Norwich bulletin., 1915-07-27

Judge Gardiner Greene Of the SUI
perfor court handed down Decisions
on Monday sustaining the in5upctions
secured against the fire COMMITTEES
and the city OF New London which
were secured by Alderman Thomas
GFa@an to prevent the purchase pf
the American LaFrauce motor-driven
council voted for. In the two cases
involving this matter, which are en-
titled Thomas GFagan We Richard w.
Brockett and others and Thomas
Gragan VS. City OF New London and
others. Judge Greene denied the mo-
ton to dissolve the Injunction In both
cases. .ssTssi
In his memorandum of decision
Judge Greene says:
In esck OF these cases a Temporary
Injunction was granted to restrain the
city Of New London and its officials
from The purchase OF motor driven
fire apparatus, and the parties to both
actions, on May s, 1915, stipulated in
writing. as on file appears, that the
evidence already heard in chambers
by Judge Greene, on a motion to dis
solve in one case, should be epnSid-
cred as heard by the superior court,
then being held In New London county
by Judge Greene, on motions to dis
solve IN both cases and by consent of
all parties the motions to dissolve In
bot hcases are now determined by the
said superior court
The plaintiff waived his claim that
Bryan F. Mahan had no right, as
mayor OF New London, when the court
Of common council was equally divided
upon a vote, to vote and dissolve the
tie.
The plaintiff insists on his claim
that the court OF common council had
no right to expend money for the fire
engine because there had been no spe-
ciai appropriation therefor by the an
nual city meeting.
Section Of the New London char
ter provides for an annual meeting
OF the electors of the city and that
notice thereof and of the appropria-
lions recommended to it by the court
Of common council shall be published
a week before the meeting, by adver-
tisement and otherwise. Section 20
provides that no appropriation OF
money shall be made at the annual
city meeting unless it has been ap-
proved by the court Of common coun-
Gil: that no money shall be expended
by the court of common council unless
1t has been appropriated by the an
Rual city meeting, or has been first
approved by a two-thirdS vote OF the
court of common council and also by
a city meeting; and that no money ap-
propriated by the city shall be ex-
pended for any other purchase than
that for which it was specifically ap-
propriated.
The provision for preliminary ap-
provaI by a two-thirds vote OF the
common council and subsequent APP
prevail by city meeting other than
the annual one Is irrelevant to this
case.
To make the proposed expenditure
for the motor driven fire apparatus
legal it must have beer recommended
by the court OF commos council, spe-
cially appropriated by the annual city
meeting and expended for the purpose
for which it was specially appropri-
ated
ITO appropriate is defined, with the
approval of the supreme court, as ITO
set apart a sum Of monew for a par
ticular object" or, ito a1lot. assign,
set apart or apply anything for par
ticular purpose
400.
Special narrows and confines the
meaning Of appropriate" 1t means
particular, peculiar. different from
others; designed for a particular pur-
pose; limited in range; confined to q
definite field Of action"