The New York herald., 1874-07-21
appropriations finally made in the following terms,

Maintenance .Iss,a and government of public places
streets roads and avenues etc, Twenty third
sAu A"cnS'iourth wards WVD
Total $685. 0n
You state that as President OF the Department.
OF PARKS you thereupon requested an explanation
OF the directions contained IN such appropriation
from the Board OF Estimate and Apporiionment
but that up TO the date OF your letter to the
reply tnereto that the operations of your depart
ment Will not wait but that neore proceeding to
reduce expenses in tine department by discharging
its employees and the discontnuance OF ali the
works OF construction, the Commissioners govern
ing your department, have instructed you to call
10 the facts OF the case and procure
his opinion whether the Board OF Esti-
to impose upon the department OF Public PARKS
the restrictions contained IN the APPROPRIATION
and particularly that contained in the following
words -"And including the entire salaries OF the
President, clerks, otficers and employes other
than lOremen OF laborers"
hoping that the Board of Estimate and Apportion-
ment IN compliance with your request, would
make some explanation in reference TO the ap-
preparation for your department. which would OBJ
viate the necessity Of reply to your letter to the
Counsel to the Corporation. l und darstand that
you are still without response to your several
communications to the Board OF Estimate
and Apportionment, that the officers and
paid Tor the month OF June last, and that you
await the opinion OF The Counsel to the Corpora
the rest OF the year all work OF construction in the
different parks The charter OF 1873, IN the Sec
non relating to the law department contains the
following provisions THAT no orlcer or de part
ment, except US herein otherwise provided. snail
have or employ any attorney or counsel; put 1T
shall be the duty OF the law department iurnlsh
to every department or ocer such advice and legal
assistance as counsel or attorney In out OF
court may be required by such oflcer or depart.
ment. The counsel then states that as he Is coun-
sci to both departments concerned it would be
more agreeable to the law department and TO the
officials interested that the matter should be de-
cded by the courts rather than the Counsel 10 the
Corporation. But as 1t Is impossible Tor this 10 be
.lnn hn % rn1 Int ttnrN NVtth
delay.
The counsel then reviewed the permanent
powers OF the Board OF Estimate and Apportion-
ment, which defined by chapter 573, Laws of
1873 and chapters 1875 and 779 OF the Laws of 1873
1t Will be seen by an examination OF the various
statutes conlerrlng powers aud developing duties
upon the Board OF Estimate and Apportionment
that in regard to large portion OF the amount TO
be included in the estimate the Board has no dis.
cretion, while with regard TO the balance its
powers are almost unlimited.
as aS are the OF the
raised by taxation, 1t Is, IN his opinion, perfectly
clear that its powers and duties In making the an
nual estimate relate TO but one subject, and that
Is the determination except IN the cases above
mentioned, when the Board has no discretiOn) Of
how much money raised by taxation shall be an
nualy expended for the public business the city.
Neither with the question how much money shall
be raised by the Issue OF bonds authorized by
special acts of the Legislature nor with the ques-
ti0n how much money shall be expended, has the
Board, in his opinion, any concern whatever. II
Department that this view OF the matter was
taken by the Board itseA
The Board OF Estimate and Apportionment can
determine how much money shall be raised Tor the
use OF the Department OF Parks by taxation, and
for what purpose that money shall be expended;
but when 1t undertook, IN erect, 20 say that no
salaries OF officers clerks or employees should be
paid Of any fund but the $495 900 appropriated
by them. he was constrained to ADVISE that 1t ex-
ceeded its lawful powers. and that It's action IN
this respect Is null and void. The counsel, how
ever, credited the Board of Estimate and AppOr-
tonment with the prasewOrthy motive OF lessen
Ing city expenditures.