The daily morning journal and courier., 1896-08-27
THE COUNCILMEN CONCUR
ACTION ON THE MAY.
 OR'S MESSAGE SUSTAINED.

Ex-Governor Ingerson's opinion-The
 Assessing Authority Must Determine
 Expense of "Original Construction"-.
 The City Has Not Precluded Itself-Lf
 Hung Chang to be Received-It Now
 Appears as If Work on Streets Would be
 Commenced.
 The board of councilmen concurred last evening in the action of the alder manic body on the resolution of Alder- man Rourke, instructing the board of public works to order the paving of Orange, Trumbull and West Chapel streets begun at once. The vote sus- taining the senior branch of the munt- cipal government in it's refusal to &C., cept the mayors veto was larger than the vote of the aldermen the evening previous The contest was both short and sharp, and both Councilmen Pick ett and Norriss disputed every inch of the ground. The fight began when Councilman Beers moved to concur in the action of the aldermen. The motion of MT. Beers was amended by adding the words notwithstanding the veto: The member from the Ninth accepted the amendment. Councilmen Pickett and Norris lchampioned the respective sides, the latter offering among the other arguments the following opinion of ex-Governor Charles R. Ingersoll:
 New Haven. Aug. 26, 1896. c. $. Morehouse, Esq:
 Dear sir: You have submitted to ma the proceedings of the city authorities regarding the pavements in Vest Chapel, Orange and Trumbull streets, together with the contracts between tho city and the Boston Asphalt company. for my opinion as to whether there is anything in those contracts to preclude the city from making the proper as- sessment under the legislative act of 1895, of the cost of constructing those pavements, upon the proper parties i'm dicated in the act.
 I agree with the corporation counsel of the city, that the legislative act of 1895 limits the power of assessments under it to the expense of the origin al construction of the pavements, and if the contracts referred to provide for the payment not only of the expense of original construction, but also the ex- pense of subsequent repairs, an assess ment based upon the whole sum ex- pended under the contracts, both fog original construction and subsequent repairs, would be objectionable.
 But no such assessment, nor indeed, any assessment for the expense of tha original construction" of these pave- ments has yet been made. The assess ment contemplated by the act must ba made hereafter by the proper authority for that purpose when the expenses original construction Is ascertatned. The contracts do not necessarily de- termine that expense, but the assessing authority must determine it, as in similar cases of assessments for bene- fits, upon legal proof, and as it would have to be determined if no contracts for whole work had been made.
 I am, therefore, of the opinion that the city has not precluded itself, by it's contract with the Boston Asphalt company, from making at the proper time proper assessment of the costs of such pavements," as provided by tha legislative act of 1895
 Very respectively yours,
 CHARLES R. INGERSOLL.
 At the close of thirty minutes' dis- + Ao1 .~11 yea and nay vote asked.
 Those voting aye were Messrs. Fuller, Leary, Faulhaber, Corcoran, Thomas, Keegan, Simpson, Canon, Marx, Mar tin, Belz, Norris, Gompertz, Ryan, Kinsella, Klinkerfuss, White, Beers, Burton, Isbell. Hubbard Lilja. Brown, Marlowe, Wirkus-25. Voting nay were Messrs Darlington, Fullerton, Liefeld, Sperry. Unger, Pickett, Clarke-7.
 President Dewell declared the action of the aldermen concurred in.
 Councilman Beers motion to concur in Alderman Chillingworth's resolution instructing the mayor and the corpo- ration counsel to obtain certain amend- ments to the contract between the city and the Boston Asphalt company did
 
 Chairman Dewell declared that the matter could not be acted upon.
 Councilman Norris differed from the chair and cited precedents. The mat ter was referred to special joint com- mitte to be appointed on the motion of Councilman Beers.
 Action on the majority report of the street committee on. the asphalt con- tract, and also the resolution annullina the contract was indefinitely postpon- ed. E
 A resolution offered by Councilman Pickett instructing the mayor to ar- range for suitable entertainment for the Chinese ambassador, Ii Hung Chang, should he determine upon visit to this city, was adopted unani- mously.
 The president announced that the table was cleared, and the council adjourned.
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