The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-06-12

COMMITTEE REPORTS-REoULUIlO EXON
THE COMMON COUNCIL CONQUERED IN
OPINION OF THE CITY ATTORNEY AS TO
APPROPRIATION ORDINANCE-NEw BUSI-
NESS. &C.
The regular sem-monthfy meeting OF the
Roard Of Aldermen was held Yesterday
fternoon-President Meredith in the chair.
Present at roll-call: MeSSrs. Beall, Cannon,
GRAY. Lipscomb, Pickrell. Pitt, Scott, Smith,
Spangenburg, Wagner, and Williams. :
COMMITTEE REPORTS. !
Mr.. Wagner presented the usual monthly
renort from the Committee on Relief OF the
Poor as to number Of inmates, &c, at the
almshouse: which was received and filed.
Mr.. Scott presented 4 report from the
Finance Committee remitting various
small amounts to persons improperly assess
ed, &c. which was agreed to.
FROM THE COMMON COUNCIL.
Common Council Joint resolutions from
the Committee on Finance were taken up
and concurred in.
Joint resolution granting building per-
mits to Cornelius Dwyer and others was
concurred in.
Joint resolution making certain payments
to orphan asylums, &C., was conquered in.
ence on appropriation ordinance was taken
I'D and concurred in. The Chair appointed
Messrs. Bass, Scott, Todd, and Wagner.
TIE APPROPRIATION ORDINANCE AND THE CITY
ATTORNEY.
The Chair laid before the body a. COM
munication from the City Attorney in re-
sponse to resolution as to authority of the
Auditor to pay out any money until the ap-
,oro,r,afion ordinance il p3Sspd
The Attorney quotes the thirty-fourth sec
ton of the charter and the city ordinance,
and SAYS it is undoubtedly true that without
an appropriation by the Council the Audi
tor can lawfully issue no warrant; and,
with an appropriation, can issue no warrant
in excess thereof The distribution OF the
public revenue by "general appropria-
ton ordinance" is mere matter Of con-
yeniepce; neither the charter nor any ordi-
nance obliSes the Council thus to appro-
pirate the annual income OF the city. 1t is
not even necessary that appropriations be
rrade by ordinance. The charter (section
1S) and the rules Of the Council (Nos. At
and 4Sl, no less than common practice,
recognize the lawfulness OF appropria-
tions by resolution rs we'll as ordinance.
Notwithstanding the failure of the ''gene-
raj appropriation ordinance" as it is called,
il the Council has, by ordinance or resolu-
ton lawfully passed, made q legal appro-
priation Of the public revenues for the cur
rent year, or any part Of such revenue, then
to that extent the Auditor is entitled to
draw his warrant. Now, on the Sd Of April,
1877, his Honor the Mayor approved Joint
resolution instructing the Auditor to pay
the salaries and wages Of the officers and
employees, as fixed by the ordinances OF the
city, the pay-rolls of the several depart
ments, and claims of contractors for labor
and SUPPLIES, when properly authenticated,
as usual, until the said appropriation bill is
enacted. and that he charge such salaries,
&C., under proper heads, when the appro-
priation bill is passed and approved by the
Mayor.
On the 18th the Mayor approved resolu.
ton that 10 work or supplies for more than
300 shall be ordered to be done or pur-
chased by any committee until first ordered
by the Council. 4
81 am OF opinion" says the Attorney,
"that the fair and proper legal import OF
these resolutions is an appropriation, as fol-
lows:
81. OF SO much Of the public revenues as
will pay the salaries AID wages Of the city
officers and employees under existing or
dinances.
"2. OF so much OF the revenues as will
lucci tuC y-Aoh VA t'iS SS'SAoA aSQNAS
1nents. ;
SO. OF so much Of the revenue as will
pay any claim for labor or supplies ordered
by the Council, or any such claim not ex-
ceeding one hundred dollars ordered by q
committee.
"To this extent, and for these purposes
and no other, I am Of opinion that valid
appropriation Of the public money OF the
city for the current year has been made, and
for these purposes and within these limits
am OF opinion the Auditor may lawfully
draw his warrant"
The communication was received.
NEW BUSINESS.
BY Mr.. Cannon: 4 resolution to pay the
amount allowed by the city to the judges OF
the Hastings, Circuit, and Chancery Courts,
and charge same to proper accounts when
appropriation ordinance is passed. Agreed
to.
By Mr. Williams !: A joint resolution to
pay the claim OF Walsh d Mclaughlin,
amounting to S7S0.36, and charge same to
gas-works' account, DC. Agreed to.
BY Mr.. Pickrell: A resolution inquirlne
by what authority the contract for removal
OF rock. at the pump-house has been made.
Referred.
On motion OF aIr. Cannon the Board ad-
iourned.
DEATH OF A BASEBALL PLAYER ON THE