The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-04-03
INCREASE OF S31, VOTED
CONTINUED from First Page.)

| the order to the clerk of the fire depart
ment on that occasion. He stated FUR
| Their that he knew positively that mem
| bers of the fire board had seen the copy
| of the order which he gave to the clerk
of the fire board.
Both these communications We're re-
ceived and ordered on file.
A resolution was received from Coun-
Gilman J. j. Walsh of the Tenth ward
providing for the passage of an order
to the effect that the court of common
council ask Judge Henry Stoddard for
an opinion as to the legality of the sal
airy schedule for firemen adopted by
the common council. The reason given
for this in the preamble to the proposed
order was that the corporation counsel
had said that he was disqualified from
giving an opinion on the matter. Anoth-
err reason advanced In the preamble
was that the board of finance had made
provision for the payment of the new
schedule of salaries and appropriated
for the pay roll of the fire department
$4,000, and did not ask for the opinion
of the corposation counsel at that time
and that the time had now passed for
the finance board to ask for an opinion.
The resolution also proposed that all
papers now in the hands of the assist
ant corporation counsel and city clerk
be turned over to Judge Stoddard so
that he might know all the action that
had been taken in the matter.
The questions proposed to be sub
mitted to Judge Stoddard were: Wheth-
err or not a special or a general power
was given to the common council in re-
gard to fixing salaries; also whether or
not by their action taken ON March 20
upon the order of the common council
in accepting and approving the order
and in sending it to the finance board
as a pay roll, the fire commissioners
had changed the grade of the tlremen
and accepted the schedule of salary
fixed by the court Of common council.
luminous consent for consideration
of the resolution was given and Alder
man Hall moved that the resolution be
adopted, and the order passed, An aye
and nay vote was called for.
Alderman II. Brennan moved to
amend to refer to the board of finance.
Alderman Walsh said that the cor
pora ton counsel had been ordered to
render an opinion. Now he had declin-
ed to do so, and no opinion had been
rendered by the assistant corporation
counsel who, it was therefore evident
did not care to give an opinion. He
thought the matter should no longer be
buffeted about, but referred to some au-
thority for final settlement He called
attention to the fact that when the cor
poration counsel had declined to give
the finance board an opinion the assist
ant had given an opinion. Mr. Walsh
thought that the aldermanic board de-
served as much consideration.
Alderman e. /. Atwater concurred in
the remarks OF Mr.. Walsh. He said
that he had understood that the assist
ant corporation counsel had said that
the opinion submitted to the board of
finance was not his.
Alderman Dove said that the assist
ant corporation counsels name was
signed to the opinion received by the
board of finance. Further than that he
could not say. In case the question was
referred to other than the citys legal
adviser, who was going to pay the bill?
Aldermen Chillingworth and Hall
favored the adoption Of the resolution.
Alderman Cooley thought that the as
sistant corporation counsel ought not
TO be ignored. He did not think that
this would be treating the assistant
counsel fairly. Mr.. Cooley
suggested that the assistant corporation
might be requested to take le-
gal advice from Judge Stoddard.
Alderman Wallace opposed hiring
other legal advisers when the city was
already paying two.
Alderman Baldwin said that the opin-
ion proposed to be asked for would be
40 more binding than that of any other
egal adviser. If there was a legal ques-
ion to be settled it could only be sattled
n the courts.
Alderman Dove moved an amend
nent to insert the name of the assist
ant corporation counsel in place Of that
If Judge Stoddard in the proposed reso-
ution.
Alderman c. f. Brennan thought that
t was a disgrace to the city to allow
he firemen to be deprived of their sal
lries. Their compensation was not
leavy enough to allow them to wait for
heir pay. "The gentleman from the
Fifth" said he. would not want his
alary tied up. If it was he wouldn't |
,e running around after opinions" He |
poke of the new charter and said that |
Is a result of one of it's provisions the |
gentleman from the Fifth (Alderman |
Ocwe) was given as much power by his |
-ote as had the votes of any other fif-
cen members, because he was a MEM
,or of tha hoard of finance and that |
BOARD was the city of New Haven I'M
Ter the beautiful new charter
Alderman Williams objected to ignor-
ng the assistant corporation counsel
Alderman Walsh said that he didn't |
are where the opinion came from, but
lie wanted an opinion and wanted to
NOW whether or not the common coun-
ii had any power.