The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-10-05

MENr, &c. s
special meeting II e ths coh,i1on hlas a, com
cilf was held syestessdia afternoon Id tie
Council chamber, President AndefSon IN the
chair. :fe s.g1i;s :s;s
|, The President laid. before the Council the
following comnlun Rom me CITY At
|torney ,.s !,
-t,i1i orfrcE OF raniE rCffI HrroRNEY,
q RIcHMoED, Va, October q 1876. s
q 105ihe Common CotineiEl:: ~
NGeDflemsn, -A resolution approprE
|ating 5000 from the. contingent fund for the
relief Of the sufferers BY yelloN-ieyer IN
Savannah has been referred to me Tor my
|opi1fon as to the authority Of the Comlcii
TO make the proposed approp opriatfon
ssThis question depends, on the scope Of
the authorityaof the Council TO- 10y taxes,
since it is an appropriation Of the 1ublic
revenue. s. .sjs
i aNoow. no proposition is better settled
thansthat city has no original authority TO
lay q tax for any purpose. Its powers are
entirely derivatiye, and TO ascertain its aus
thority in this respect, as In Others, rcaer-
ence must be had to lis charter. For no
purpose not specifically enumerated in its5
charter, or In some: law OF the State appit-!
|cuDit W tut uOI ucfcsn<1tiy hASAsoSlD'
to the corporate life; aud welfare, can the
public taxes be used. / =. IS ss SIS,
aNow, it will not be c6ntended that the
purpose OF the proposed appropriation fails
within the scope of these general corporate
uses and necessities for which taxes may be
levied. It proposes no tbeneft 10 the CON-
munity within the corporation the test OF
the corporate character OF an act, as declared
by the Court Of Appeals in Goddin us.
Crump, Leigh. as15'.iifG s.
/ "D0esit fall within the specific enumera-
tion of objects that the Council is author,
lied to provide for? This is found In sec
tion 10 Of the charter, and isyery detailed =
but there viii be found no object which, by
| the greatest latitude Of construction cotiid
include this charity. am OF opinton3S
| therefore, that it Is beyond the lawful au-l
thority' Of the Council. Nor is the obiec.
tion less potent on the side OF reason than
fauthority. II the Council may contribute
$500, it may contribute S5,00Oi II to the
unhappy people OF Savannah, then to the
4 lServians. II to succor the people who are
bereft by this pestilence, then to relieve the
distress to any individual OF any community
arising from whatever source and in what
ever country. Such q claim OF authority
would be conceded to- be monstrous yet
the reasoning which would Justify the one
would equally vindicate the other. II
7 st am, therefore, respectfully; OF opin-
ion that the Council has no legal power to
make the appropriation. N
| tf"Your obedient servant,
GA. NJ. KELLEY, City Attorney"
Mr.. Straus moved that the, roll be called,
in order to ascertain IL q quorum was pre-
sent. I
The following gentlemen, responded to
their names: Messrs. Christian, Davis, Ell
lett, English, Foster, Hargrove, Higgins,
Metzger, Oliver, Pulliam, Straus, Talbot,
Taylor, and Wood. M
! It appearing that there was no quorum
/ present, Mr.. Straus moved to adjourn.
Mr. Talbot suggested that 1t would be
much better to wait awhile In order to get
quorum and end the matter.
Mr.. Straus: Very well. I'll wait hye
minutes. ,si. -, 81
Mr. Talbot: move that the Sergeant-at-
Arms be requested to go out and hunt up Q
member. sf.zi y .,s.
Mr.. Taylor said in the face OF the City
4 Attorneys opinion he did not suppose thai
any gentleman would insist on the appro-
fpriation, and he saw no need in having {
j quorum. He would therefore move to ad
.Iiourn; which motion was put and adopted