The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-08-05

ing department..
Harrisburg, Aug. 2, 1897.
c. c. Boland Esq,
City Treasurer, Scranton, Pa.
Dear sir: The state treasurer has re-
ferred to this office your letter of the 3lst
ultimo in the matter of the portion of the
state tax on the premiums of foreign
fire insurance companies to which your
city Is eltitled under the Act of 1895, and
in answer thereto l have to say that the
share of your city for 1896 will be 81
26l.27 and that this amount will be paid
as soon as the computations of the va
rious amounts due al the borcughs and
cities have been made, which / suppose
will be about the first OF September, but
probably not Until q little later.
Very truly yours,
Amos H. Mylin,
Auditor General.
Brcker.
The intention of the men who
framed the law was to have this money
go into a fund in the cities, boroughs
and townships of the state for the re-
lief of firemen who became sick or
disabled while In the service. That
intention could not be expressed in the
bill for it would render it unconstitu-
tional. There was a taclt understand
ing, however, that the money should
be used for the relief of the firemen.
FIRST PROPOSITION.
1t was at first proposed that fire.
mems relief associations be organized
and the money due to each city, bor-
ough and township be paid into the
treasury of such associations. This
it was found would be illegal as the act
does not specify that the money shall
be credited to any particular fund and
councils have not the power to appro-
pirate money from the general city
fund for charitable purposes. City So
licitor Il. NJ. Trexler, of Allentown, has
rendered the following opinion to the
city controller of that city on the sub
ject:
James Hausman, city controller.
II am in receipt of an inquiry from You
which reads as follows:
''The finance department of the city
councils has passed q voucher in favor
of the Allentown Firemen's Relief as
ISOLATION for $i65.66 as directed by ordin-
ance No. 1874 Ga copy of which is hereto
attached approved June 4, 1897. This
voucher has been presented to me to be
countersigned. Will you please inform
me whether councils can legally appro-
pirate money from the city treasury for
the purpose mentioned in said ordinance.
and whether l have the right to counter
sign said voucher"
The ordinance in question appropriates
the money received from the state treas
urer in accordance to the act of June
2Sth, a. d. 1895, Pamphlet Laws 410.
That act in substance provides that one
half of the two per centum paid upon
premiums by foreign insurance companies
shall be paid to the treasurers of cities
and boroughs in Whicn said insurance
companies do business. 1t will be noticed
that tho act of assembly does not pro-
vide what disposition shall be made of
this money so paid to the treasurers of
cities and boror CHS for any specific object
but can be rsed by them as the author
tiles of said cities and boroughs see fit
provided the use of said money is such
as is sanctioned by law.
THE ONLY QUESTION.
The only question therefore TO be con-
sidered is whether the c:ty has a right,
under its charter, to appropriate money
to the Allentown Firemen's Relief asso-
citation. 1t is a well known principal of
municipal law that a city has no powers
except such as are expressed in its chart
er, or such as are necessarily implied
IL Norder to carry out the object of its
incorporation.
The acts of assembly governing cities
of the third class does not contain any
grant of power which would authorize
a city to appropriate money tc the Fire
mems Relief association. In fact if such
power were contained in the acts of as
sembly it would avail nothing.
The constitution of Pennsylvania, ar
ticle .. section 7, provides as follows:
"The general assembly shall not author
ize any county, city, borough, township
or Incorporated district to become a
stockholder in any company, associa-
tion or corporation or to obtain or appro-
pirate money for or loan it's credit to any
corporation, association, institution or In
dividusl" Under this section the legis-
latue would have no right to authorize a
oity to appropriate money to any corpora
tion or association. In the case of Wilkes
Barre City hospital vs.. the county of Lu-
zerne, 81 Pennsylvania state Reports,
Page 55. The act of the 21st of May, 1874,
enabling a private incorporated hospital
TO make requisition upon a county for
the payment Of its charges for the sup
pert of patients under its treatment even
though they be paupers, was declared 10
be unconstir ional since it was an appro-
prlation of money by the county to COR
poration.
regret that cannot find any way to
advise you to pay this money TO the AL
lcrtown Firemens Relief association The
objects of the association are such as
appeal to every ones sympathies.
The law on the subject is, however,
very plain and hardly admits of any
discussion. l must therefore advise you
T1at you cannot lawfully authorize the
payment of the warrant by countersign-
ing the same.
A RELIEF BOARD.
Tn tbic nitu a. is pronoead 20 o,o4