The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-09-21

BUSHNELL MONUMENT FUND.
An Opinion by the City's Corporation
Counsel

An opinion by the City's Corporation
Counsel.
Corporation Counsel Robertson hand
ed down an opinion regarding the Bush
nell monument fund yesterday as fol-
lows:
To the Honorable Board of Finance OF
the City of New Haven:
Gentlemen--I am in receipt of the fol-
lowing communication from your board
under date of August 81:
"Voted-That a copy of the resolution
passed by the court of common council
and approved by his honor the mayor
be forwarded to the corporation coun-
sell and that he be requested to give
the legality of such an appropriation
being made on behalf Of the city of
New Haven
The resolution enclosed approprates
the sum of $500 towards fund of $685.
900 to be raised for the purpose Of erect
Ing suitable memorial to Cornelius S.
Bushnell, a late citizen of New Haven,
by whose energy and perseverance the
ironclad Monitor was built, which did
so much to prevent our seaport towns
from being levied upon and laid waste
and our national capital endangered
during the late civil war.
However desirable and conlmendable
such an appropriation may be and how
ever instructive to the rising generation
such monuments may be has 10 bear
ing upon the legal question involved,
which Is: Has a municipality the right
to expend the money of its taxpayers in
the erection of memorials In honor of
its citizens, however deserving?
OF course, if such power is given to a
municipality by it's charter there can
be no question. After a careful reading
of the charter of the city of New Ha-
ven l find no power conferred upon the
court of common council of the city of
New Haven to make an appropriation
for public monuments.
The question therefore resolves itself
into the general one-Whether cities In
this commonwealth, by virtue of their
general powers, without any special au-
thority conferred upon them by their
charters, have authority in their corpor-
ate capacity to appropriate money for
public monuments and assess the same
In common with other expenses upon
the taxpayers of the municipality.
Dillins Treatise on Municipal Corpor-
ations Is here quoted
| am of the opinion there would have
to be more flexlbility in the law than |
am able to find In order to give to this
appropriation the semblance of legality,
for 1t must be remembered that where
there is any doubt the courts will de-
eide against the right of the municipal
ity to make the appropriation.
Hard as it may seem at first sight |
that municipality should be deprived
of the power to appropriate money, by
a majority vote, for the erection of a
to one of its distinguished |
on the other hand the policy |
of the principle which denies such right. |
unless granted by charter, is very evil |
dent, If the money could be legally ap- |
towards the erection of q
memorial to Mr. Bushnell moth |
ing could prevent the court of common |
council from erecting monuments ad in
1nitum to all the citizens of New Ha-
ven, irrespective of their merit.
| am therefore of the opinion that, in !
the absence of any provision in the city I
charter authorizing such appropriation,
the same is ultra wires and void, and [ |
would advise the board of finance not to
approve the same unless some special |
power should be obtained in the future
from the general assembly.
Respectfully submitted,
A. HEATON ROBERTSON.