The Bridgeport evening farmer., 1912-02-07
Pullman Gives Commissioners His Opinion On Their Rights To Supervise
 Expenditures
Right Of Petition Of Private Citizens Is Upheld Specific Ap pTOpridiOnS Must Not Be Diverted He Claims Pullman Ordered To Attend Meeting
 Tomorrow Night

Maintaining the right of the Board of Apportionment and Taxation to make appropriations for specific pur- poses, and declaring that money ap- propriated for a specific purpose can not legally be used for any other pur- pose, the opinion of City Attorney John s. Pullman. returned to the board last evening, supports the at- titude of the tax board of supervis- ing the work. Of all departments of the city through its handling of the city's finances.
 The opinion of the City Attorney came to be sought as a result of dis cusslon brought up at the last meet ing of the board. by Commissioner William T. Hincks. He said his per sonal view of the matter was that the tax board had come to assume the functions of the Common Council, in making appropriations for specific purposes But regardless of his per- sonal views, he said he believed the board should have counsel in the mat ter that it might proceed on legal lines.
 The report of the City Attorney in response to the several inquiries of the Board of Apportionment was re- ceived last evening as follows:
 Under date of Jan. 25, 1912, your clerk sent me the following resoIu- tions requesting my opinion thereon as city attorney:
 (a-) Resolved. that the city attor- ney be requested to render his opin- inr to this hoard as to the legal right of this board to receive petitions and commun1cations for public improve mentS.
 (b.) Resolved. that an opinion be requested from the city attorney de fining the power of this board to tions." as for example, by prescribing definitely that any part of the money appropriated by it shall be used for macadamizing ''A'' street and for no other purpose.
 Cc.) Also whether the right of said board to make such special appro- certain departm entS of the city gov ernment may request that such ap- be made special in the sense above mentioned.
 charter gives to any person the right to appear before your board, and re- quires that your board shall hear such person relative to any alteration in rates proposed by the City Auditor in his recomm endations. Since all per sons in the city have a right to ap-- pear and be heard orally it would seem clear that they have the right to petition in writing for a change, and that this would be the more or derly method of procedure, in order that when they did appear orally there would be a definite proposition before your board for its considera- ton. It is my opinion, therefore, that your first question should be answer ed in the affirmative.
 As to (b)- The sections of the charter prescribing your board pow CTS and duties speak in several places 1 1f Special appropriations An exa- nination of the municipal registers l for the fifteen or sixteen years that your board has been existent shows | hat in every year special appropria- | ions have been made by the Board | 1f Apportionment. It is my opinion | therefore both from the wording of | he charter itself and from the inter 1 oretat ton placed upon it immediately 1 after it's passage and ever since, that | 1riate money for certain special pur- | poses and that said money so appro- | 1riated must be used for the said | special purposes such as maca- | 1amizing "A" street, and for no other | purpose
 As to Cc.) In view of my opinion l hat your Honorable Board has the l power to make Special appropria- | ions'' the discussion of your third in | luiry bee om es academic, as I am con- 'inced that your board has the right | II the absence of a request from any l ,f the departments.
 Respectful V submitted,
 JOHN $. PULLMAN,
 City Attorney.
 During the hearing of the various ,ity departments last evening. the at itIIds of the tax board and that of he city departments was shown to be liscordant.
 George NJ Flames, representing the Park Board, said he didn't believe the Board of Apportionment once it had a lump sum for special ap- enumerated by the peti- toner, could hold the Park Board to he expenditure of its special appro- ation for the individual items.
 ''Then why ask for these items as special appropriations?" asked Com missioner HinCks.
 And Judge A B. Beers, represent ng the Library Board, said the board fered the tax board its schedule oe expenditures but did not pledge itself o adhere strictly to the expenditure