The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-23
APPORTIONMENTS.
General Talk Between the Members OF
The New Board.
MAYOR COOPER WANTS TO KNOW.
Can the Head of a Department Exceed
Its Appropriation?

1t was ten minutes past two o'clock yesterday
afternoon when Comptroller Kelly accompanied by
Mr. James L. Morrison, the private secretary of
Mayor Cooper entered the Mayors Office to attend
the first meeting of the Board of Estimate and APP
portionment for 1872 The Comptroller and Mr..
Cooper shook hands cordially AMI remained for a
few moments in conversation until the arrival of
Tax Commissioner Wheeler and Mr.. Jordan l.. Mott
1.-THE president of the Board of Aldermen), the
other members of the Board of Apportion-
ment. Mayor Cooper presided and Comptroller
Kelly occupied at his right while the left
were seated President Mott and Commissioner
Wheeler The proceedings were opened by the
adoption of several resolutions, directing the issue
of $4,000 worth of Croton water stock, and
$4,000 worth of assessment bonds. These resolu-
lions all passed in compliance with requisition
sent to the Board by Commissioner Campbell, of the
Department of Public Works.
AN INTERESTING DISCUSSION
Every year in making up the citys budget an
amount of money is inserted which it is thought will
be sufficient to pay whatever judgments may be OBJ
tanned against the city. In the preparation of the
budget for 1879, however, the sum of S450000 was
appropriated i'll order to pay Judgments and
caims"-the word claims" being added to the title
of the account This it is said, was done so that
out having pay interest and legal expenses. This
subject was brought up yesterday by Mayor Cooper.
when the following discussion ensued:
Mayor CooPER-I would like to ask the other MEN,
bers of the Board question in relation to the APP
preparations for judgments and claims against the
city which find i'll the budget for 1879. Is there
anywhere in the action of this Board anything which
limits the appropriation to any particular class of
claims?
Comptroller KELLY-In the case Of certain claims
where departments have exceeded their appropria-
tons creditors could obtain judgments against the
city and what is the Of mourning the expenses
OF litigation in addition to the amount claimed
Mayor CooPER-Then if l understand the Comp
troller this appropriation would cover any claim
against the city:
is another view that be taken the subject
this is that the appropriation would apply only to
those cases where there had been deficiency in the
appropriation.
Mayor CooPER-Then suppose in every where
department &. bureau has exceeded its appropra-
ton by expanding more than was allowed in the
budget the deficiency can be paid out of the appro-
pration for judgments and claims?
Comptroller kELLY-Yes. In the case where the
department is charged by law with the performance
of certain duties. and it is impossible to carry out
the law in this respect it would have valid claim
against the city for the of expenditures
the appropriation.
POWER OF THE BOARD.
Mayor CooPER--Then understand you to say that
the Board of Estimate and Apportionment has power
in case any department expends than appro-
pration to pay this excess out of the appropriation
for judgments and claims?
~ \ ';s - 49,, 49,, =, -. -. .5o.
stand it.
Mayor CoopER-Then it amounts to this, that not
", Is, ca,, Ne ;,c.rad ~ 1910 20 ~. 40,
preparation this defect is practically remedied by
% pp 5i,,ar w ,,,, y - sarts;ri,, ,,".
Comntroler KrrfyTbe onnronriation rrovides
- 9i o 49, -, - 80 non prosiues
Ior tnese s 'u f, aa "a, General way.
nstanca sn,nosa I'm. Il bad ;ncnrrsd 1850 ~,
.~aasa 80 a., m, aoar,i,,i, -. -,
oninion Mr. CofnutrollersI sunpose thew could he
LII ont oe thio anrro,r attn tpr ndr'nants "a
rIains
Comntro,ler Krrnv-The Department OF Parks was
provided for They cave notice before the end of the
80 t,a+ there ,rn,,7j ha a Jascioncy anS tba poard
;ansfarred so5 ono 20 tbern fron, the ntnrast tnd
Navcr Cocppra .denartment can 90 on then aud
incnr exnenses in excess or its annronr;a,ion and
,rovison can he mad in tho nrxt hudtet 70 cure the
efect nv nrovid,ng for il in the anpronration for
JUDGMENTS and claims
Comntroiler KrIJy-If the denartmen ts are charcoal
NV I WITH erain duties thav nnst i ge
aynensas or tbev can,nt carry on their a.
nartmenfs Where thev have no r,onev to ,,av their
exenses at the end az ,he wear the credit
ors gbt resort 70 tbe courts and get ana
fere 10 no ae i'm aving interest," ON Tie elaine and
80 10 e ~ f1!iius oi INC @i""s "io
HIaynr S,,oprp ieo you hold Nv comntrol,ar
that where there Is no CONCENTRATION for the
Sc dars,,na,,, s,,ch axo,a 60 I've ,a,d on, - &c
uepsi I'M, t en ye pau oI ~ OF . .ne
-, ii,ptton br ;he Srnrosed ae;on ns tbo poad
No. !, a~nl,, d, an, cisi,i - 49, '
THE I,w oY THE sI-prrrr
cor,,nissioner WIryrrp'rbe law SAYS that no d.
,sYtn,a,,t shall eycaaJ IT, annrnnr;atinn al 40
pattinen sh ha eheeeu a,s approprlaon, ana 40
rovered ~ ~ " '' No"- 's ~
wavor cooprp 7 doub. xxbotbor thov .ha c-oa,t
,rs1 cnnId racov,.r ,yberc Thnrs - no sn,nrnrrat;r
Conutroar KrJrvI tbinl there w ca he ~, d',ht
rronriate the amnunt rea,lired Inv law tn he annrp
.ta,aI tba crol,ors .a, raco.ar' vIaro AZ, r.,
p,';Ias ~, a .ar,ai, ti,,,,1 sn.Ii ha ino III n
apnropration is made the citv would necessarily be
sPP,oPi"''oA 40 ANN' VAC ei'' "'"id oSo9'Sihy oe