Waterbury evening Democrat., 1908-05-12
LATIN TEXT BOOKS
Can Be Purchased Without Con-
 sent of the Mayor.

evenings meeting of the board of education withoutAany objection on the part of the members of the board. Before taking up the reins of the board, however, Acting Mayor Scully asked if the members had ob- jection to his presiding. and they an- swering in the negative, the business of the evening began. The follow ing opinion was received from City Attorney John P. Kelloss relative to the negative attitude of the comp ltroller on a requisition for 150 copies of Latin text book entitled "An Introduction to Caesar:
 In response to the request of your honorable body as contained in the following vote, viz:
 l. Has the comptroller the right to refer requisition duly approved by the board of education ito the president of the board of aldermen andCommissioner McElligott of the board of finance for their written ap- proval before purchasing the sup plies ordered by the requisition?"
 2. Has the comptroller the right to refuse to purchase supplies or deered by the board of education, the appropriation to which the supplies are charged being unexpended?'
 8. Has the comptroller the right to refuse to purchase 150 copies of Instroduction to Caesar after the board of education has ordered him 10 purchase them, the cost of same being not over $75 and the urxpend- ed balance of appropriation for text books on the day the requisition was sent to comptroller being $5,000?"
 4. "Whether or not the mayor has the right to instruct the comptroller to refuse to sign a reQuisttion duly approved by the board of education, same having been reported by the committee to whom it was referred, there being sufficient money unex- pended in the particular appropria- tion to which the expense incurred by the purchase of the goods requi- sitioned is charged?"
 5. Upon whose order, or upon what authority under the charter of the city of Waterbury, has the comp troller the right to refuse to sign a requisition duly approved by the board of education, and properly transmitted to the said comptroller, when there is sufficient money unex- pended in the appropriation 10 which the goods ordered in tue requisition are charged?"
 6. What remedy if any has the board of education if the comptroller arbitrarily or if illegally or both re- fuse to sign requisition duly ap- proved by the board of education and properly trasnlitted to the sad comptroller"
 l would respectfully advise you:
 Answering the first question l would state, that provided there is ! sufficient balance remaining in the proper appropriation, taking into ac- count necessarily any fixed charges that may have been incurred by your body to be paid for from such al,pro- priation, l do not believe the comp troller is obliged to refer this requisi- ton to the officers named in said vote for their written approval
 In response to the question con tained in the second vote would advise you, that if the appropria- ton to which the supplies arc charged are unexpended, taking into consideration as I have said before, all fixed charges already Incurred by your body as against such approprla- ton, the comptroller Is bound to pur-T chase necessary supplies ordered by your board. am of the opinion that the board of education has the right and the duty to determine the na- ture of the supplies necessary for its department, and that it Is the duty Of the comptroller to purchase such supplies after taking into eonsidera- ton the staSe of the appropriation and all fixed charges already in- cured against such appropriation by your body.
 Upon the facts as set forth in your third question. I am of the opinion that it is the duty of the comptroller to purchase these copies. taking into consideration of course all fixed charges. hereinbefore referred to.
 Answering your fourth question would state that if. as set forth in this question, there IS sufficient money unexpended in q particular appropriation to which he expense of the goods requlsitionad is to be charged. and also if there are no fixed charges already incurred by your board as against such appropriation sufficient to expend the balance of the appropriation, then I am of the l opinion that the mayor has not the | right to instruct the comptroller to | refuse to sign such a requisition.
 Your fifth question seems to me to l have been already covered by my re- plies to your previous questions. as set forth. If in assum- ing the facts as set forth in this question to be true that all fixed l charges as hereinbefore set forth | have been taken into c Insideration. | and there is then sufficient money | in the approproation to | which the goods ordered in the re- quisltion are to be charged. then | am of the opinion that the comptrol- Ter should honor such a requisition. |
 I certainly should feel that it was my duty to defer any definite reply to your last question until the facts I showing any arbitrary or Illegal ac- ton of the comptroller were duly