The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-09-26

government require thorough examination, es-
pecially those directly bearing upon the ordinances
of our city; and we hope that wealth, pIeierment
and high place. will not shield the guilty.
We have the hope that we are on the eve of a
brighter and better era in our city government. but
we ieel that il mainly depends on the energy,
ability and bdelty Of Grand Jurors; and we trust
the day is moi distant when their presentments will
to be- vha, fear they have besome, jests for
the wicked aud mere dead records upon the proceed
ings OF our courts.
With these views we most respectfully request of
your Honor, ttat you Cause copy hereof, aud "a
well copy of the communication from the District
Attorney to be officially placed before the succeed
ing Grand Jury Immediately on its assembling.
Signed by the Grand Jurors for the city and county
of New York, September Term, 1868.
LutherC Carer, Foreman, Mahon Mattison,
JIeh Bull, Secretary, Jacob C0res,
M, Hopper oL, Ass. Sec. Robert II. Alexander,
Joseph L. France, James b. Max veil,
Joel Kelly, Il. B. Fosdick
Walter Carter, Gerardus Boyce,
Peter j. BOgert, John w. Howe,
John r. Lawrence, Samuel S, Constant,
Ralph Hall.
The following communication was received by the
Grand jury from the District Attorney, relative TO
the laws and ordinances Of the city. 1t is an able
document and will be found very interesting to the
public generally
OFFICE OF TIE DISTRICT ATTORNEY
OF THE CITY AND COUNTY OF
New YORK, Sept %, 1853.
To THE GRAND JURY OF THE SEPTENBER TERN OF
THE CoURr or GENERAL SESSIONS =
Gentlemen-I have received, and so far as an un
usual pressure Of public business would permit care
fully considered the request embraced in your reso
luton of the 18th inst.
Fully to answer your resolution would embrace
thorough examination, alike OF all laws and Ord
ances appeitainng to the government of this CITY,
and OF the various instances in which, from careless
ness natenson, wiful neglect on the part Of the
public officers, violations OF existing laws are com
mitted with comparative impuDity.
This can hardly be ex Oected during the short
Period allowed for your official labOrs, and would
embrace necessarily = detailed enumeration OF
grievances and abuses sufficient to I'LL considera
bic volume. i must content myself, therefore, with
general view OF the character and condition of the
city government and the manner in which the laws
and ordinances affecting its interests enforced
neglected.
Tie original charter Of the city vested in the
corporation ample powers to pass ordinances
providing for the comfort and welfare Of the
citizens, and with the aid of the statute and
common law applicable to criminal offences, the
ordinances passed under the charter, and by
virtue Of various statutory enactments fully ade-
quate to perfect enforcement of ORDER cleanliness
and The protection both of citizens and property,
the punishment Of those who shall undertake violate
public or private rights Yet, true it is, that with
system Of lava, the power to create such system
equal to almost any conceivable necessity, the city
OF New York. In its municipal affairs, is the best
abused and worst governed city in the Union.
desire not TO be misunderstood, or to have it sup
posed that the wrong is Of the present day merely;
it has existe for years. and will exist until the peo-
pie shall apply the proper remedy, and shall hold
public officers TO rigid official &C ,ountabty; hold.
ing them IS they hold the private individual, amena
bic for their acts, alike of commission and wilful
omission. refer not 10 isolated cases, but to that
general and almost entire neglect the enforcement
being exceptions,) to enforce existing ordinances,
and the necessary increase Of violations consequent
upon previous immunity. Thus it is that your
etretts are nearly impossible, your public piers are
deposits, and brick yards, lime kilns depots for the
sale of manure hay, frewood, lumber, plaster and
provisions, and tor the storage of cotton, molasses
iron and other articles of merchandise, I'LL your
whaTves and public thorOughares in direct and po
sve violation of laws prohibiting these practices
The system Of encuInberiag streets with the
old materials Of buildings torn down for the
purpose Of rebuilding Is equally. ia violation
and convenience alike Of ALL are constantly OBJ.
structed, to the danger, and certainly to the maui
fest detrinent OF those who are thus delayed 10
their business pursuits. Who can calculate the In
jury in the aggregate?-oss Of time to the business
population Of New York, consequent upon the de-
laws thus created to say nothing Of the confusion
arising from interfering vehicles meeting in the
crowded spaces, blocking up the streets, or await
fault in very large majority OF these cases. is not
with the police department. 1t reaches higher
than the policeman, and rests rather with those
who, charged with executive duties, neglect their
the last session of the Legislature furnishes sum
mary remedy for all violations Of the pcaa ordt
dances Of the Common Council. Article 4. section
g. of that act il as ADMINISTRATIONS 20 and FL OF
an act entitled AN act relative TO the powers Of the
Common Council of the City Of New York. and the
Police and Criminal Courts of said city, passed
January q, 1853, shall apply to all ordinances
passed by the Common Council Of said city, Sec
ton I'll Of the act Of 1888 Is as follows:"And all
persons offending against such ordinances shall be
deemed guilty OF misdemeanor, and be punished
On conviction before any of the magistrates described
in the second section OF this act such magistrates
being the Mayor or Recorder, or one Of the Alder
men or Special Justices Of the city,) by nne not
exceeding ten dollars or in default Of the payment
OF such fine by imprisonment, provided such i'm
prisonment does IT exceed ten days."
Other officers OF the city government are specifically
charged with the duty and clothed with ample power
to enforce obedience 10 the ordinances Of the city, In
the mode pointed out by the ordinances, aud by con-
cert and harmony among Themselves all the reforms
contemplated by your resolution can readily be pro-
duced. 1t belongs not TO me, and would be highly
indicate on my part, to pronounce Judgment upon
their acts,
One remedy much needed in regard to certain
criminal Offences can only be obtained by leglsauve
add allude TO cases OF assault and battery petit
larceny, and other msdemeanors OF minor grace.
The most ehectual mode Of checking lawiessness
by prompt punishment. II tue vioiaters OF the pub
lie peace are once taught that punishment VIII FOL
low close upon the heels of the offence, midnight
riots and other scenes Of disorder anu violence 80
frequent In our midst will at once diminish, and
con paratvc safeguard he furnished to our citizens
UudeT the present state OF the laws this s absolutely
impossible. without the consent OF the accused, UNI
ICI .lp Constitution and LAVE no Lau can lie put