The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-04
NEW YORK HERALD TUESDAY OCTOBER A. 1s5e-rR1PE SHEET

CURED ny covenants OF the Corporation already exstng)
shan DC for longer period than ten years and all ferry
leases snail DC revocabe by the Common Council for mis-
management or neglect provide adequate accommoda
lions All persons acquiring any ferry lease other
franchise or grant under the provisions Of this act shall
DC required 70 purchase at fair appraised valuation the
Doas buildings and other property Of the former essees
or grantees actually necessary for the purposes OF such
Terry grant or franchise Previous notice Of all sales
ferred to in this section shall be given under the direction
Of the Comptroller in the newspapers employed by the
ana loI ry days n e Ne o Worn se E
eenth Session, page 169 section Al Public Acts OF 1851
This provision but repetition Of the section Of the
charter OF 1853. The charter OF 1853 was ratified by
large majority Of the people Of this city, and
afterwards ratified by the Legislature The city of New
York has far ferries are concerned, ratified il by
granting parties through the Comptroller of the
city after sale public auction and without submission
the Common Council. Another ferry lease Is now in
istence and must be affected by the operation OF the
solution adopted by you.
The charter Of 1858 modified the operation of the Mont
gomery charter TO direct the letting Of all the fran
chises Of the Corporation by the Comptroller 1t also
peaed all inconsistent herewith The Of 1857
retained all the Montgomery charter then in force 1t fol
lows therefore, that the section which relates ferries of
the Montgomery charter Is only in force modified In
1853 as this was the form in which II was in force This
modification Is reiterated in the forty first section Of the
charter of 1857.
The Common Council cannot direct the Comptroller to
do act in violation Of the express duty required him
by law. In the view taken by me- that ferry leases need
not be submitted 10 the Common Council for approval,
am sustained by the judgment OF the counsel Of the
Board (who Isl by the resolution under consideration, d
rected 10 take measures TO annul the Meseroe ease who
gave an opinion in January last to the Commissioners of
the Sinking Fund A copy of that opinion is herewith
transmitted II is true that the counsei's opinion
does not relate TO ferry, but to another
property or franchise of the city. He rests
charter which refers to all ferries docks, piers slips,
and all leases or sales of public property The
sonlng will cover the present and put at the doc
trine that new leases must be submitted 10 the Common
Council for ratification
II the present resolution be adopted and its directions
carried into effect the city will undoubtedly be
in suit for damages by the parties who have obtained
the leases for the Grand street and Peck slip ferries They
will claim large amount OF money for the losses incurred
by them in consequence of tho reputation Of the Common
Council and the taxpayers of this city will be compelled
reimburse the essees the amount Of their losses While
these claims must be satisfied the city will derive as
rent for the proposed ferries anything but nominal
The resolution is so drawn that there can be real
competition for the purchase of the ferry franchise from
Peck slip ferry under the resolution 1t proposes TO di
rect the Comptroller to sell ferry franchise from the
norhery basin Peck slip the foot of South Seventh
street, Brooklyn.
The proposition in the resolution is of such character
as to establish ferry between two points, of which
the New York side belongs 10 the city while the point
on the Brooklyn side the hands Of parties who can
alone bid for the franchise with arr advantage
No party who does not own the point at the foot Of
South Seventh street. Brooklyn, afford purchase.
The rates of rent will be necessarily determined by the
owner Of the property at the foot Of South Seventh street
1t was with view to avoid such contingency that the
Comptroller sold the right He advertised and sold the ferry
as it had been heretofore fixed by the Common Council
lyn or to some point adjacent thereto the power
to select point adjacent to South Seventh street which
induced the purchasers to bid $2 900 for the
ferry II the present resolution be carried into effect the
price Of the Peck slip ferry will be regulated (and natu
ray) at low rate by the of the property the
foot of South Seventh street, Brooklyn.
The Common Connc have acquesced in the charters of
1853 and 1857 They have induced the public believe
that they acting under the provisions Of the charter
1857 The Comptroller has also assumed, he had right
to do that the Common Council assentcd TO the provi
sions of the charter Of 1857 He had right suppose
that provision in the charter intended prevent any
body OF men comforting the valuable franchises Of the city
on favores ut nominal rent would be sustained by the
representatives Of the taxpayers The great object of the
oryirs section OF the charter to obtain the great
est amount OF reven from the public franchises That
section did impair the least the right the Common
Council to establish ferries but enacted that the ferries
established should be disposed of at public auction
the highest bidder who could give adequate security
The resolution herewith returned takes the ground that
the lease must be submitted TO the Common Council for
their approval There is nothing in the law which
qures such submission the contrary the direction
the Comptroller is mandatory. II the purchaser at the
lease, and could compel the Corporation such
lease and put him in possession Of the ferry franchise he
may have purchased.
have endeavored to place before the Board such
sideraons will trust, induce them to reconsider their
action on the resolution. The rapidty with which
passed havng been adopted by both Boards the
evening" could not have permitted that dcberaton which
such subject should demand Further elaboration will
show the improperly Of the measure cannot but be-
eve that preference of justice and of fair dealing Of
regard for the sanctity Of contracts well for the
character of the city of New York, will the
bers the Board TO reconsider resolution which, il
carried execution lead TO results TO be deplored
by every honest man in the community.
DANIEL F. TIEMANN.