The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-06-08

er the city council can appropriate money
for band concerts turns on the meaning
of "other public celebrations" that is to
say whether band concert is public
celebration. A notion appears to exist in
some quarters that in statute words &C
quire some different meaning from what
| ordinarily attaches to them. AS matter
| of fact our statutes expressly provide that
| s'words and phrases shall be construed
according to the common meaning of
the language" Now let us construe
celebration according to the common
meaning of the language and see if it can
be made to include band concerts. Web
ster defines celebration as 'shonor or dis
tinction conferred scommemoration
| or observance with solemn rites or APP
propriate ceremonies The fundamen-
tai idea of celebration is commence
ration OF some person OF event. We
| celebrate the Declaration of Indepen-
| dence or the birthday of Washington.
But in band concert given on an ordi-
nary day of the year there is no idea of
commemorating anybody or any thing.
The only idea is to please the people who
listen; and the word celebration can
only be made to cover such concert by
| giving it a meaning which is recognized
| by no authority under the sun. To
include concerts it must be con-
| strued to mean some exhibition or
| performance that entertains and pleases
the people. But Gen. Lynch relies upon
the case of Massachusetts town, which
the court was asked to enjoin from APP
propriating money for band concerts,
and which it refused to do. By the pub
lie laws of Massachusetts, city councils
are authorized to make appropriations
for s'armories, for celebrations of holt
days and other public purposes" Gen.
Lynch says ''there is astrong similarity
between this language and the language
of the city charter of Portland Insome
respects there is a strong similarity and
in others a strong dissimilarity. Both
statute and charter allow appro-
priations for public celebrations, but
! the statute goes further and authorizes
appropriations for other public
purposes while the charter stops
| at celebrations. The Massachusetts,
town derived its authority to APP
propriate money for band concerts from
the four words 'sfor other public pur-
| nocaS !, which GRO not found ~, +J,a Do,+
land charter. The real question before
the Massachusetts, court was what con-
stitutes public purpose within the
meaning of the statute. The confess
tants claimed apparently that to consti-
tute public purpose for which it was
legal to appropriate money the thing in
4 tended to be done must look to the salts
faction of the necessities or economic
wants of the community, but the court
held that the word ssother'' implied that
a celebration which administered to no
necessity or economic want was recog-
nized by the legislature as a public pur-
pose'' and therefore that the absence of
such features from band concert did
not take it out of the category of public
purposes. But our charter merely author
ICES appropriations for public celebra-
lions. Its language is specific. 1t con-
fers no authority, like the Massachusetts,
statute, to appropriate money for public
purposes in general.
1t is familiar rule of law that when
special powers are conferred upon a
municipality they are to be strictly con-
strued and confined within the limits set
by the legislature. The legislature con-
ferred upon the city of Portland the
special power of appropriating money for
public celebrations If that power can be
broadened so as to include band con-
certs, it is difficult to see why itcan not
be broadened so as to include any enter
tainment that ministers to the pleasure
of the general public. But while the
soundness of General Lynch's opinion is
doubtful, no question will ever be raised
in regard to it before the courts unless an
attempt is made to give band concerts
on Sunday. But if that is attempted, the
question is certain to get before the
courts with the result probably of de-
feating an appropriation for concerts on
week days. A fight for Sunday band
concerts means no concerts at all.