, 1879-06-24
THE rs PER CENT ORDER.
ANOTHER OPINION FROM rnn CORPORATION
rnrMkrY

'ss'SseeAss VAAstAVN tHNh 1A4 tUAeVHhlAUH
CoUNBEL.
AT a meeting Of the Council weak AGO
resolution was adopted ordering the Mayor not
to force my Of the proposed reductions IN
tho Police and Fire DEPARTMENTS ,,uior
bis order limiting tic expenditures
to Is per cent Of the ta1.lcvy, and calling upon
fm to moro clearly sot forth his proposition,
tho cisgs financial condition, and the effect md
prfposo Of hia order before any steps wcro
lion Counsel upon the subject, a1ll requested su
'opin!on,'' or an eluctdatiou Of hsa former
"opInlon," upon which tho order had heeo orig
inaii? based; and also the bearing Of the act
valuation Of The property for corporation pur-
poses, etc. The Mayor fer some reason mia,n-
terproted the resolution, and uln consequence Is
anothsr "opnion" Is Jet atlr'ft, which waa IN.
evcnsrg, but was not. II is IL follows:
Cn1cAuo. June 2l.-7As Hon: Carter n. Hdrrs.
son-nEAr Stn:, You havs 5euueated my opinion
a. to The effect anon tha re.enqe of the city !he
folloTtHg entitled acts rnaetd BY the 0entrA1 As
semb1J. md which wifi bo in force July i, IT'D:
IAN ac. TO p.orldo for the manner 81 issufng
ship, school dsaartct, or ather municipal cosnorA.
sion. md jurors certtacAtes"; md - An act to
y .msna sec ~ q A. Of ~ act entitled m act
s.ex''e ''' 'A' incorporation Of cities and VII
! hare already given to tho Comptroller writ.
act, eory Of which IL hetoto annexed. Tho op,u.
Ion which adhere 10 is, In substance. tlat tho
eity cannot anttcipato thu collection Of ta1cs bv
issning warrants aRA!nst uncolleclcd taacs to m
pr cent q ths leYy; and s.af Ii on July j. is7p,
aoans y e s,y %
Of the oyy, additional warrants may be Issued IN.
III such time a. tbs aggregate snonnt OF al war.
IT'D ehal DO 10 per cant Of the t1tal amount Of tho
ley foF thas ysaf, wLoa tle !ssung Of warrants
opinion. It Will TO obscsYcd, relates onlT 10 m.
collected taxes. and does not IN a1y degree affect
appropriations Of money In the Treasury, or to 10
may be included In tho appropriations for tho ycsr
This aecond net nhovo rcntluntd contains tic
following provision, which will apply to future
!" Froptdtd, That tho aggregate amount ot taxes
Levied for :ny ono yeas, exclusive Of Tho amount
tho Interest thoreon shnll not exceed tbs rpto Of
POI centnm npon the aggregate valuation o! alt
ropea.y with;n such e'ty o. village subject to
State and county taxos Of tho preceding yoar,"
Ths lofnt r. effect Of tlo two ac.s my b. iIlus:
s 70 svy IS st sse M sY
for tho payment q bonded indebtedness Of inter-
e no 70 81 Sesa
as assessed and equalizcd for state an county puf
poses for tho year ls7D, and will bo limited IN H.
clnatd in such LEVY 10 the amount or 75 peF ceunrn
o. INC total amount Of tho levy. In othcr words,
wat,ants a9.inst nncollectcd taxes only bc is-
" u
levy, which iteoff shall not exceed per canun on
tho assessment Of 1870 for state and county puf.
poscs. summary Of tho law on the subject would
seen to be thts: Tho Lcnfalatarc has determined
that no Levy exceeding per ceptum on tho asseas-
ment Of tho previous year 10 over necessary in any
event: that Tithin this limit municipal cosporn-
ton ehnll not lGsy moro shan Is necessary tof mu.
nlepa! oxPensea and shail not while tho take. re.
ysas for which they wcsc levled). spend uore than
rs per centum Of tho levy. Resuectfu1jy,
FItANcts ADAMS, Corporation Counsel.
Attached to tho above, aa ts Indicated, /, tho
former op.nion-alrcady prtntcd-nh{ch led to
nil tho trouble, and OF which this Is snply
rehaah. The rcsotutlon called especially for tho
Mayors Interpretation OF tho application Of
tho Is per cent law" not for my further optt,-
Ions from tho Law Department., antl wns in.
troduced as joke. It passed; however, ard since
It passed the Mayor should not attempt to
dodge 1t, more particularly sincc he made his
arbitrary order curtailing everybody and eY-
etrthing without very lucid Knowledge OF the
city'a finances, aud without even "a much a.
consulting tho Finance Committee OF any.
OF tho heads Of departments. Its purpose wns,
no doubt, to induce him to famtliartze htmaelr
with the city's condition, but he has overlooked
1t entirely, md, instead OF doing what was
..aketi OF h!nn, has brought moro lnw to tho sur-
Taco at the aIpcnso Of losEng sight Of tho facts.
It Is not believed that tho Council will accent
tho answer, but, II tho dtacuzs,on and opinion.
making leada to opening his Honor's cyea, It
Will, It 10 believed, hnyo had tic desired effect.
Certainly htA order to rcducc-the sincerity Of
which was questioned ut the ttmc-nill not be
oheyed until hc has shcd moro light upon bis
position.