The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-01
THE OUTRAGEOUS GAS CONTRACT.


The follow ing message received from HIS Honor
the Mayor by the Board Of Adsrnsn last night wnion
was directed to be entered length on the mnutes-
MAYoRs Orp.cE, Tuesday, Dec, 81, 1850.
Gentlsmen:-I .hsr.with return to your honorable
body the accompanying resolution, providing Tor
costract with the New York Gas Light Company, with
my oD'ecnon sasny are entitled to hold and enjoy
their present grant until the 18th day Of May 1893
leaving 4 period Of two years and four months
., s,h It's na term Dp or burner lighted by them
sum equal y the cost Of each public oil lamp
t,on s1i sI2 each BY the 9th section Of the pro-
pesed CAN'T the company are to receive, after the
n cubic burner being So for each burners and
atss the present price on the Leg public burners
y sv the snns .nd e
proposed contract would at the time OF the expiration
tfthe present grant, amount to upwards OF $l2,t00
do not upon careful examination, discover any good
reason why the present grant should be abandoned
before it's termination and the more especially If such
abandonment is to be attended with heavy loss to
the city cannot in the proposed contract, discover
any substantial equivalent whatever for the entire
sscnnd Tss o. 80 gsonossd Sv this rsaonton is to
continue for period Of eighteen years frem and after
the 9th day OF May 1850 II doss not seem to be e1-
TO leRislate for succeeding Common Councils for
long period in advance think |. cannot be claimed
shat future Common Councils with the advantages OF
time and xperience will not be capable OF egsating
with rs much wisdom and with equal regard for the
e necessarily without the benefit of those advan-
tages which their will possess, from time
to time, to aid them in their deliberations.
Third The lighting OF the streets is police regula-
ton and the power of the corporation over Is mere
Iva governmental or municipal power, without any
right of property connected with it. It Is In FACTS
public duty, as cont3a-distinguished from an unre-
strained right power over property and the corpo-
ration it is believed cannot divest itself OF the right
to exercise control and supervision its
execution to limit it's legislative discretion by con-
tract so as TO dable it from enactng any Law that
m ir be
This principle was fully settled by the decision
OF the Supreme Court in the case Of Britton and
others against the corporation, also in many other
In the former, Chief Justice Nelson, who aeli
vered the opinion of the court declared that the pro
position too clear for argument 1t requires, he
Gays, but little reflection that if this could be
done there would be end of all legislation in
the city Every public duty like the one in question:
being the subject OF private contract might be placed
beyond the control OF the city authorities for any
given enth OF time until nothing would be lett Tor the
exercise of sisstve discretion it 1t practi
cable Tor the Common Council to tie up and dvest
itself OF oil power over any one public duty do not
see but the same thing might De done as to all
4th This grant cuts of the city from all the advan-
tges which may be derived from the aide of genius and
science bearing this subject for the next eighteen
years New discoveries, either in the material from
which gas is manufactured, or mode of illu
minaton or both, may produce a much better and
cheaper light than that contracted for long be-
fere 70 many years shall have elapsed And Is II wise
or Is 1t just and reasonable that the present Common
Council teven admitting that it has the power should
30 bind their legislative capacities by contract of
long duration rs to withhold from the people aud de-
prive them of the advantage which discoveries
and impro yements may give to them
bth The Legislature OF this State with view to the
future and exigences OF the people in the pas.
OF laws in the nature of grants charters like
the under consideration, has long been in the
practice of reserving To itself the power to modify or
repeal them. And why should not our city legis
laure in like and TOR the like reason reserve
to itself the right OF altering or cancelng this grant
just regard for the future nert OF the city would
to render some such provision highly necessary
sea'onsble notice that such was their intention,
previously served upon the company, would at the
fame time protect both the interests Of the city and
company.
will only advert to the fact that while the company
agree to furnish the gas and light the burners there
ts penalty other remedy provided in the grant
case of neglect refusal. This aud other minor
considerations, 1t Is not necessary to alude to part
eularly, the other objections above mentioned
Of more important nature and to them desire
especially to direct your attention
For those reasons herewith return the resolution
10 your honorable Board, in which it originated.
c. W0ODHULL.