The Connecticut labor news., 1921-11-25
STATE CAN PAY
 FOR A SURVEY OF NEW HAVEN HARBOR
Attorney Generals Opinion Rouses Wrath of the Hartford
 Courant

the governor is advised that the state board of control is authorized to grant an appropriation to the New Haven liar bor Development Commission with which to carry on the work of the com mission At meeting of the board two weeks ago Frederick L. Ford of New Haven, chairman of the commission, asked the board for $l ,OOO.
 The legislative act establishing the commission did not provide tor an eppro- priation. Governor Lakes request for an opinion from the attorney-general was accompanied by an explanatory letter from Charles G. Bill, treasurer of the commission.
 No Legislative Grant.
 Mir. Healy's opinion says:-
 The law creating the commission made no provision for the payment ot any expenses connected with this work, and expressly provides that the mem bers of the commission shall serve with out compensation.
 The General Assembly of 1921, in appropriating money tor the running ex- penses of the state for the fiscal period ending June goth, 1923, made the two following appropriations, viz: Any pur- pose for which there Is existing law, and for which no appropriation IS made, $5O.OOO Special commission, $lOOOO.
 Acting under section % of the gen. eral statutes which provides. and no moneys appropriated for contingent, in- cidetal or miscellaneous purposes, shall be expended or paid for official or cler1- cal compensation, except by and with the written consent of the board of control, said board has exercised the authority conferred under this statute from the time 1t came into existence.
 The board of control, while part of the executive department of the govern ment has quasi-legislative powers to be exercised when the General Assembly is not in session. The General Assembly makes the appropriation, but leaves the appropriated to the official action of said board as evidenced by the written consent of all its members.
 Eliminate Burdens.
 Ut has never been the Public policy of this state to place on individuals who devote their time and ability in public service without compensation, the ad- ditional burden of assuming the expense of carrying out governmental functions.
 "The language of the statute IS per fectly clear, and leaves no doubt as to the authority conferred on the board of control to appropriate money out of these two appropriations for the expenses of these special commissions.
 Il therefore advise you that the Board of Control has the legal authority to appropriate money for such expenses of the New Haven Harbor Development Commission, as in the unanimous judg ment of said board are necessary to carry out the work of said commission"
 The opinion arouses the wrath of the Hartford Courant which is jealous of every aid given New Haven, and it expressed itself as follows:
 If Attorney-General Healy is cor rect in his opinion that the board of con- trol has power to pay the expenses of the New Haven Harbor Development Commission even after the General As sembly has refused to do so, the board of control has in effect become court of appeals with the right to reverse de- cisions of the Legislature.
 The attorney-general admits that the law creating the commission made no provision for the payment of any ex- penses connected with this work, but says that it has never been the public policy of this state to place on indivi- duals who devote their time and ability the additional burden of assuming the expense of carrying out governmental functions" He says that the board of control has the legal authority to take money for the commissions expenses from either of two items in the general budget one appropriation $50,000 for "any purpose for which there is exist ing law and for which no appropriation is made" and the other appropriation $10000 for Special commissions"
 There are only two conditions under which the board of control may make appropriations. The first Is when a specific appropriation made by the Gen. eral Assembly has been exhausted by expenditures authorized by existing law The second is when the General Assem- bly has provided that state funds may be spent for specific purposes under certain acts. Otherwise it would not be necessary to write into laws the pro- vision that the necessary expenses of cer- tain commissions will be allowed by the state.
 The harbor commission bill purposely does not mention the subject of expenses It was definitely understood by all con. Cerned when the bill was reported into the House that it was not to involve the state in any expense whatsoever The General Assembly did not adopt it unti Representative Durham of the appro prlatlonS committee had made that clear on the floor of the House during the economy wave in the last session. A bill on the subject that would have re- quired expenditures of state funds or the project was killed with dispatch That showed the intention of the Legis. lature.
 The Special commissions" item, iron which the attorney general says the ex- penSeS of the harbor commission may be drawn, was put into the budget tc cover authorized expenses of specia commissions, such as the necessary trav. cling expenses" of the commission or steam pollution.
 Sometimes the Legislature adopt. public acts authorizing the expendi ture of fixed sums for certain pur poses, but ncglects to set aside the necessary funds in the budget tc cover such expenditures For ex. ample, if the statutes were changed to increase the annual state allow ance to the State Police Association and the extlp money was not appro priated in the budget, the $5o,ooc fund 10 which the attorney genera refers could be drawn upon by the board of control But only wher there is existing law" authorizing such~ payments may money be taker from this fund, at least that is what the House was told before adoptine the budget bill. Inasmuch as tho 1, I