The Bridgeport evening farmer., 1912-03-16
Cu|linan Contends Common Council
 Should Buy Site
School Commissioner Questions Right of Board of Educa-
 ton to Condemn Land Brand New Phase Introduced Into Problem of Lyon Ter
 race Property For New
 High School

Has the board of education the right to buy property for school pur- poses, or is this right vested in the Common Council
 This brand new phase of the high school site discussion was unfolded by Commissioner John J. Cullinan, at a special meeting of the board of edu- cation late yesterday. MT. Cullinan questions the right of the board to go ahead with condemnation proceedings against the property of Frank w. Hurd, which is included in the pro- posed Lyon Terrace site.
 As a result of the discussion of this question, City Attorney Pullman will be asked, by the committee handling the matter, toe consider the advisa- bility of asking the Common Council to act upon the proposition. For many years the board has been buys ing property for schools.
 Attorney Cullinan argues that Bridgeport's school system is con- ducted under consolidated district, and the district is the entire city.
 Under the law, the school districts have the right to buy property. This does not mean he continues that the school committee can buy property until the district as a whole has acted upon the proposition.
 The Board of Education for the city of Bridgeport corresponds to the school committee for district. He argues that the district of Bridgeport the city-is empowered to buy land for school purposes under the law, but that the proper agent to do the buying is the Common Council, not the Board of Education, for the Com on Council stands in relation to the Board of Education like the district to its committee.
 Eight members attended the meet ing yesterday afternoon. The meet ing was called to pass upon the be- ginning of condemnation proceedings against the Hurd property. Secretary Ravens, who with Commissioner Mur- phy was instructed to act for the board in negotiating for the property, in writing the offer of $7,S75 for the Congress street end of his property. This piece is about 75 feet wide, and runs back about 300 feet from Con- gress street. It is needed to give room for the rear of the proposed High school.
 He read the correspondence be- tween the committee and MT. Hurd showing that the latter has refused to consider their offer.
 At the suggestion of Commissioner Boardman the letters were not writ
 ten into the minutes of the meeting It was deemed advisable that the
 price the committee had tendere6 should not appear on the records oi the board when the matter is brought into court.
 MT. Ravens then presented a reso, lution which he said had the sanc- tion of the city attorney, by which 1 the board ordered the City Attorney to prefer the proper petition to the "a III property under condemnation pro. ceedings.
 It was at this point that Attorney Cullinan raised the question of the legality of the proceedings. He op. posed going ahead with the resolution further consulted, and called for 8 yea and nay vote when it became ap, parent that the other members were anxious to adopt the resolution. His was the only dissenting vote He explained that he did not wish to be considered an obstructionist and that his only interest was tc have the board act within it's rights The other members who voted for the proposition were President Lieberum Commissioners Boardman, Brady, Mon- ahan, Murphy, Osborne and Ravens Attorney Cullinan asked the com mittee to call the attention of the Clty Attorney to the question tnat
 had been raised, and this the com
 mittee readily agreed to do. Commissioner Ravens then read an
 agreement with Col. T. L. Watson and
 Alice c. l.. Watson for the sale o1
 Lyon Terrace. The payment of $500
 was authorized. this to apply on the
 purchase price of s32,0OO, and if the
 sale is not carried through before
 Aug. 15 the city is to forfeit the
 $500. The committee was authorized
 also, to pay $500 to Mrs. Margaret
 Kelly, this to apply on the s19.50(
 purchase price for her property under the same conditions.
 Discussing the legality of the pur- chase of property by the board, Com
 missioner Cullinan said that two years
 ago he had taken up the question with
 Postmaster Marigold, then the presi-
 dent of the board. Mir Marigold had
 planned to advocate charter amend
 ments to cover the ground, but later told Commissioner Cullinan that he
 had been convinced that the board
 had the authority.
 MOTHER OF 10 DIVORCED.