. The Limitation OF time
for making the requisitOn which imposes upon
Councils the duty OF evying the special tax, is fol-
lowed Immediately by authority for Councils lat any
time" to appropriate in aid oil the work out Of the
general taxation without expressing any decided
opinion as TO the meaning OF these provisions,
NIT them to you as worthy Of careful consideration,
and suggest that all DOUBT concerning the interpre-
tation OF the act In points so important can now be
readily removed by further legislation.
am ready to and will cheerfully cooperate, in
my sphere Of duty, in carrying into effect the pur-
poses OF the legislation in authorizing the erection
OF new public buildings for our courts and NUM-
cipal Offices but the Importance OF the subject and
the magnitude OF the expenses, must admonish us
TO be careful in all our procedure as to make it
recognized as clearly authorized by law.
Very respectfully
DANIEL NJ. Fox,
Mayor OF Philadelphia.