The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-07
MUNICIPAL AFT AIRS.
hoard of Counciimcn.


zion was laid on the table
Mr. JONES to take from the table the veto of his
the May against appropratng g. 900 Tor the pub
ucaton OF system OF musical notation for the blind In
vented by Mr. Mahony The speaker said that the Mayor
heartily approved Of the object but doubted whether the
Board had the power to make an appropriation for thai
purpose The speaker had consulted legal gentlemen
chat point and satisfied that they had the power
90 do so.
adopted.
was unanimously adopted.
OPINION CORPORATION COUNSEL CHARGING FOE THE
USE or GAS AErKRs.
The following opinion received from the Corporation
Counsel, and ordered to be printed in document form
THE RENT OF GAS METRES.
LAW DEPARTMENT THE CRY oy NEw YORK;
orricK on COUNSEL TO TIE CORPORATION.
No 81 ,HAMBKss STxKxr, May 16 1857.
To TlK HONORABLE ,Hs Board or CouScu xES-
My opinion asked by your Board as 10 the Legality Of
the charge by the gas companies furnishing gas the
czens of New York for the OF the metres attached by
them 10 the service pipes.
The subject Of inquiry IL one OF great practical interest
to the citizen az well ss to the companies and lhave given
IL the attention II merits.
light the city Of Se~ York the corpo alton known
the Gas Light Company of the city of New York. which
received its charter on the 18th OF March, 1sS3
BY this act the given the power to manu-
cture and sell to be used for the purpose OF lighting
the buildings manufacto les or houses there
in contained and TO enter into any contracts agreements
or covenant" IN relation TO Its use The nrst section OF
this act in terms provides that mo pnnc street. ahe or
highway in the city OF New York shall be dug into with
ou the permission Of the Corporation Of the said city FRS,
bad and obtained" The fifth section allows the Board Of
Directors make such rules and regulations not repug
the constitution laws OF the United States If this
State them hail neeu, and proper, for the dis
position Of the property of the company And the eighth
section pro ides remedy in favor OF the
psny against persons who wifally cause do act
Whatever where the works, or any pipe, machine or
frnnl nFP IN
sruced impair ed, weakened or destroyed TIE nth
ton o. the act declares that the act Of incorporation shall
be deemed public act, and shall be 'benigny and ia
yorBby continued for the purposes therein expressed
The Manhattan Gas Light Comnany was incorporated by
Legislature by act passed 26h February, 1850. And
hw contains the provisions in respect to the Man
nDsn Company in the same language that have above
qugied from ihe act incorporating the NeS York Gas
Light Company The charter 10 the Manhattan Company
not TO lake effect, unless the American Gas Light
Company which bad been Incorporated on the 1h March,
1927 surrendered its chartered privileges refer TO this
merely because the last named act contained the
provisions OF particular benefit and advantage to the
company that The acts Incorporating the other companies
contain.
the 10th day OF February 1sis the Legislature of
this Safe passed general act authorizing the form atom
Of gas light companies IN any city, town village OF the
STATE The 18th section Of this statute makes the consent
Of the municipal authorities OF said city, town
village necessary before such company lay pipes
FOR conducting gss through the streets highways.
On 'he rs, OF April, 1884 the Legislature passed ee
neral net for the protection OF gas gh; companies which
converts what would have been al common Law only q
tespa into crime. and makes II misdemeanor pun
imprisonment
spjue alter obsu uct prevent the action VI any metre
provided for The purpose OF measuring aud registering the
quantity Of Illuminating gas consumed by or at any bur
The foregoing acts comprise all the legislation Of the
State upon The subject under examination which II Is
crssary TO consider.
will be observed that the right Of any gas light com
pan to lay their pipes through the streets highways OF
municipal au,horc aud nothing can be palmer than that
by this the leeislniure Intended subject
ths n, the Judgment and viii Of the AUTHORITIES Of the
place In hch the llght might be formed
The objects TO be secured by the legislative grant Of
vrCsr A., ,hnrv ~ hs ,s Se
Whatever OF pccuniary advsuAg might lawfully accrue
them from their iurc Of capital and expe, dture
of moneys while nj the same time private monopoies
intended to be created 10 the predce oppressoa
Of the public al large. Although price is liked at
which the light shall be sold per cubic foot the ,aw i'm
plies thai the companies shall demand receive an
cxorbitsni iyranncs rate OF compensation; and
consent Of tho MUNICIPAL authorities ss necessary IL every
case before any company carry on its business, 10
must be presumed that the Legislature intended to leave
60 each municipality the right and Of preserving il
citizens from unjust exacten Of the hands Of gas Light
company
The Common Council on the 18th day OF May, 1873,
entered with the New York Gas Light Com
papy, by which the comp~ny acquired the right to lay
ber pipes &c through the streets south Of certain lines
msnuoped therein This contract was for Ia rty years
and that a contract awarded the Manhattan Com.
papy in ls3 granting them the right 10 Law nj ga &c 10
streets north OF Grand street This last named conlraa
was for twenty years.
hts noticeable that nothing whatever Is said In either
NJ
which gss shall be furnished to the cizeas and
uoo Is made OF metres or method suggested d
rected ~ asccriaiuing the quantity oonsumed
In the year 1885, the Harlem Gas igh Company glcd
certificate incorporation pursuant to the act Of lsts
and the Common Council on the twenty af,h day o.
April 1stt passed an ordinance eonsenpng ,ha, tue
company lay ~ pipes, &c through the streets
OF the city lying north Of Seventy ninth street.
The rscond section Of this ordinance provides
that sba be fdrbisted 10 ali perons who may desire
the and that The company shall no, deprive any
sumo az the upon refusal 20 for dispnte OF
the bill rendered until they have served such opu,anl
with the affidavit 81 their Inspector the
Of reRsics 81 sher ue,re refer IN tas ordinance
because il the only one which have fond that makes
reference Ia the VII ch the b1siuess shall be
conducted he ween the consumers ana the companies
The metres belong 10 the company they are part OF
will and asist ltu taxps the cnsumer Of as what they
choose FOR their use The companies have aioped them
AZ the best mode OF ascerianing how much Of their pro
onsv ,hes az ensd ~ nv ,I sni ~ a., en-
sumpsiou. Each company has an officer whom 8, de-
tgbetes AZ an Inspector OF metres, who walk. into
sVNi "test Nv pc%-te hs.shu W tht m'"e' ne