Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-12-26
RADLEY IS AGAINST
" DEBT LIMIT RULE
Controller Will Propose That
Council Ignore Opinion by
City Solicitor smyth
ur URGES INDEPENDENCE

r;,v solicitor Smyth's ornion that tn"
.n,ire future cost of the Delaware River
,.;d,s of the sewage disposal system
.,1 If other such projects should he
,horued against the city's borrowing
capacity,
,eoching in the history OF municipal
snancc, cut down with one sIhsh. as IL
more the city's borrowing capacity
s, w. annroyimntcly S53 900 900 to
sIi OOO. 600 Such n reduction neres-
.oriy restricts permanent public i'm
rroycmrnts which may be provided for
ant of loan funds.
When the Smyth opinion reached the
r,tv Controller it was proposed in
Connci that there was nothing to do
Mr. to accept the opinion and be guided
accordingly. The only counter idea
wos that n taxpayers suit might be
s,ortcd TO determine whether the City
Solicitor's opinion was definitely bind
| ino and conclusive. Now. however,
acting under private legal advice. the
City Controller plans to send COM
mlncation to City Council next Thurs
doy setting forth that neither the Con-
trollcr's office nor Council is bound to
sbidc by the Smyti opinion.
In their study of the legal and tech
nical questions involved, advisers Of
Mr. Had!cy have about reached the
conclusion that the Controller and City
Council can safely ignore Mr.. Smyth s
opinion and go ahead as if no such
opinion had been handed down by the
citys law officer.
In brief, therefore. Council and the
Controller may add another chapter
To the present series Of sensational
financial developments by asserting
complete Independence of he City So.
licitor's views. 1t IL further asserted
+ that such action on the part Of Council
mir the validity Of any loans which
NAV be authorized under the disputed
limit Of SJ3 900. 900. It is further in
sisted that instead Of n taxpayers suit
being instituted by friends of the ma
iority in Council or Of the Controller.
to determine the legality of the Smyth
opinion. it would be up to Mr.. Smyth
and the Mayor to take legal action il
they insist that Council and the Con-
trollcr should be- bound by the Smyth
opinon. In other words. the Con =
trol!cr. in his statement to Council
will try to turn the legal tables on the
City Solicitor.
See Political Import
Some of tho majority members OF
Council appear to feel that the Smvti
opinion has Il political import in that
It is an alleged effort to hamStrng the
next city administration which the
control. That view ovcrlnokS. uf
course. the fact that the Smyth opinion
really hamstringS the present Admins
tmion. ns. for instance. in its applica =
ti"n to the Mayors plan "f widening
streets in connection with the mp
pronrh system to the Delaware River
Bridge.
That plan. recently submitted ia
Council by the Mayor. would cost at
least $40 900. 900. whereas the Smyti,
opinion limits the city's borrowing
capacity to only 1000 900. Inde-
pendent Of these rival views it was
urged in other quarters thar the nc.
rrlhanr" Of tn" Smyth opinion nigh,
interfere with any plans by the munici .
lMliy TO Civ, substantial financial
assistance t" the SrsQu- Crntcnnial.
The up,hot of the present entanglc.
mcht. il Is felt. may be that the move
mcnt to center control of all city and
N'HH'N WI" anu
In City Council. as the tax -lcvying and
spending body. may attain increased
Importance. The assertion of indie
pendcncr of the city Solicitor by tn,
City Controller ard City Council may
strengthen Councilman Dcvrlin'S posi-
tIon that the municipal legislature
after all. has sufficient power right now
to keep tight grip on the expenditure,
for such pro jCctS rs the Art Museum
th" Victory convention Hail and tho
ralac" If Justice for the Muncipn
Court.
Says Council Is Free igcmt
All along Councilman Dcvclin. tn,
independent leader in Council. has in,
sisted that City Council did not nee,
tny additional legislation from Harris
burg in order to have absolute and in,
tlmat" control over the building project
0l III" Park Commission. the Count
commissioners or the Muncipal Court
tie says all that is required is thn
Council appropriate funds for the rur,
pose and have these funds spent an,
administered under the control Of th,
City Architect and the city Dcpartmcn
"t Public Works. AS it is now. Co,nci
supplies tn" money. but It Is spent b,
n"dl"S acting under Il separate and in
dependent county power. such rs is th
case with respect to the Park Commits
sion and the County Commissioner
who hire their own architects and yrn,
orally proceed indrpcn,lcrtly. onrr thn,
get start from Council WV
Similarly i, is urnl,,srl ,h.ro i. =,
need for waiting five yc,r. f,r -, -,
amendment to the Cnus,irmti, ''' r.,,'', a.,
would clcnr nm rho m,cs,ion, ,,i.oI mn'i' -
nII tl,,t ~ 81.
Cnu,rnIior -" @ "l'"."n; "''! 'h"' the 'hi
III" ,;,,, '"h ''r.l'S ms own ana mo-
s%,on, WV ., Tue '"E solicitor as to til,
>n' 'rh VI tue ri'E borrowing capacity
don, ~" Nv" ny 'har''r apparently