The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-23
PRICE TWO CENTS.
THE MAYOR WANTST0 KNOW.
ASKING INTERES TJN0 QUESTIONS OF
CONTROLLER NELLY.
How the Charters Provision that FSpeRdi-
tures Shall Not Exceed Appropriations
is NuiIined-InformniIon that IL Wanted.

How the Charter. Provision that Espe~di-
tures Shall Not Exceed Appropriations
is sNuiIined-Informn,Ion that IL Wanted.
Tho Board Of Apportionment Is composed
this year Of Mayor Cooper. President Mott Of
the Common Council Comptroller Kelly and
President Wheeler OF the Tax Department It
held its first meeting yesterday Tho Comp
troller was authorized to issue $50 900 Of assess-
ment bonds. $4,000 OF Croton. water stock.
and $50 900 Of Croton water main stock. Then
n discussion arose between the members OF tho
Board concerning the appropriation Of $3.50 900
for the payment OF Judgments and claims that
the last Board OF Apportionmcnt inserted in tho
financial budget for 1879. Mayor Cooper asked
whether the appropriation was limited to any
particular class Of claims. and Comptroller
Kelly replied that when departments exceed
their appropriation the creditors can obtain
judgments against the city, and the expense OF
litigation can be saved by paying the claims
from this appropriation This answer did not
satisfy Mayor Cooper. Ho inquired whether
the Board Of Apportionment had power to pay
from the appropriation OF judgments and
claims the excess Of any departments cxpendi-
ture over It's appropriation. The Comptroller
replied in the affirmative. Tho Mayor was still
unsaiisfod.
sion that no expenditure can, be incurred in
excess OF the appropriation" he said " this
defect is practically romclied by this appropri-
alton for judgments and claims ?"
Comptroller Kelly answered that the appro-
priRtOn provd for those expenditures in
general way. but the Mayor wns not yet satis-
"A department can then 60 on and incur ex-
penscs In excess OF It's appropriation" he said,
"and provision can be made in the next budgoi
to cure the defect by providing for 1t in tho ap-
pr9priation for judgments and claims Z" ,..
y III the departments nre charged 10y law with
| certain duties" the Comptroller replied, thoy
must incur tho necessary expenses. II they
| have no money to pay those expenses at the end
OF the yonr. their creditors might resort to tho
courts and get judgments. There IL no use in
paying interest on the claims and also tho cost
Mayor Cooper was not satisfied with this an
swcr. He asked the Comptroller the direct
question whether he held that the expenses OF
department for which there WAS no appropri-
alton could be paid from the approprlation Tor
| awored this question. He said that under tho
charter. no department. could exceed It's appro-
eexpended I'm in excess m Of the appronration could
| not be recovered. This answer, satisfied tho
Mayor He agreed with Mr.. Wheeler that IL
| was doubtful whether the creditors could re-
cover whore thero Is no appropriation. Comp
| troller Kelly was OF the opinion that the cred
| itors could recover in such cases. He added:
Where the law provides that a certain thing
shall be done. and no appropriation Is made,
NE cliy would nscessnrlly & 1e iiaolni i mHy1a a,
| city by acts in violation OF law. An official"
| he said. has no right to incur an expenditure.
and then ask for an appropriation to pay
President Mott at this point made his nrst
! speech. He said that innocent credtO might
| suffer by this construction OF the law. They
might furnish supplies to the city without
| knowing that there was no appropriation from
| which to pny for them.
The Comptroller closed the debate 10y sug-
| gesting that the Mayor get the Corporation
Counsels opinion on the subject under dis
| cussion.
Thercupon Mayor Cooper said that warrants
for 5000 900 Of judgments and claims had been
presented TO him. He wished to know whcthcr
the appropriation OF ti5O.OOO for the payment
Of Judgments and claims would be sufficient.
The Comptroller could not tell. A number OF
judgments came in Mt the end Of last year. he
said. Among them were judgments for s2s 900
in favor Of the Police Surgeons. The Mayor
asked tho Comptroller TO furnish the Board at
its next meeting with the amount Of judgments
against the city obtained before Jan. /. 1879.
anI which remained unpaid on that day. Tho
Comptroller promised to give tho Information.