The Bridgeport evening farmer., 1912-03-19
Cu||inan'S View
 Of Land Purchase 1 SWays Aldermen
Common Council To Exercise Prerogative Of Buying
 High School Site

High School Site
 To Act in Concurrence With
 Board of Education in Lyon
 Terrace Deal-Pullman Points Out That Such Action Will
 Avoid Technical Obstruction
 to Condemnation Proceedings
 In concurrence with the suggestion of Commissioner John J. Cullinan of the Board of Education, City Attor- ney John S. Pullman has enlisted the Common Council with the Board of Education in its plans to acquire by condemnation proceedings the Lyon Terrace site for the new high school. : At the last meeting of the Board of Education Commissioner Cullinan ex- pressed doubt as to the powers of the Board of Education to buy land for school purposes. While it has been the custom for the board to do so for many years, he said he feared now that the board faced litigation in con- nection with acquiring portion of the Lyon Terrace site, he wanted the board to act strictly within it's rights.
 City Attorney Pullman had sane the board to proceed with condemna- tion proceedings in securing the one part of the proposed site they had been unable to buy at a price agree able to the board. This is the rear of the Frank w. Hurd property, Iii of the residence in Golden Hill street, to Congress street.
 But the doubt raised by Commis- siOner Culljnan was municated by the boards special committee, Com missioners Ravens and Murphy, and they in turn took the matter up with City Attorney Pullman.
 The communication of the latter to the Common Council last evening re- suited in the Councils taking steps along the same lines as those adopted by the Board of Education that there may be no technical Instructions placed in the way of the condemna- ion hearing. .~j Following is the communication of the City Attorney:
 To the Honorable Common Council of
 the City of Bridgeport.
 When the city and town govern ments of Bridgeport consolidated the city assumed all the burdens and was invested with all the powers and rights and property of the town relA- tive to education and school matters The power of taxing for the support of schools was given to the board of apportionment.
 All the other powers, duties, obli- gattons and rights were invested in the board of education who had the "superintendence, manageme and nf al o1- ucation, schools and school property and the power of fixing and changing the sites of schoolhouses in said city," The power of condemnation thereto fore existing in the town was thus given to the board of education and it has continued so down to the pres ent date.
 Amendment Did Not Repeal.
 In the revision of the charter of 1907, provision was made that the city might acquire land through the common council for certain purposes and especially related to the taking of land along the water front for public wharves and docks. This amendment was actuated by questions then eX- iSting between the railroad and the city. In the amendment, however, it was provided that land within the city might be taken by the common council, among other things flor the purpose of public schools" The amendment, however, did not repeal the provisions that heretofore existing relative to the board of education s powers in school matters, so 'that the revision of 1907 contains exactly the same provisions as the consolidation act of 1889 and all amendments of tte charter between those dates, plus the power of condemnation in the com mon council.
 The sole power of fixing or chang ing school site still is vested in the board of education, and it is my opinion that the common council has no authority relative to the location of school sites, and it is their duty to tion as it may be necessary to secure such sites for schools as the board of education may have determined upon.
 I believe the power to condemn for school purposes still resides in the board of education and that the pow CT given in the revision of 1907 to the common council with reference to the condemnation for school purposes, is at most merely a concurrent power. To save expense to the city and avoid delays and appeals due to tecnical ob- jections, I think it advisable, how- ever, for the common council to CO., operate with the board of education by passing the resolutions herewith submitted.
 The board of education, having the sole right to fix the sites for the new high school, has decided to take csr- tain property on Lyon terrace belong ing to Mrs. Alice Watson, certain oth- CT property on Golden Hill street be- longing to Mrs. Margaret R. Kelly and certain property of Frank w. Hurd on Congress street.
 The land of Frank w. Hurd so in- cluded in said high school site is bounded and described as follows: North on Congress street 74.SO feet; son 30S feet; south on land of Frank w. Hurd 68.66 feet; west on land of A. C.. and w. B. Wheeler.
 The board of education has secured options for which it has paid val uable consideration, from Mrs. Wat son and Mrs. Kelly which expire August 18th. 1912.
 The board, however, has been un- able to agree with MT. Hurd as to the value of his land so to be taken.
 In fact, he has refused to set any price upon it and it is, therefore necessary for condemnation proceed ings be started. The board of ed ucation has requested me as city at torney to forthwith institute condem- nation proceedings to secure said above described land of MT. Hurd The board of education advises me that it is of extreme importance that these condemnation proceedings be finished before the end of the presen, court year in June; otherwise the completion of the high school will probably be delayed a whole school year.
 Therefore. in the interest of saving expense to the city, doing away with delay in the building of the high cOh o1,rvia hl