The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-03-02
CITY CANNOT PAY
. FOR PARK MUSIC
City Attorney Pollard Thinks
There S No Warrant for
Appropriation.
LIKELY TO PASS ALDERMEN
Budget Will Probably Go
Through Entire at To-Night's
Meeting.

Although twice on record as opposing
an appropriation for music in the
parks there seems every proba bility
that the Board OF Aldermen will con.
cur in the annual budget tonight as
IT comes from the Council, despite an
opinion from the City Attorney that
the item is illegal. It may be vetoed
by Mayor Richardson. who under the
charter may veto any single Item or
an appropriation ordinance without
affecting the remainder
Last month the Board Of Aldermen
refused to concur In a resolution in
structing the Committee on Finance
to provide for music in the parks. ana
to make assurance doubly sure, refused
TO reconsider that vote. The argu-
ments were that there was no general
| demand for music, and that the gath
ering of large crowds of sometimes
! disorderly people was not desirable
In response to this action, tile Commit
tee on Finance made no provision in
the budget for music
Council Puts item In.
The Common Council over the pro-
test of the Committee on Finance
amended the budget by taking S3,925
from the account of grading and paw
Ing of allays, for which $4,000 had
been provided, and giving it for music
Members of the Street Committee ana
of the Board OF Health say that the
work OF alley paving can i'll afford to
be cut In half. Nevertheless, it had
been pretty we'll agreed yesterday that
the Board would adopt the budget as
q whole.
One member said that he considered
the music item Ill advised. but that
In view OF the enormous improvements
which should be under way in the
early spring months, me believed 1t
would cost the city more to ne up the
appropriation ordinance between the
| two branches and so delay the call for
bids on important work. Rather tnan
FISK the delay of amendments and the
consequent bandying backward and
forward between the two branches
several members have agreed to vote
for the paper as whole, experience
| in the past having shown that once
the budget is broken. every member
tries to get in his favorite approprla-
ton, and the carefully balanced ordi-
nance, the work of months In the
Finance Committee, is left a wreck.
Says Item Is Illegal.
Even were the Board to concur in
the ordinance, it seems doubtful
wcther the Auditor would pay the
dercd by City Attorney Pollard to the
Committee on Finance in response to
a request for a decision on tile subject
of music in the parks. After reviewing
many decisions, Mr. Pollard says:
after a careful consideration of the
provisions of the charter. cannot say
that the power to make the approprin-
ton referred to can be fairly implied
in, or incident to, any one of the pow
|
fore, constrained to hold that the APP
preparation proposed to be made for
music in the parks during the summer
cannot be legally made under the char
ter of the city of Richmond, nor UNI
der any general law in force applying
| to the cities and towns of the Com
monwealth."
lard calls attention TO a decision BIZ
the Supreme Court OF Massac husetts
that there are many things in the
n mana cement :, Of town or city AFFAIRS
pass by general consent. which cannot.
! when objection IS made. and they are
| brought To the test Of judicial investi-
| cation. be supported as strictly legal
The opinion goes on to say:
| Not for ''Gcneral Welfare."
| IT Is we'll settled in Virginia that
| the so-calIcd general welfare clause of
municipal charters is to be confined TO
| the ordinary objects and purposes OF
municipal corporations. 1t is also set
! tied law in this State chat a municipal
| corpora ton possesses and can exercise
| the following powers and none others:
| t) Those granted in express words:
~ those necessarily. or fairly i'm
piled In or incident to the powers en-
pressly granted. and (3) those essen
| tai to the. declared objects and pur-
poses Of the corporation, not simply
| convenient but Indispensable
In Virginia charters are to be
strictly construed, and whore a doubt
EXISTS as TO particular power. that
! uonbt Is TO be solved against the ey-
| istence Of the power Applying these
/ principles to the present charter OF the
city IN orderto solve the question pro-
/ pounded, 1t becomes at once apparent
granted
Many Supreme Court decisions in
/ virginia and elsewhere are cited In
SSuipport OF the position taken by the
|