The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-17
Board OF Supervisors.


Police be- and hereby directed TO consider the prop
connection with the question of increase In the number
OF men employed In that force.
The following resolution, offered by Mr. vooRaEs,
adopted
Resolved, That the Comptroller be- and is hereby, d.
report 10 this Board the amount received in his
each Of the several clerks OF the District
of this city for the year 1857 specifying the amount
from each court separately.
The Sheris bill Of $685. for serving notices In liquor
cases, presented and referred.
communication was received from the Comptroller,
stating that heast Board Of Supervisors dsapproved Il
certain portions Of the estimate Of the Board Of Education
for 1885, returned the estimate The Board of Eduoa
ton had modified the estimate in regard 70 the deficiency
of tl21 900 for 1854 and the estimate thus modified
now submitted.
Mr. KENNEDY called up his resolution of last week. pre-
vdng for the laying Of the reports OF all committees,
unless two thirds should require TO act upon II.
After debate the resolution was adopted BY vote
of9to3
resolution referring the selection Of official papers u
the Committee on County Ofices.
The following communication was received and referred
10 the Committee on Annual Taxes.
INSPECTORS DEFICIENCY FOR srRAEr CLEANING IN
1857
To HONORABLE BOARD OF SUPERVISORS or THE CRY
CRY AND COUNTY New YoRK-
GENrEMKN-It is most respectfully submitted 10 tho
consideration Of your honorable board that the sum Of
0sl 20 deficiency for 1857 asked for by the CITY
Inspector for the indebtedness Of his office, and which u
put in the tax levy for 1885, and has passed both boards
charter and therefore should be stricken from the TAX
levy Section 81 says
except the smae shall have been previously Appropriated
| TO the purpose for which it is drawn"
Therefore, as no appropriation has been previously"
| made by the Common Council" "to the purpose" q
cleaning the streets Of thirteen wards of the city without
Sac osi IS to stand on the tax levy would be pal
violation Of the city charter Can the Board OF Superv
sors sanction an appropriation now made oy the Commo.
preparation having been previously" made without
iatng 81 OF the city chsrerf Could such money b.
fully submitted that could not The argument that the
appropriation should be made for the that poor Ia
boring have performed the work and should receive
their pay tac admission that the City Inspector should
be upheld in violating the city charter but that
son why your honorable Board should follow the example
The argument would apply forcbly TO the City In
specor in person. that is 70 sayf be takes upon himself
violate the law Of the city with high hand regardless
OF his cath Of office, he, like all other law breakers,
should abide the consequences that If he takes upon
himself to employ men TO perform work unauthorized by
and in direct violation or the city charter no good reason
| can be offered why he should not become individually
liable contemplated by the law Of the land. Then
qure, has there been any appropriation previously"
made to pay for the work. Ignorance of law held 70 he
excusefor its violation this the policy of the law,
both civil and CRIMINAL for every one presumed TO know
the law. And therefore the spirit Of the law s that said
Of 06 70, now asked for by the City Inspector,
should be stricken from the tax levy of 1853 Estab
this doctrine then the heads Of departments will become
convinced that the observance of tho city charter their
violated with mpunty That the City Inspector since the
first Of June last has cleaned the street. Of thirteen wards
under resolution of the Common Council and until that
body make specification for street cleaning admitted
but II is positively denied that the Common Council under
such resolution then, at other time during the
SO authorized donethat is for cleaning the streets
of thirteen wards-"withoup contract. But the
rary the Common Council did appropriate and set apart
for the year 1857 of the city,
conditioned they be cleaned ''only' by contract which
s G eoa s po
the purpose for which the sum so appropriated to, un
less by the consent Of the Legislature But notwihsand
ing the purpose for which said sum OF money was aP
proprated there has only been paid out of that
appropriated for 1857 and 10 the purpose" for which
appropriated TO, $50 1856 So or thereabou that for
cleaning the streets "by contract, viz: eighteen pay
ments up Dec g. 1857 the contractors OF the seventh
Tenth Eleventh. Thirteenth Sixteenth Eighteenth, Nine
ending May ., 1857, slO;Ss %, paid BY Comp,
contractor for thirteen wards, for two weeks
ending May 81 1857, si2 making the sum total $685.
pAted 10 clean the streets by CONTRACT has been drawn
from the city Treasury by the City INSPECTOR and applied
theresbout different purpose than the for which
II was appropriated 10, and most palpable violation OF
section 81 Q. hs city CHARTER The cry Inspector rsr
violation OF tbs city charter, has still continued 10
do the work OF street cleaning up to the present time
prevousy" made TO that purpose" and now ask, for
additional Of Ss6osl 70, up to January 1855,
reported by the Finance Committee OF the Board OF Coun
cilmen, deficiency for 1851 that is sso3s % due
tractors including two payments up 10 January DO 1858
DEDUCTED from '" s.Sas Ss eatea Gas o,s Ca wssS
when added 70 the he has drawn and expended the
thirteen waris make the sum total s22l $40 81. that is
the coet OF cleaning thirteen wards since June up 10
January L. 1855 Just seven months, without coutra: and
without any aPgrogri,on ever having been made 70 pay
vouchers the the City Comptroller CITY Cham
berlan the resolution OF the Common Council authorizing
the City Inspector to clean the streets Of thirteen wards
(Which passed that body some time in the month OF
JuneD and the report Of the Finance Committee TO the
new Board OF Councilman IT. thea the cleaning Of thirteen
wards for seven months cost the city without contract
s22l 30 -, and without any appropriation having
been 10 pay for the work De remaining Eve months
will at the rate si5s 5oT u.s. which, at the end
Of year. foot up s3so4ls 5s when the ~
well known, and s matter Of record, that these
thirteen wards out by contract for one year
ing March o. 1855 for 40 Facts and figures are stub
born things At this the entire city would for
year teos ees o. And, furthermore section 80 OF tao
city charter expressly provides that call work 20 be
done for the Corporation which shall involve expcod
ture Of money and above $3.50 shall be done BY
tract, unless the Common Council, BY vote Of three-
fourths OF the members elected each Board otherwise
order" Therefore, the Common Council al no time
otherwse ordered by such three fourth vote during the
year 1857 the City Inspector had legal right
the streets Of thirteen wards the resolution Of the Com
b""anse T,ae ,bs eson TssS ~ he c;,v rb.rsp ~.
Common Council can only decide the naked question,
shall the streets be cssned otherwise" than by con
tract Under this section (3s) the Common Council
not authorize" and direct contract 10 be made
let unless the expenditure involved Is less than $3.50
and then only when the necessity OF which shab first Be
certified TO by the head Of department TO the Common
Council the expenditure involved exceed $3.50 shall
be done by pointed out by the charter unless
the Common Council by such three fourth vote " oheS
wise order And therefore the resolution OF the Com
mon Council under which the City Inspector has bee.
cleaning the streets of thirteen wards since the first d
June past Is al variance with and opposed by the char
ter and therefore void for want Of power pass and
the result would be, those who done rk for the CITY
Inspector were 10 institute legal proceedings against The
city, and introduce said resolutions under which the Cy
Inspector did the work In the support their sevc
raj claims the Court and would doubtless thss
The city was no, liable and could not be compelled 70 pay
said claims for the that the work done vas NOS
done according TO the city charter.
Then, " those who performed the work could not main
tain an action against the city, and could not recover tner
pay-much less the City Inspector-hercore his sc ousns
not 10 be sanctioned by permitting said sum TO remain on
the tax levy Of 1858 And although the Beard of super
vsors permit the 70 remain the tar levy ana
should pass the Legislature, would not then be
law. for OF the city BY writ Of nlunc-