The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-03

property therein, and sppsoprati9g that
am ,npslso 10 this for the foo sios among
Other reasons -
sp@rs6ts the following " hs rah tits 20 barren
Island ipcud,os rho leases, contracts and convey
spces by wm. R-ynob,s for aey part potion
Of The wlaDd and sppoYs eDances the SUN q siooOD
cory Of leasea deeos Whlch ara beseuuto
60, and the o1sinss Of whca 10 be
the city is the pay msDt Of the aoeeeAN sum - Amoog
the papers coed from VIM B. Reg nolds oproo
ration conveying two asrss OF land Barren Island for
the nominal suD Of 81 and assanusent of issss Of
other prop+,ty, IN wish the fixed at
$1,000 The resolution referred 10 iooludes
kasebod and The fee in one mass the propsry :, %
purehsreo for $40 00o and tnereiors 10 disregard
the application made Of this by the seller D.
emily rcwinsl portion Of tl00o0 is apphsi the
made tor the con+ioe,assn of only dor il Is yst
pSrcf sse OF land and IS aarrsn IsIsnd - In Kiogs
county It purshas~ OF land outside the jort.oosoa
cf tie city This pretents to me the hr.L jction.
Whether sDy such power has oevo,v,d npoa the
sntheri,iss city confess this has caussd
ne much III NrD s AMI no ns'is insssa's9 ,
spo hold lana but IL e. prs.a, Es Tho A"osns .n,sa
may be thus held to property Of the ytAsIy Va, ~
81 thrss thOaisnd PoaRds In The ediuoa jass -
sbsd Of tie laws Of the State applicable - tao city,
there hots ~ to clause Of eoartar, ststias
that this hnsst does not the he dn Of land
which when purcbared not Of greater Aoousi v4la
but which atr~sros rose hey oDd IT. shoW'nS that shis
limitation icsr~d stil % iorss
! have not been snle to find apy general &C. whish
t.ss reoh is dotted with laws .asaara,os OAK .eu.r
purchaser BY tbs city, from iOe TO time, f0r
pubic otjec,s inter that this lin tAt,on still ~,
except - bss been enlarged by the 'pec'a acts
thoStzing partlculsr purchases There question
but that the city nov nolas properly OF mach srsaer
annual than the charter sutaorizs,; and the
being the case, l am broOgot to toe ooaciasioo that
there Ii entire sb poser maze the parchsse
in question. The rule OF la appncaoIe to man,c,p.
corporations, rs lsd dovs by tbs higbes Judicial
tbtr IN tps State is tnis lbst toey take only tue
special powers granseo to them by their by
.ksn..
purchase n.to( Vt beoom.s Lawful. Toe oni, power
bnoun tao one woicu n fesfer, win the INIT
unf mit~d whether local jar,sd,ct,sn,
the discretion OF the two Boards al OF the Mayor could
be the safeguard OF tax payers against The met
exttnfvs purchases at sxuAvas.n MT price, safesua
that miehx not at ii times be sufficient The commu
nifty co not rely entirely protection OF TINS ,oara
ard hence IN charters and II Contradictions &c
Is common to interpose cneebs over toe exer.
c,se OF capaefous powert For the hpt time
since my accession to office hsa TIM. ,nportAns
question been nted 10 whether the
purchase land outside Of our jarsdscti0n and
examined it with she care which such qus tom
mApos, in view OF its becomiog Pr-csdt
ample for other and more impor ant Gases II Is
power lksy to ,eaa to great abuse, and Withhold my
requires 1t, but also because l am satisfied tnat
limited wer Of that character wound hioy danser
The amendments to toe charter adopted 1890,
1S49 and 1863, clearly show that NO such unlimited
authority left In Our local Legislation The amend
ments OF 1893 provide that all supplies BE- tu,sosd
embracing expenditure Of $3.50 shell 90 oy COO.
tract for which estimates bids spau furnished
after dine publication. All that Is not real est4ts or
lasebold property in this proposed par-
chase from Mr. Reynolds personal property-ths tools
and implements OF Quoting his business y
tractor removal Of oal &C.. and for facSure
into articles OF bosts shoves carts nc THESE
supplies fDrT sbed to the city without tbe fornass
required by the charter cannot suppose tnst il
INTENDED to etter the authorities ths respe,; 10
compile tey and yet leave open power to puroAse any
amount 81 land anywhere 1T any price in the discretion
Of those whoee action heretofore checks snd
guards highly necessary An amendment the coartse
ADOPTED in 1849, provides that Deither tho Common
Council any member thereof, shalt per.
form any executive Business whatever This re-
efrctiops undo rstand was intended, am0og other
things to prevent the purchase of sr the MAKING
Of contracts by this branch of the city government
leaving tuch duties to be performed by the heAos Of
all executive officers and specifies things par.
chased, The price to b. paid, and tue person from
purchased and this 10 not compatibo with the theory
upon which the local government then formed 10
divcipg the executive and lsgisat Departments rne
resoluton In this appears to to attraction
governed the IHrslAture in establishing have other
grounds OF objection, TO which II ssa,y al
lute They refer particularly to matters Of dc.
tail The principles involved have deemed Of great
importaDce and upon them alone haze considered it
sufficient to stand in the OF tos subject Had
the Common Council followed TIE practice with reference
to ferry leases, &c. OF making It incumbent upon
su:eessor Of Mr.. Reynolds in the ofa contract
the properly here alluded to instssd Of the city many
OF the objections which N this proposition would
have been avoided. With distrust in my xl-dse
Of Law generally but confident in the soundness OF the
position herein assumed beg to return tho resolatson
witheut my approval Very respectfully,
FERNANDO WOOD, Mayer
The Board then adjourned till the afternoon thurs
fay next.