The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-10


vERNoRs GAZING M-ru WAY THE JUSTICES
DISCHARGE PRISONERS.
meeting of the Board Of Ten Governors was held
yesterday afternoon the Rotunda in the Park at four
oclock-Governor Townsend President, in the chair.
Present, Draper, Henry, West, Smith Taylor Temann
and Dugro. From the weekly statement It appears
that there are now 6,788 persons under charge Of
the Governors being of SO over the previous
week.
After the transaction Of some unmportant business,
communication was received from Hermon Eldredge,
the Superintendent Of the workhouse, as follows
By Justice Clarke, s7o Stuart, es5; Osborne, $40;
Also, return showing the number Of discharges
granted by each Justice where the vagrant has been
in confinement for period Of from one to twenty days
only although committed for term Of from to six
months Also, the total number discharged by the said
Justices during the year 1854.
Discharged within twenty days-By Justice Clarke, II;
Stuart 100; Osborne, 10; Bogart Is; Wood o. Welsh g.
Discharged above twenty days-By Justice Clarke, SO;
gate number discharged, 49,
The number of discharges by city Judges and Others
upon writs of habeas and certiorari,) the commit
mens being defective, or not recorded has been o.
Total, 524.
This documtn mt was ordered on file.
The following communication from Robert J. Dillon,
the Corporation Counsel, was then read
OFFICE OF THE COUNSEL THE CORPORATION,
January Q, 1885. )
GENTIEMES-I have received your resolution request
ing the opinion of the Counsel to the Corporation to
" the legal relations II any, existing between the Mayor
ana the tn rs ~ s0ov hound .nv ~ rus
to the Mayor the documents asked for his commune
caton Accompanying resolution the letter of
the Mayor requesting you to furnish him with copies
of specifications and abstracts of such contracts
file in and made by department. which are in
Of being performed have not been commenced with
such information in relation thereto may enable him
to comprehend the obligation of the city and of the con-
tractor in every instance"
meht, in all Its branches, was under tie exclusive
management and control Of the Common Council, who
appointed all the officers and disbursed all the moneys
appropriated for the that department. BY
the act Of the 9th of April, in the year 1si9 the
Legislature enacted radical change in the sys-
TEN, deprived the Common Council of all powers
over the Department and delegated them to Board of
Governors to be elected by the people The sections of
that act which material to the present inquiry are
Sec l. The Almshouse Department of the city and
county of New York, including therein the Amshouse
County Lunatc Asylum and the nurseries for and
destitute children the Penitentiary, the City Prison
Brdewe and the other prisons and houses OF detention
in said city with the hospitals connected Herewith,
cept the shers Jail in Eldridge street and the House
Of Refuge, shall hereafter under the exclusive
troll and management of Board of Governors, to
sst Of ten persons who shall be named and styled The
Governors of the Almshouse /,
Section Said Board of Governors shall have the full
and exclusive power to govern manage and direct the
several institutions herenbefore mentoned to appoint
such wardens chaplans, physicians and clerks may
be necessary to define their respective duties and
thority; to prescribe the number and duties of the vari
i
amount Of their compensation, and shall generally
! possess all the powers and authority now by
law conferred, ana be subject to the duties i'm
/ posed the Commissioners of the Almshouse In
said city, the Common Council of the said city and the
Board of Supervisors of said county in respect to the
| said department and the said institutions.
Sec H. The Board of Supervisors of said county shall
annually raise and collect by tax upon the real and
sonal property taxable In said city county such
of money said Board of Governors shall from time to
time require for the purposes Of this act to be applied
by said Governors exclusively to said purposes and to
ho 1Gnvar
be in lieu Of all taxes in said county for the relief and
support Of the poor thereof"
No material modification Of the powers thus granted
to the Governors of the Amshouse made until the
passage OF the act of the 18th April 1852 amending the
charter of the CITY, the sixteenth section Of which pro-
vided as follows
Gan ordinary appropriations made for the support
and government of the Almshouse Department shall be-
fore the same are finally made be submitted BY the
Governors Of the Alnshouse to Board of Commission
consisting of the Mayor Recorder, Comptroller the
President of the Board of Councilmen. II the
said commissioners approve Of the appropria.
to the Board of Supervisors II they shall dsapprove of
the they shall return them with their objections
the Governors OF the Amshouse for reconsideraon
and in case the said Governors SHALL upon a reconsid-
Grafton adhere by vote Of twothrds OF all the Cover
then in Office to the original appropriations, they
shall return them the Commissioners, whose duty it
shall be to report to the Board of Supervisors
1t will thus be seen, that the Governors of the Aims
all matters relating to their department, and may
erativey require the Board Of Supervisors to raise
thirds OF their number may be considered necessary
and which they dsburse for the purposes of their
department without Interference, supervision or con-
troll body independent could hardly be created
From these statutes therefore, am OF opinion, that
the Governors of the Amshouse like the Board of Edu
cation have exclusive control all subjects within
their jursdction-that in regard TO all contracts made
by them the Mayor has no power either to supervise
to enforce annu them-and that 'the legal rela-
lion existing between the Mayor and the Governors OF
the Amshouse." is that Of mutual independence,
only and excepting the power of the Mayor,
mo f nrd nj mi orl
approve Of the appropriations which the Board of Go
may call upon the Board of Supervisors to raise
by taxation for the use Of their department,
Secondy-Pror to the passage OF the act creating the
Board of Governors the charter Of the city amended
by act passed the second OF April in the year.
BY the 18th section of that act they made depart
ment OF the city government 1t provided as foows-
Section II. There shall be executive department
known the Almshouse Department which shall have
cognizance OF all matters relating to the Amshouse and
prisons of said city, the chief officers thereof shall be
called the Governors of the Almshouse,' they shall
consist Of the number, derive and hold their Offices and
be charged with the duties powers and responsibilities
as prescribed by the entitled An act to provide for
the government of the Amshouse and Penitentiary in
the city and county Of New York. referring to the
of the Legislature intended to be passed.
BY the 21st section Of the act it provided that
sthe Mayor and each Board Of the Common Council may
at any time require the opinion in writing OF the head of
any department. upon any subject relating to his de.
partment any information possessed by him in re-
this section is applicable to the Governors of the Aims
house 1t might be argued, with some plausibity,
that this section INTENDED 10 refer only 10 those
subjects upon which the Mayor might possibly be
called upon act advise aud that it cannot refer TO
those which he has no Jurisdiction. But the Ian
guage Of the section is broad general and comprehen
sive, without limit restriction and inasmuch it
tends to promote publicity in the management Of public
affairs, 1t should in my judgment, receive liberal
struction. therefore OF opinion that the Board is
egaly bound to furnish to the Mayor the information
asked for in his communication" Respectfully submit
ted. R0BT ]. DILLON.
Considerable attention was paid to the reading of this
document. After II was finished.
Mr.. DuGRo wanted to know what kind OF q document
that was. Who authorized the Corporation Counsel TO
make report Of that kindS He willing to give the
Mayor the information he asked for Let him have all
tn lo. I'LL "A H..