The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-03-07
NO CITY APPROPRIATION
Attorney Stewart Says City Can MOI Help
the Deep Water Project
AND CAN NOT APPROPRIATE ANY MONEY
For Helping the Cansc ns Desired ny
the Local Deep water Committee.
Full Text of the opinion.

| City Attorney John s. Stewart, Mt the
request OF the mayor and finance com
mittee. has prepared the following opinion
on the LEGALITY of the proposed appropria-
ton by the city for deepening Buffalo
bayou:
Mayor and Finance Committed
Office OF City Attorney. Houston, Texas,
March 8, 19U0--Gentlemen. Inc memorial
| TO tho city council by the deep water
committee has been presented to me for
| my legal opinion. and feeling the Import
ance OF the matter and the great concern
| to the city OF Houston OF assisting tho
| deep water committee in every way pos
sible, 1t Is with hesltancy that submit
my opinion dinering as l do In my view
OF law from the learned lawyers who
signed the memorial as two OF the COM
mittee.
Taxes must be applied to the PURPOSES
named In the levy, and the city council
has no power to direct 1t 60 any other
use. This proposition is fundamental aud
needs no citation OF authorities to sub
stantiate it.
The charter has a provision quoted In
the memorial, giving the city the rignt to
levy and collect a tax on all steamboats,
and other craft running In said bayou to
the city Of Houston, for the purpose OF
improving the navigation thereof. This
would embrace only that portion OF the
bayou in she city limits, and, | take 1t,
contemplated improvements made by the
city, and | do not believe the city has the
right to levy such tax where the improve
ment is done by the United States gov
ornment; In fact. l doubt seriously the
validity OF that portion of the charter
4 provision, as navigabe steamers are UNI
der the control OF the United States gov
eminent, consent OF that power must first
be obtained before such tax could have
been levied. Anyhow no such tax has
been levied and there are no such funds
on hand to be donated.
In regard to the proposition submitted
! by the committee that the bond tax levied
prior to June 2. 1883, can be appropriated
| to the deep water fund, | desire 10 say
/ that these taxes were levied for tao spe-
cihc purpose of paying certain outstand-
! ing debts and bonds OF the city of Hous-
| ton. most of which debts still exist IL Ia
! true thnt the form of indebtedness in
most cases has changed, bondholders eX-
! changing the old bonds for the bonds is
sued under tho provisions of the ordi-
rance of June ?, 1883, but the old debt
remains and can be easily traced into
the new issue of bonds.
IT seems clear to my mind that the city
can do nothing with the taxes levied
prior to June ., 1888, when collected, than
to apply such proceeds to paying the in
terest and creating the sinking fund for
the payment Of the debts for which the
taxes were originally levied, and it makes
no difference whether the boudholders
have taken new evidences Of Indebtedness
or not. II she proposition of the com
. ! m 70 M ron -
soning every time the city made an issue
OF refunding bonds, all taxes unpaid prior
to the date OF the refundng bonds could
be appropriated to any purpose and neei
not be applied to the payment OF thC
bonds refunded. Again. II this PROPOSE
tion IS true, the purpose for which the
tax was levied has failed to exist and thS
: city has no right whatever to collect an!
; Of the bond tax levied prior to June .
1883. l do not believe this proposition
sound, aud submit that It is the cleaI
legal duty of the city to collect thes,
J taxes and apply them only for the pur
poses OF paying the debts for which the!
were levied, which still exist, though tn,
evidence of indebtedness has changed it
form
Attention is called in the memorial tina
by the amendment to the charter passe,
ny tho last legislature the city may pro
gard l quote the charter in full. whlcl
reads as follows 1T shall be the dut,
= of the city council, at its first meeting Ii
February each and every year, TO appro
pirate such sums OF money respectively
for each of the various departments Of tn
city government, aS said city council shall
d deem necessary for the proper mainteu
:, ance OF the same during the curron
" year. Such current year shall be deeme
tn l, 1t ~
: to such meeting and to end on the 3ls
, day OF December next thereafter Sal
council at said meeting shall accordlngl
appropriate q certain sum of money TO
the use OF each OF the following depart
0 ments of said city government, to-wit
Public school department, police depart
ment, fire department. street and bridg
department public health department
{ salary Of officials not included In the ap
preparations for the foregoing depart
ments, public lights, water works, coupe
9 interest and sinking fund, and such othc
!, departments as Il may be deemed prope
to mention, together with an appropria
ton for the sum deemed necessary 10
n contingent fund. and to cover all mis-
n cellnneous expenses not mentioned unde
the head of any special department"
From reading Of the above IL seem
: TO me that the contingent fund" name
+ tNhNa'u Nv unth LOT current expenses {
the city for the current year, as unde
the levy, as made the only fund that th
10 contingent fund could be obtained froI
II would be the levy OF per cent per an
4, mum, and this levy particularly state
that the sums collected shall be apprc
" priated TO the payment OF the current ok
~ penses Of the government Of the city {
10 Houston. ] hardly think that an appro
n priation OF ten thousand dollars, TO b
used for the purpose OF speeding N
il measure now before congress looking
the Improvement OF the navigation !
Buffalo bayou however laudable thl
i purpose may be, could be classed as
n current expense of the government OF I'd
: CITY Of Houston
y regret exceedingly TO differ from tn
n learned gentlemen Of the committee as /
l. their Interpretation OF the law and wis
"a exceedingly that could advise the eli
= council TO make the appropriation asked
'e NO one viii deny that the money aske
y would be righteously appropriated Ito m
" very best interest Of the city, and ii Il
project to which every citizen fshoul
within his means give llberaIly. as IN
~ tnture OF Houston In great MEASURE de
= ponds upon securing this approprtqtior
~ but fail TO see that the city council ma
any legal authority 70 make the donate
"a asked. Respectfully submitted
ly John s. Stewart,
l. City Attorney.
r.