New Britain herald., 1928-08-10
Smith GETSLEGAL.
OPINION ON funds
Judge Glhney Quotes Statute
UNFOLDING Appropriations

/
World war memorial would be legal
is the opinion OF Judge B. f. Calf
ney, whose advice on the point was
requested by G. F. Smith of the
dedication committee. Judge Gait
nsy quotes two acts OF the state
legislature authorizing the erection
of memorials and says that tn.
erection OF memorial implies its
dedication. He commends Mr..
Smiths stand on the matter ana
critici1ss 'captious' citizens who
would raise objections to the ex-
pendituro Of city funds for such
purpose.
Judge Ganney's opinion i. a. fol-
lows:
August 9, 1875.
my Dear Mr.. Smith:
The General Assembly OF the
State of Connecticut at the January
session in 1919 enacted law.
Chapter 2ll of the Public Acts Of
| 1919. entitled An Act authorizing
Towns to make Appropriation Tor
Celebrations and Memorials in hon
Or OF Soldiers, Sailors and Marines
Section l is as follows:
ANY town, city OF borough may,
at any meeting warned and held for
such purpose. appropriate money
from the treasury thereof for pub
lie celebrations or memorials IN
honor Of soldiers. sailors and ma
rjnes who have been in the military
or naval service OF the United
States"
This law has never been re-
pealed.
The same General Assembly at
the same session about two weeks
subsequent enacted another law,
! Chapter .2s, entitled An Act su-
thorizing municipalities to make
Appropriations for soldiers Me-
MORALS" Section l is as follows;
| Any town, at town meeting
duly warned and held for such pur-
pose, and any city or borough by its
aldermen, common council or bur
gesses, may appropriate money for
the erection OF a suitable memorial
| structure in honor OF soldiers, sailors
| and marines who were residents OF
said municipality at the time OF
their enlistment or induction into
| the service Of the United States for
service In war: and may appoint
| proper committees to select and Sc
cure an appropriate site for such
memorial, to supervise and direct Its
design and construction, and expend
the money appropriated therefor.
provided no part OF such appropria-
ton shall be expended for the site
for such memorial and no appro-
priation for any memorial shall ex-
coed an amount equal to fifteen
cents on each One Hundred Dollars
Of the grand list of any town, city
or borough making an appropria-
ton for such purpose" This law
also is unrepeaied. These two pub
lie acts must be read together.
Chapter 2e2 has a limitation upon
the amount of the appropriation
and a direction that a proper COM
mittee should be appointed to pro-
sure site. design and construction
and to supervise the same and ex-
pend the money appropriated. All
the provisions of this act have been
pursued by the City OF New Britain
in the erection of the Soldiers Me
m orial.
1t would seem the height of alb
surdity to say that the City of New
Britain could not appropriate
reasonable sum for the dedication OF
the memorial. The selection Of
site. design and construction OF
monument and the Appropriation
and construction Of 4 monument i'm
plies = dedication.
1t is contemplated having a cele.
bration in conjunction with the
dedication OF the World War Me
mortal and it is clear under P. A
Gu. I'll that the City OF New Britain
can make an appropriation for this
celebration. No sensible person can
draw any other conclusion from the
statute.
For many years the law provided
that any town could erect a suitable
monument in memory OF the soldiers
and sailors OF the Civil war. This
law is now section ass OF the gen
eral statute. revision 1918.
Before 1900 the Town Of New
Britain took steps to erect a suitable
monument under this act, on the
green in front of the City hall. On
June 20. 1900 the people of the
town. at a town meeting duly called,
appropriated $1,000 to defray the
expenses incident to the dedication
of the monument which was appro.
priately celebrated on September
10, 1900.
No objection and no question was
ever raised regarding the validity Of
that appropriation. Yet the pro.
visions Of section 465 is silent so far
a. authorizing the appropriation OF
money for a dedication OF that
monument.
With this precedent In view It Is
difficult to see any logic or reason
IN saying that because Chapter 7.2
P. A. 1919 makes no mention OF au-
thority to appropriate money for a
celebration or dedication. that such
an appropriation would be ILLEGAL or
unauthorized.
Who can be so captious that
would raise an objection against an
appropriation for a celebration Of
the dedication OF the World War
Memorial
Your position on the matter of
the appropriation for the dedication
ana celebration of the World War
Memorial u sound and public sp:r-
tied in law ana fact.
Each citizen Of New Britain
should contribute a small sum to
help defray the costs and expenses
incident to the celebration and dedt.