The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-04

Board OF Aldermen.

MUNICIPAL AFFAIRS.
~oo~.>~o~Ooo~1NN~oN1-No"
Board OF Aldermen.
This Rosrd met ias. evenug-.hs President, Johu
Clancy hq, tn the chair. the inmates Of last meeting
we're read and approved
CLEANING The srREEns
Alderman ADAMS said that the Committee On Streets
bad the last meeting, promised 10 report ON ie neglect
Of the perform their work Of cleaning the
streets The Committee had made prvgress In their meet
ing but they required time until next meeting Of the
Board u make their report The peculiar position Of the
business of the sty was 30 unsak factory that the
Co ieemed neoessary to make more extensive
alton and to decide thai the cOntracrs who
did perform their duty could not sue the city for
damages roo MANY suits Of that kint had been insii
tn,ed, and the Committee were anxious 10 AVOID IN The
present case such a contingency
alderman rp.Kga regretted that the Com uee were
not pre- pa ed to report was matter that
quired their Immediate scuoL
The PRelDENr sad there was no debataoe question De-
fore the Board
Alderman Blunt asked leave to cal. up the report Of
this Bard " concur with the Ooancnen ON the cnnra
ton OF the street C nti acts
Alder man ruCKsa thought the contracts mad better be
confirmed before '0ey could b. broken
alderman OWENS In favor Of declaring tho contracts
null and VOID.
Alderman ADAMS explained that the Committee had
depe all 10 thfr power, aud would repo at the next
meeting There were some difficulties which they desired
70 explain.
Alderman HpNr said that from the present position Of
the must drs be confirmed; then the City Inspec
could break the prsct< legally and proceed with the
work He hoped This subject would be- taken NJ the
bands Of the committee and dispersed Of at Tue City
I'M peeiOr could clean the streets and The Comptroller wodh
pay the couuactors' bills for what work they had doae
Alder man TucKER thought the question one Of impor
lance II the Board would nr-t confirm the contracts,
the city would be legally protected and the streets mme-
disteiy cteaned
Alderman MONAGHAN said that some Of the contractors
had done their work we'll, asd would be unfair 70 de-
pnve them OF Their labor.
After iher remarks the motion TO take from the
table and confirm the 20, orr. was lost
CENTRAL PARK Y1vB PER CAN'T BONDS
Alderman DRAKE offered tho following, which was
Resolved That the Comptroller be req rested and "
hereby authorized To call the ave per ceut bonds issued
last year in payment Of Central Park, and Issue six
cent bonds for he same
rHs Sixth AND EIGHTH AVENUE RAILROADS.
Alderman TrrKEs onered preamble and resolution 70
the effect that the Sixth and Eighth Avenue Railroad com
yanes be iosruc ed to comply with The eondns Of their
agreement the space INSIDE and OUTSIDE the tracks
ut least eight fee. in .idth Adopted
TE cotNEL OF THE CORPORATION, ON
STAGE
Law DEPARTMENT THE CnY ov New YoRK,
OrFCE OF COUNSEL 10 rBR CORPORATION,
No. 237 BROADWAY, June l, 1857
TO HE HONORABLE TIE BOARD or ALDERnEy-
pas ed April T. 1897, TO inform you ~heber the Comma
Council have the power change the route o stage
line, granted, without being liable " said ne Tor
damages, II any oss be sustained by such damage"
The inquiry embraces the subject Of the right Of the Cor
poratou 70 control the use Of ia public streets ana high
ways The legal In the Cor
porson subject to tho pubic cas- mcut aud Is held by
them In trust 10 be used as and for punc high way N
competent for Them 10 make such diuauces respecng their
shall best promote public convenience and ON time
to sries to aer amend repeal hose
ordinances. Tue right Of foot passengers superior b
the right Of the owners OF vehicles and this must be
Dor in mind when any exclusive franchise In the stree
proposed TO be given TO the conductors OF carriages,
ompibuses or any DESCRIPTION Of vehicle In pursuance
Of the authority which the Corporation unqnesouahy has
IN tie premsee the Common Council early The yer
ISg, pas ed ordinances for the licensing and govern
mept Of sfages coach0 and drivers"
and the Mayor wus authorized "issue licenses 90
mapy persons he shall think proper 70 keep and
accommodation stages" the important right 70 revoke
such a his pleasure" reserved N the May
the ordinance in addition, provided that all licenses
granted hereunder should expire on the ost Monday in
July pexi after their cate and shall be renewed by the
mayor npplica ion therefor.
II there had been no yslative Intervention upon the
subject since the ordinance Of 1852 there n doubt a
the Corporation might any change alsr stage
route without being liable TOR damages 70 the censee for
although the license was IN the nature OF oontac the
special aud rcservcd the right OF revocation n disore
uop, The stage owner could not oomois that Il vas
duty to have known the ordinance which Conferred
uron the chief ocer Of the Corporation the authority to
license, in the same section reserved 70 him The power
The Legislature Of the SAFE In 1884, passed act
titled "An act reg lae stage roote In the city OF New
York and to pryvde fn the formation VI companies 10
operate the sane" and 10 the provfons Of this act
must c,k for 10 the question under exsmina
n.
either cs,ahhh to establish and maintain stage routes
In the city Of New York
The twelfth section provides that any company formed
under may change he route dssisnated In he
ce OF association, "upou oba ming the consent OF me
Common Council OF said city thereto" me fourteenth
provides that before any route shall be established
or ao.ed TO operate said city, (exccpt pro ded
sixteen % the set J application should be msde
70 the Mayor in wrnoe specifying The number Of ssee'
members elected each Board Of he Common Council he
secured therefor and the nae~nh section the
riyh, acquired against termination alteration unless
by the action 81 two thirds Of all tho members
elected each board and then not unless the Mayor shall
approve thereof IN the eve nj OF such adverse soon Of
DE Common Council against the consent n the proprieo
OF The route the law declares that they shall be emitted
10 receive compensation from the city for any DAMAGES
they may sustain thereby Provided that the action OF the
Common unc IA not bad consequence OF The vioaor
Of tie part Of the proyrieors OF any regulations
| which he Cor 1orsuon may lawfully impose
No mode of ascertainng the amount OF damages pro
The sixteenth section makes the provisions The ac ap
phcsbe oil stage routes I'm existence the tine of ~
rvsare fAprii T. 1850, and such thcreby
decmed To have the approval aud consent quoted above
| from the fourteenth section.
ell the right mako regulations In reference 10 the
running of stages and omuhuscs In said city 90
cesssry for the con -enen and accommodation &C the
streets Under this section satisfied thai Corpora
ton may restrict the number OF stages which shall be pu
upon route the rae of speed which they shall 10
driven the point IN the roe at or below which move than
speciaed plumber shall not be allowed 10 pas. and
make such other regulations In reference 70 the running o
pent use and mmodsou OF the streets The sts,,s
only away the heretofore EXISTING IN the
May or revoke the license Without compoussion 70 the
| hcensee for any loss be might sustain.
Ny conclusion h that tho Comm Councn have not the
power 20 change The route Of soy stage Tine granted before
The o. April ~ 1857, (which provides naf
route shall thereafter be granted unless MAJORITY II tho
Of properly, &c shall erss ccnsent s,ne, No
against the OF the proprcsor without being liable
for damages n any loss no sustained by suon damage
but that the Common Council may moose the restrictions
have stated above and others Of Ike character, upoo
the using the license have the honor 10 be
four osedIent servant, RICHARD BUsrSED.
Osunsef IN the Cor covafion.
ne document was ordered be printed minutes
COMMUNICATION CENTRAL PARk COMMISSIONERS, AuzEso
rsps STOCK THE AMOUNT 90 $50 0on, rC
To NAyos, AIDDIxxs CoxxossLrr o. ms err og
INV YonK--.
The Commvsoncrs Of the Central park have The honor
state that during the few weeks that have eaecd since
their appointment they have been engaged In sscsrtnns
The present clifton Of afsirs connected WITH the park,
personal examination 81 the grounds, dwellings and cher
structures situated within m nis and IN comparison Of
various piafs and designs for lbs Improvement
A. conpeced pith The rerk and within tbs scope Of the