Year: 1874

THE COMMISSIONERS DECLARED TO HAVE NO RIGHT


TO INCUR ANY EXPENSE


In an opinion given to the new Courthouse
Comris ssioners Monday last L. Delaheld Smith, the
Corporation Counsel advised them, that having upon
inquiry found that there was an unexpended aproprla'
tOn the completion OF the Courthouse, 1t was their
duty to proceed with completion. In answer TO this
s. b. ii. Vance, President OF the Board OF Aldermen,
and John Wheeler, President of the Department Of
Taxes and Assessments both members of the Board OF
Estimate aud ApportiOnment have addressed commu-
ncaton TO the Commissioners, prohibiting them from
iueurrng expenses for this purpose In this COM


unicatiOn the question is raised: Have the Commits
sioners any right obligations In the name
behalf OF the city on account OF the Courthouse
builiingl By the law OF ISL an appropriation OF
s751OOO was authorized, and the Controller directed
on obtaining the required authority to raise
that amount The statute did not make
the appropriation, but merely authorized 1t
The authority 10 make the appropriation was judi
cally determined. 1t first vested In the Board Of
Apportonuent and transferred by the charter OF
1s-s 10 the Board OF Estimate and Apporonment. In
June 1871 the Board Of Apportonment authorized the
Controller TO issue stock of the county to the amount OF
s5OOO part OF the s7500O0 authorized by the statute
and this s5OOl has been expended by the Controller
No portion Of the balance OF tho $4,000 authorized to
be Issued been appropriated and no portion OF this
can be 10y the Controller without the authority OF
the Board of Apportionment. By decisions OF the Su
preme Court, Special and General Terms, IL was ad-
Judged that moneys raised under the provisions OF this
statute could be lawfully applied, not only TO the com
pleton OF the building, but also TO the payment Of
claims incurred previously in the matter Further, by
the statutes Of 1874 the Controller directed to repay
out OF the moneys raised such amounts had been ad
yanced by auy bank, trust insurance company, and
upon this authority claim has been made by the Tenth
National for upward of $4,000. principal land
Interest alleged to have been advanced to the Commis
sioners now superceded This claim had heen sustained
Inv Justice DOnOhue Of the supreme COurt, ana per-
emptory mandamus directed to the Board OF Estimate
and App0rtiOument 10 take such action as shall en-
mower the Controller to meet the claim.


The letter states that another section OF the Charter
expressly provides that shall be incurred in
any OF the departments, unless an appropriation has


must thus that there is now no appropriation at
their disposal aud they prohibited from mourning
any expense The claim Of the Tenth National Bank
was paid out OF the balance authorized to be raised
unless Judge DOnohue's order should be reversed and
euffcient would then be left TO complete the
building and these circumstances, In their judg
ment would not be proper to apply any OF it ~ this
purpose. -, -. 49, -
has been so much msmanagement in reference 10 the
completion OF this building that have resolved that
expense the purpose until submitted to
an estimate showing the expenses In detail which Will
be necessary complete the building, aud II the
which the Board OF Estimate and AppOrtioDment are
authorized 10 appropriate for this purpose insult
fcient meet the expenses specified then the building
must remain as s until further authority Is conferred
on the Board provide therefor is most deeply TO
be regretted that In this, as In many other matters IN
connection with the government OF this city, there
should such confusion and contradiction, and that
those whose duty IL is TO prevent possible, such un
seemy displays In the government should De ready 10
aid in calculated to increase the dscord which
exists"