The Bridgeport times and evening farmer., 1922-05-09
City Council Turns Down Bond Issue To
 Board Of Education
Against Purchase of Star Shirt Factory Cornell Points Out That Council Has No Power to Designate Locations Finance Com mittee to Frame New Ordinance for Bond Issue.

Bonds for s33O,0OO issued at the meeting of the Common Council sued by the unanimous vote of the Board of Aldermen at the special meeting of their body last night. The bonds were previously issued when two reports were submitted by the Finance committee for adoption by the Common Council
 Both bond issues presented were for the Board of Education; the one sub mftted by the majority of the Finance committee for S350,000 and com Shirt factory for an emergency High school; the other. the one adopted. submitted by the minority of the Finance committee for $330,00O op- factory and specifically stating what the Board of Education should do with the money.
 Placing restrictions upon or spe- issued were to be used, such the placing of 8 rooms as an addition to the present High school, using $5O.0OO for the purchase of a site in East and an opinion as to the legality was asked of City Attorney John A. Cor nell, Jr.
 The opinion of the City Attorney as submitted to the board is as follows:
 ''I am informed that you desire the opinion of this office as to whether the bonds authorized by the adoption of the minority report of the Finance committee by the Common Council at its meeting of April IT, 1922, may be legally issued and sold. Relative thereto, I would advise you as fol- lows:
 '"The report in question authorizes the issuance of municipal bonds of the City of Bridgeport in the sum of S330, ,000 under the authority of a special act of the legislature approved April 13. 1921, known as School Bonds Series D.
 'In addition to doing this it speci- hes that the proceeds derived from the sale of such bonds shall be de- voted to causing additions to be made to two schools, for the purpose of port and for the requirement of site for and the erection of a four room grade school in the Sylvan ave- nue section. so-called. in North Bridgeport, and that:
 Board To Spend Money.
 The moneys obtained from the sale of said Shool bonds be made available strictly for these purposes and for no other purposes to the sum be expended by the Board of Ed ucation for those aforesaid purposes and those aforesaid purposes only
 The Resignation of the specific purposes to which the proceeds of the sale of said bonds shall be applied, presents two questions: First, as to whether it Is within the province of the Common Council to determine the application of such moneys, and sec ond, whether the attempt of the Common Council so to do 'Gf 1t has not that power) invalidatess the pro- cedure authorizing the issuance of said bonds.
 "As to. the first of these question attention is called to the fact that the speesl act under which the Com said bonds states that the avails thereof, when sold. shall be applied In the manner provided by the char ter of the. city of Bridgeport
 A special tax approved May 25, 1921. bestows on the Board of Ed ucation (restating a provision that already existed), the power of fixing or changing the sites of schoolh ouses' and the Superintendence, manage ment and control of afl matters con- cerninS education, schools or school properties
 Cannot Direct Expenditure.
 insofar, therefore, as the action Of the Common Council in the adoption of said minority report of the Finance committee attempts to direct the ex- penditure of the proceeds Of the sale of said bonds, in specifying the sites and schools to which the same are to be applied. it is in conflict with the special act referred to, which reposes that right in the Board of Education The expenditure of said monies in the manner prescribed. besides would not be in the manner provided by the charter and consequently to that ef- feet, not in accord wi-hN the intention of the special act approved May 25, 1921.
 ''As to the second question, in my Judgment, the effort of the Common Council to control the avaiIs of the bond issue, does not invalidate it's action in authorozing said bonds. The provisions of said minority report in point NAre directed at the disposition of the Monies to arise from the sale of the bonds and are designed to be effective only after the same have been marketed In authorizing bonds for the purchase of school sites and the construction of school ho.-ses. fine Commc- Council was we'll within it's rights n enedavoring to control the selection of sites and designate the school houses to be erected of inn proved through the application of said monies. it passed beyond it's power. The first is a legal act: the second. a nullity. do not believe the invalidity of the latter affects the validity of the former.
 Tt Is my opinion, therefore that the adoption Of the minority report