The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-13
CITY Attorneys Views.

was one of the most represeiit a'i' = $3.50
in the City Hall In long time.
City Attorneys Views.
The opnion Of City Attorney Pollard
will be read with interest. IT follo~s;
T am in receipt Of your communlca-
ton OF the 7th instant. asking my oplnion
upon the following points in regard TO the
nreamble, and resolutions concerning the
Battle Abbey" adopted at the last reg
ular meeting of the Common Council,
namely;
whether the recital in the preamble
that the Battle Abbey Is to be located
in Richmond is binding condition OF the
appropriation provided for IN the pody
of the resolution, where said apropria.
ton is made, and whether the city o.
Richmond will be legally bound, II SAID
condition Is not performed
will answer these inquiries In the or
der in which you ask them
First, am clearly Of the opinion that
the recital In the resolutions that the
"Battle Abbey is to be located IN Rlct-
mond Is a binding condition. that 49,
that when the appropriation IS actuaily
made the Council can and should make II
condition precedent to the payment Oh
any part of such appropriation that the
"E5attle Abbey shall be located In the
city of Richmond Indeed, the Council OF
the city of Richmond have no authority
under It's charter. and It Is not likely that
any such authority will be over given 10
make appropriations Of money towards the
erection and maintenance of any instl-.
tuition not located within its limits. An
appropriation for such an Institution be-,
yond the limits Of the city would be an
| act ultra wires. and consequently void and
| not enforceable.
Second, your second inquiry naturally
divides itself into two questions. to which
| I reply:
/. The city of Richmond under Its
charter, with the limitations placed upon
It by the new Constitution, Is not au'
thorized without further Legislative ac-
ton to make the appropriation to which
the resolutions propose to pledge the city.
NEW CONDITIONS. n
The limitations of the new Constitu-
| ton referred to Is In the following lam
| guage:
Section g. The General Assembly shall
not make any appropriation OF public
| funds. of personal property orr of any
| real estate, to any church. or sectarian
society. association, or institution OF any
| kind whatever. which Is entirely or part
ly. directly or indirectly. controlled by
| any church or sectarian society; nor shall
| the General Assembly make any like APP
preparation to any charitable Institution,
which Is not owned or controlled by the
State, except that 1t may. In Its dlscre-
ton make appropriations to non-sectarlah
institutions for the reform OF the youtn'
full criminals; but nothing herein contain
ed shall prohibit the General Assembly
from authorizing counties, cities OF
towns to make such appropriations to any
charitable institution or association.
If + understand the character OF the
building to be erected and tho uses &c
which 1t is to be dedicated, as outlined
In the preamble and resolutions ADOPTED
by tho Commoa Council, and MS elnpo-
rntcd by the advocates of the measure IN
addresses made before that body IT is
proposed that an institution DO estab'
lshed which will afford and confer edu.
cational facilities OF great and constant
asng value to citizens OF this city
without compensation IN return, hnu
therefore, may be considered ''cfar'tapie
In the broad and comprehension sense, IN
which the word Is used In the Constltu-
LEGISLATIVE ACTION,
q In order to make good the pledge
OF the Council, contained In the resolu'
ton, 1t will be necessary for the Legisla'
ture TO enact some general law. autnor-
izng the cities OF the Commonwealth &c
} make such appropriations, as arc pro-
yided In section CT, Of the now Constl'
tuition. above quoted. and If I am COR
rectly informed a bill to this end Is now
pending before tho General Assembly
and will be passed before Its adjournment
or certainly before the budget IS made ur
for the fiscal year 1901, mt which time the
Council will be called upon TO redeem
the promise made in the preamble and res
, buttons, ! am advised that the friends aht
advocates of the measure who appearet
before the Council, well understood TN
legal aspect of the matter and also UNI
derstood that they were expected to pro
j cure the necessary legislation from TN
. General Assembly to enablethe CITY Coun
/, ell to take, as above Indicated final &C
tlon In the premises.
Very respectfully,
: II. II. POLLARD, City Attorney,