The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-28
BOARD OF APPORTIONMENT.

| ANOTHER LONG DISCUSSION BETWEEN ITS MEN,
BERs-THE DISTRIBUTION OF EXCISE MONEYS
AND THE QUESTION OF APPROPRIATIONS.
| The meeting of the Board of Estimate and Appor
tionment yesterday afternoon was marked by two
interesting discussions between Mayor Cooper.
| Comptroller Kelly and President Mott. Tax Com
| missioner Wheeler, who also present took no
| part in the argument The subject of making APP
preparations out of the excise fund to various chart
table institutions the first one taken up. and
Comptroller KELLY. in introducing it, said :"In re-
spect those matters that before the Board at
the last meeting relating to appropriations for chart
table institutions propose not to make any appro-
priaton view of the fact that there is only about
500 in the treasury that be used for the pur
| pose"
| President MoTr-When will there be money that
can be used for this purpose?
| Comptroller KELLy-The matter Of the ownership
of about 100000 Of excise money is in litiga-
ton. and until the question is decided the only
money available for these charitable purposes is
what the Excise Commissioners collect from week to
week. Before making any appropriation 1t would
probably be better to wait until the Commissioners
pay in some money at the end Of the month.
Mayor CoopER-These three institutions-the Home
for Friendless Girls, the American Female Guardian
Society and st. Stephens Home-appear to have
legal ella i'm that must pay.
| Comptroller KELLY-There some Of these insti-
buttons that come under the law passed by tho
Legislature of 1878 making the city support them
out Of taxes. We only appropriated $4,000 for the
purpose. This is the only amount which will be
available for 1879.
Mayor CoopaR-The fund has been divided in such
manner as to make the institutions wait until next
month. Now. what would like to know in this
connection about how much money does it take to
make payments to institutions where it is made the
| duty of the Board to do SO?
| Comptroller KELLY-I don't recollect the exact
amount.
Mayor CoopER-It would appear. then. that such an
amount of money has already been distributed
among institutions to which the distribution of
moneys is optional that there is not in
enough to supply those to which the excise moneys
directly appropriated by law, is the with
the Home for Friendless Girls.
Comptroller KEILY-The matter had better 60
until the next meeting.
THE OLD QUESTION AGAIN.
The Comptroller added that there was other
business before the Board, and motion was
made to adjourn but. before the question put.
the following interesting discussion took place be-
tween Mayor Cooper, Comptroller Kelly aud Presi-
dent Mott
President MOTT have matter that would like
very much TO lay before the Board in the form OF
resolution. referred it to the Mayor but the latter
said he thought the Board had jurisdiction in tho
premises. 1t is in reference the expenditures of
money by the departments in cases where there was
no appropriation.
Comptroller KELLY-There have been no bills paid
by the Comptroller where there appropria-
ton which had been made by the Board OF Estimate
and ApportiOnment.
these circumstances Of they cannot be paid.
But there might possibly be innocent parties who
and they ought to be notified whether not there
is an appropriation to pay.
COMPTROLLER EXPLAINS.
Comptroller KELLY-How can the Comptroller
have knowledge of what the heads of the different
departments OF the city government are doing
and the creditors may have knowledge that there
is no appropriation from which they can be paid
Certainly the Comptroller as financial officer OF
the city, can have no knowledge of the fact. II
there is no appropriation. why. the bills Will
matter more fully and for this purpose
will take the Sheriff illustration His charges
are fixed by law. and the bills are presented at the
Comptrollers Office. We must pay if we have the
money. and this also applies to all the county Offices
AS matter Of economy, when the Sheriff has asked
$4,000 have usually allowed him $50, 000 The
appropriation will be exhausted in about nine months
and at the close of the there $4,000
has been provided to pay him. His remedy is in the
courts If he has recourse to law, when tho Cor
city has no defence, and the Sheriff OBJ
tains judgment for the amount of his claim.
for Judgments and claims made. 1t is matter
of economy for US to do So We save the expenses
attendant upon litigation. including interest and
heavy costs. 10 meet such cases We provided for
them in the appropriation referred to. We always
take good care not to pay heads of departments or
bureaus any sum of money the expenditure of which
is not authorized by law.
President MOTT conceive of department
issuing requisitions in cases where the appropria
tons have been exhausted I would like to ask
whether any such acquisitions have been honored?
Comptroller KELLY-Such bills have never been
paid at the Comptroller's Office
A CHECK NEEDED.
President MorN-In my judgment there should be
party receiving acquisitions when there is no appro-
priaton should be notified OF the fact at the time
such acquisitions made.
Comptroller KELLY-The creditors know that per-
fectly WELL
President Morr-How do they know il?
Comptroller kRILY-They know it by looking at
the Endorsement the requisition which contains
the amount which at that time remains to the credit
President MorT-Then if there is no appropriation
1t should be stated on the requlsition.
Comptroller KEILY-That Is not our business
The head of a department should never make prr.
chases or enter into contracts when its appropria
tions exhausted. II he does it he knows that he
is violating the law and is liable to punishment.
President Morr-I think the innocent creditors
should lie protected, and an Endorsement on the re-
ton has been made to pay the bills incurred.
Comptroller KELLy-Have resolution drawn il
you desire IT, and offer 1t in the Board Of Apportion
ment.
QUESTION OF AUTHORITY.
President MOTT have u resolution on the subject
in my pocket but the Mayor is OF opinion that the
Board OF Apportionment has no Jurisdiction the
matter.
| Mayor CoopEn--I don't that have right to
prescribe rules for the government of any depart
inent of the city government The law is very plain
on the subject. We do not wish to recognize any
way the right of the head of department to violate
the law by mourning expenses in OF its appro
priation. In my opinion We should do nothing in
| the matter. We have power to regulate the
ncr ia which department should manage its aairs.
Creditors go to the Comptrollers Office and by
examination of the books they satisfy themselves
to whether not an appropriation has been made.
The heads of departments know that they have
legal power to incur expenses in OF appropra
tons. If they do such pcnscs they lay them
selves open to punishment.
President MoT1-liut there to have been
cases in which 1t has been done.
Comptroller KELLr-Can you point out any par
ticular instancesY
President MoTr-No; only what was spoken Of dur
ing the discussion ut the last meeting the Board of
Apportonment All l know of the subject is
gathered from what heard during the discussion.
TRANSPORTS ARE MADE
Comptroller KEILY-You must have misunder-
stood the remarks made at that meeting. said that
the departments had exhausted their
for particular purposes and that they had made APP
plcatons to the Board OF Apportionment to have