New-York tribune., 1922-01-18
Estimate Board Must Honor
Commission acquisitions


70 consideration Of the validity Of
re orders appealed from. II such
Valldlty alone be considered, then the
question presented is q very narrow
ore, viz, Was II the duty of the Board
CT Estimate and Apport!onment upon
rece wing the acquisitions from the
transit Commission to make the ap-
rropriatiors requested9 To this oues-
flon there can as 1t seems to be. be but
ene answer. II was its duty to do so.
/ he act so declares. In making the an
preparations the board acts ministeri-
ally Il has no secretion IS to the
mount to be appropriated. The pur-
pose OF this provision in the act is OBJ
tlous. 1t IS to prevent the Board of
Estimate and Apportionment from de-
eating the purposes of the act by
VIII holding appropriations The board
nav ng neglected or refused to make
me appropriations called for the COM
mission was authorized TO apply to the
court for what, in effect, was peremp-
lory manoamus to compel it to do so
1t Is suggested that this provision
Of the act which permits the commits
sion 10 apply to the Appellate d vision.
~here the board neglects and refuses
% make appropriations for an order
compelling it u do 50 makes the act
4accD cDstitutional, in that it deprives the
eoutt o. discretion, that i, must grant
re o'cer iii any event. But tais not
Q. J. ma grant or reuse the order in
{ proper exercise of its discretion
here public Officer or board is
'nder legal obligation 10 do some.
ming and refuses 10 act, then il be-
eolne~ tho duty Of the court. on a
rEcper appilcation, the exercise OF
is discretion TO compel action. The
purpose OF the commission in asking
or ihc appropriation or to what use
tne .acneY appropriated is to be nut
Loss not concern the board As we'll
might reg ste. Of deeds Of convey
nee refuse to record d deed until tie
purpose q tfc one seeking to have it
recorded / as been disclosed as for the
aoard 0i Estimate and Appoltionment.
@Nder ms act to refuse TO make the
appropriation until the purpose Of the
'emm sslou be disclosed.
III must be borne in mind in this
'0nnection that the Legislature has
comps ete control over the finances OF
~ city 1t may specify the amount
md perpose for which the city's funds
re to be used. it can make up the
entire city budget for itself, as it did
before re Board of Estimate and Ap-
poftlonmcnt was created The board.
as an agent Of the state, vas estab-
lshed as & convenient body To estimat te
he amounts which might be REQUIRED
rom year to Year 70 pay the citys ex-
nenses. But the Legislature did not,
y the creation of snch board. surren-
Ter any Of the power which it had as
o the control or use Of the money to
DC raised Indeed, there never has been
time when the dete rmination of what
1cse expenses should be has been
# wholly to the board on the con
rary, an Investigation will disclose
that the Legislature has always re-
served and t. eely exercised the power
% determine for itself, or by delega-
ION to some other body. what amount
should be raised and applied to partic-
liar purposes. A large proportion OF
the city's budget has been and now is
composed Of what are known as manda-
tory appropriations, and as TO the
Hifolnt cf which the Board of Estimate
and Apportionment has no discretion.
he act under consideration simply
dds one more mandatory appropria-
.on 10 the list. All the act does in
| nls respect is to transfer from one
poald of legislative creation to another
board Of like creation the power to de
'ermine how much money shall be ap-
propriated for the purposes specified
n The act. This the Legislature could
constltEtioG4liV do