The New York herald., 1850-01-04
The Common Council and the Board OF
Health Ia Trouble.

The Common Council and tho Board OF
Health ia Trouble.
The Common Council and tke Board OF Health
have paid almost as little attention to the new
charter as if it were not the law. They have
usurped the powers of the executive departments,
contrary to the express prohibitions of the charter,
and have thereby made themselves liable 10
charge of misdenesnor. Whether the District
Attorney will prosecute them, we know not but
they have become involved IN civil actions, and
will probably be mulcted to heavy amount. We
understand the Mayor has had the greatest diff
Guilty in keeping them from doing all the business OF
the departments IL during the cholera, and
IN relation thereto, that they committed the
erossest transgressions. committee of their
body seized the public schools, IN despite of the
Commissioners of Education, and lengthy epis-
toary war was the consequence. Whether the prin-
cple is to be debated and settled IN the courts of
law, we not yet in position to affirm; but we
have heard that Mr.. Holt, the Indignant soap
boiler" of Hammersley street, and the proprietor
of Monroe Hall, Of Centre street and Pearl,
are determined to make the Board of Health
smart. They stopped the working of Mr.. Hollis
establishment unhealthy, and afterwards, ad-
mittng they were In error, permitted 1t to go
They seized floor Of Monroe Hall, contrary to
the desire and remonstrance of the owner. Suits
are being commenced against them, as we are
Informed, and, they have not leg to stand on.
The charter is clear and explicit; section nine runs
as follows -
!" The executive power of the Corporation shall be
vested In the Mayor, the heads OF departments and
such other executive officers shall be from time
time created by law; and neither the Common Couu-
cil any committee sr member thereof shall per-
form executive business whatever except such
is shall be- especially imposed them by the laws
Of the State except that the Board Of Aldermen may
approve reject the nominations made to them as
hereinafter provided"
II is evident that under this section the SANITARY
Committee, or Board OF Health, performed an IL
legal act In assuming the executive functions of
the head of department This was entirely the
business Of the City Inspector, as appears from
the 10th section of the charter -
"There shall be an executive department under the
which shall have cognzancs of all matters relative to
the public health of ssid city aud the chief officer
thereof shall be called the City Inspector"
From the way in which the Common Council
and its committees have taken the law into their
own hands, there might as well have been no
heads Of departments But they have violated the
charter In another important particular. namely,
In the paying away of the public money from the
city treasury. Section declares
except the same .hs have been previously appropra
ted the purpose for which IL Is drawn and all sp.
preparations shall be based upon specific and detailed
statements in writing of the several heads Of the de-
partnents, through the Comp ptroller."
Now, this provision has been utterly set at
noueht, and thousands upon thousands of dollars
have been drawn, without the heads OF depart
ments beng troubled with any statements in writ
ing, specific otherwise No doubt every cent
can be recovered by the people from those who
disposed Of their money contrary TO law SO
much for the PRACTICAL working of the charter.
The Of Mr. Leveridge, formerly Counsel
10 the Corporation, which was before the
Board Of Aldermen last week, presents another
cu ious illustration of the way in which the people
are made to pay the piper for the laundering and
corruption Of the city fathers. In 1s4l, it seems
attempt made 10 cut down the salary of the
Counsel to the Corporation, but the act was drawn
mp in such way that il had the contrary effect to
what was intended. The intention was to give /
81 600, additional to 81 800 as salary in lieu Of all
costs and fees; but the wording was such, that it
was taken TO mean, by the courts OF law, as no.
thing but general retaining fee, leaving the taxa
bic costs as the perquisites Of counsel, just tine
same as before. The result il, that a Judgment is
Obtained against the Common Council for ys,S22,
TO be further increased by law costs in higher
courts; and Mr.. Brady has another suit pending
OF the same kind, which, OF course, he will now
follow up; and there is no knowing what further
suits may arise out OF this blunder. The Counsel
to The Corporation would have ample remunera-
ton in the fees and costs alone, without a cent Of
salary Yet he has $500 per annum in addition,
which latter far exceeds the salaries Of the heads
OF two departments put together; and the best of
the Joke If, that the salary cannot be reduced nor
the perqulsites taken away, without an act Of the
Legislature. Since the foregoing was put in type,
we have learned that Mr.. Brennan has compro-
mised the matter with the Board of Ienlth-of
course, for fair consideration