The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-12

ton and must be unhealthy. suggest for your conside
ration neither you have not the power to pass ord
nance by which summary means may be legally apple
prevent this violation of law and injurious effect to the
health OF citizens. .
Your attention is called to practice that prevails among
steamboat and other companies and engaged
passengers from city, OF employing run
ners agents The effect OF such practice is to annoy
and insult passengers to nure their baggage and caus
confusion and turmoil around our Mharves, ant
frequently leads to breaches OF the peace This practice
is contrary to the city ordinances which impose
fine upon persons conyc ted OF the conduct wouidsu
ges however, more ehectual means OF preventing
such conduct that condition OF permitting boats to
occupy particular berhs should be- hat they shall not
employ such agents and also as in the case OF the viola
ton OF the market laws you should authorize some mode
OF summary proceeding.
call attention to the 2st section OF the amended
charter of the city, which is as follows:
The executive business OF the corporation OF New
York, shall hereafter be performed by distinct depart
nents which it shall be the duty ofhe Common Council
to organise and appoint for that purpose
This section appears 10 be imperative. II is the duty oil
the Common Council to organize the different departments
their business and it would also appear that
the executive business OF the corporation must be
Quoted by departments and not by committees Of your
honorable bodies solicit your serious consideration Of
this subject owing your many arduous du
ties Legislators and magistrates of your respective
wards is impossible that you give that attention
the various executive duties that the interest Of the city
requires and which distinct departments would be enabled
to perform.
During the period that the Common Council such
situation that money could be drawn from ho public
Treasury for purpose the streets of the city, from the
usual May moving and the almost constant fall of rain
were becoming so extremely filthy not only greatly to
annoy fellow citizens, and to great and just
complaint but also threaten seriously the health OF the
city In this emergency, with view to the protection OF
fellow citizens, with the advice and OF
many of the members Of the Common Council requested
Mr. Ward the First Marshal to pay the cham
berain the money he daily receiving here it would
under the then existing circumstances become useless
the city, but to keep deposited in his own name to the
end that if absolute necessity should require, il might be
used ward of the approach Of disease and guard the
public health. That officer with patriotic regard for
the public interest which all must approve. willingly in
Cured the risk of personal Tor the public benefit
and complied with my request. The streets became
badly situated that deemed my self called upon
vice and concurrence of the gentlemen of the CON-
Council, directed the Superintendent of streets
the streets to be cleaned and lime be scattered in
the cutters and promised that means should be furnished
from the funds retained by the First Marshal to deray
the expense Of this operation vitality necessary the
public safety. The streets under these directions were
cleaned and instead of the sickness threatened
am happy TO inform you that in the providence Of Him
by whom we are SO constantly and sgnay best the city
has at the season of the been heal
thy, death less frequent.
With the advice of the gentlemen of the Common
Council drew upon the funds in the hands of Mr. Ward
for Five Thousand Dollars and paid to the superinend
ant OF streets by whom twas expended for cleaning the
streets as have stated
After the organization of the Common Council and TO
enable Mr. Ward to make return in relation to the
MES collected for the Common Council furnished him
with my affidavit giving an account of the expenditure
of this sum of five thousand dollars
The precise regularity of this method of dbursng the
public monies not be discussed When the enemy
the gates the Commonwealth be protected by all
means not inconsistent with good morals and common
honesty Neither policy nor justice require that
rules Of practice should be strictly and rgdly
ted to visit with unmerted injury public officer who
at moment of great emergency when the dearest inter
teres OF the people in peril and other remedy
be had adopts for their presery ation method strictly
regular, yet substantially right
OF ve thousand dollars has not passed through
all the channels by which the city revenue in its usual
and ordinary administration journeys to its final dispo
'ion but nevertheless for purposes the most unexcep
tionable to accomplish object the most important o;
any committed to charge, has been faithfully and
honestly applied submit with great confidence in the
of the advice, that any sanction which, &C
cordng to the strict forms OF law may be required pro-
Mr. Ward in relation to the apple alton of the above
mentioned of five thousand dollars ought to be at
once afforded him by the appropriate action OF the Com
mon Council.
deem my duty for purposes altogether distinct from
the matter last mentioned, to call attention
cent in order prevent far practicable
Tor the future course calculated in my Judgment TO dis
,urh the harmonious action the several
city government
have received from David Graham, junior ESQ., Coun-
sci to the Corporation, communication ofwhch copy
IS hereunto annexed, marked A. and there has also
been handed to by Mr. Ward, First Marshal, two
papers, of which duplicate of schedule B. and OF
the other copy is hercunto annexed marked c..
do not notice these communications because of the
subject matter Of their contents but because hey appear
have been written with impression on the mind o.
the writer and which may extend further, that they had
The sanction of branch Of your honorable body, tn,
Board of Assistants. notice them because not merely
under existing circumstances but all times is
sary that each branch of city government should a
preciate and maintain its distinct and independent position
lent, entirely perform its own legitimate duties and
also notice them to solicit your part and you
mine that personal feeling shall interfere with the
performance of those duties which the law and high
of obligation to constituents for the honor they
have conferred upon and the confidence they have
posed in each of us individually, demands
The corporation of the city OF New York consists OF
The Mayor, Aldermen and Commonalty," and only
act by ordinance joint resolution Ordinances and
solutions only be passed by both boards acting sepa
rae and by the Mayor be approved by the
expiration of ten DAYS after il is sent to him. or be passed
by n of The mon ell ct IN boa hon
has been returned with the objections of the Mayor thu
board in which il originated.
Neither Board Of the Common Council can GO any
separate act which has efficiency except the organization
of its own bod and the appointment OF its own officers
designated by charter and created by OFT under the
acts of the Legislature amending the same-ail othei
persons employed by the Common Council by their ordi
nunces and resolutions, mere agents Of the Corpora
ton and can legally perform only such duties spe
cally delegated to them and OF this class of persons
''the Counsel the CORPORATION" lie has Official
power functions and only bind the Corporation
when he acts within the authority specially given to him.
He neither institute defend suit, unless
he thus directed By of the ordinances Of the Com
Council il is made his duty to advise the two Bosrds
and their committees and officers, but &c charter and
both require that neither the Boards then
committees their officers should follow his advice
unless accords with their opinion of propriety e
shall avise." His advice, however, has no power
legation in it, II is defence in law either TO the Corpo
ration, the Boards their Committees their officers that
they follow the advice Of the Counsel unless the advice
be correct and then the correctness OF their conduct
The of their advice their defence Apply these
rules the papers alluded to- The Comptroller did per-
fcctly right to make his communication 10 the Common
Council relative to the above mentioned sum of Five
Thousand Dollars and send it to that Board which should
first convene and il that Board desired legal advice upon
this subject was their perfect right and duty TO require
the opinion of the Counsel to the Corporation You will
therefore, that neither Board have any power right
by its separate act to direct the Counsel to the Corpora
tom to give advice TO the Mayor has either Board by
its separate action power TO direct the Counsel TO the
Corporation TO prosecute any officer citizen Off
cia capacity orto CALI upon the Mayor TO do or not to
perform any act.
do not understand from the papers submitted to
that the Board of Assistants directed the counsel either
advise the Mayor prosecute Mr.. Ward other
person account Of the disposition of the Of five
thousand dollars before referred to. But such to be
the counsel construction of the resolution and others
may participate in what deem a miscons,rncton TO
guard agains, unpleasant collisions and preserve from
encroachment the Just powers and independence OF the
department which have the honor to occupy, deem it
duty to declare my dsapprova of the of prac
ic hasL In. Ahoc