The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-01-04

Tho Common Council in the month Of May passed
tso for proposals for Cleaning the streets Nothing has as
YET been done under this ordinance The streets
sur ng the whole Of this year been cleaned without con
various Street Inspectors Of the several wards OF the city
Tho expenses have been about $500 00O The receipts
from manure have been much less than formerly re-
ceived. The amount received this year 81, 900.
call your attention to the large increase in the amount
decreased sums received for since that year. II
the city has increased its limits OF population, and thereby
must be the quantity manure taken from them greatly
increased but seems the receipts for the same much
below those of tho year 1s40.
am Of opinion that by contracting with proper parties
with sufficient suretes and holding ton " strict accoun
liability that the streets could DO tas cleaned aper
than by persons employed directly by tho several Street
In my opinion this department requiresa reorg.nza
tion so as 70 elective In regard to the
several matters entrusted its charge especially with
to the persons and the duties Of those employed
as health wardens the several wards These persons
should ali be individuals thoroughly qualified TO judge
recty in regard the matters respecting the pub
lie health upon which, in tho warm season, they have
The management and supervision of the markets
also placed by the charter in the City Inspectors Depart
pen These buildings, with the real estate occupied by
them are valued about 81 COO Including the in
terest the value of the property in USE they are an an
of expense TO the city, In several cities OF the
Union the public markets are source OF revenue instead
| Of expense.
believe that public markets owned by the city Of
New York might, under proper system, be also made
TO pay large Some Of them, doubt, stu
ated in remote localities where business is very limited,
| could by system be made to pay expenses.
These markets l would recommend to be abolished.
Only those that be made to yield equal TO
all expenses should be continued AS an evidence OF the
that the markets, well located may be made to
return under proper system of collecting the fees It
| and fees received by the collector Of West Wash
| ington market, appointed by the Mayor and Comp
pss BY S the State and its essees in relation to this
ground, the receipts being at least twenty five per
| cent more than under the former collectors. In
HE Ind INT hac fxubic
pending by the State and its essees against the
city in relation to the ground on which this market is
located This property, which formerly existed slip
opposite Washington market, was gradually filling in for
years and consequently became unsuitable for occupan
part prior to the 1884, part prior to the year ls4s
and the residue prior 10 the year 1858, under
| The Corporation have always been in possession.
Tue State however, claiming title to the land thus made
being beyond the limits of the city, leased the
same, through the Commissioners of the Land Office, in
April last to two parties the IS 600 year rent
and suit alter commenced by the State and its
leesees ms plaintiffs against the city to obtain possession
Of the same This still pending, final determine
ton having yet been made, except that application
bv the plaintiffs in the suit receiver has been appointed
by the Supreme Court of all the rents collected from
persons occupying stands the ground in dispute and
these and other fees being paid into his
hands, and by him deposited in the United States Trust
Company the amounts shall reach five thousand dol
| lars subject to the final decision Of the cause
The question involved ia this controversy between the
State and its in the city may result protracled
litigation must be evident, however, that the intc
of the State ought TO those the
city and therefore trust that some amcabc adjustment
| of the matter may yet be made.
Final Judgment has been entered against the city in the
suit Of Robert W. Lowber for the property sold by him
the Corporation for market purposes the East river be-
tween Sixteenth and Seventeenth streets Execution
this latter judgment for the of 1928
damages, costs and interest," and the property belonging
to the Corporation in the City Hail. including tho fur
the Of both board ana
Board of Supervisors and other Offices sold by the
Sher in the month Of October last The Comptroller had
tn Ia hahn
funds applicable to IT, In this contingency the sale
pressed became necessary that the paintings and
other personal property Of the city, collected through
long series Of years. should be preserved TO its
Under these circumstances, the Comptroller and myself
be not only unnecessary expenditure but illegal
claim, deemed it my duty to save the property from
sale. The bid In under my direction for the
Of $50 OOO and is held by myself and the City
Chamberlain ready to be surrendered TO the Corporation
on o. TINS sum- with inc actual expenses there
that application be made to the Legislature for the passage
Of act exemptng from sale by execution the
property Of the Corporation unless there funds app
cable to the payment Of the judgment until after the
Legislature shall have authorized the be raised
therefor.
In addition the sale Of the personal property of the
Corporations all the real estate wharf and ferry property
owned by the city advertised under the execution in
the Lowber Judgment and considerable portion thereof
sold on the Oath Of December last, most Of it, not
the WHOLE at prices greatly below its actual value Under
the provisions Of the law of the State relation the
sale Of real estate executions under judgments
of this property will not become absolute until after the
Some provision must however, be made for the redemp-
ton of the property, and would recommend that the
Legislature be asked to insert the required for
payment of this judgment and the expenses the same
| in the annual tax levy for this year:
proper to state here that this judgment, well
many others, resulted from the practice of authorizing
purchases and contracts 70 be made where
provision had been made for payment. Believing that
such purchases and contracts Illegal am satisfied
that should be sufficient defence suits brought upon
such contracts So far any action is concerned, shall
not approve any resolutions requiring expenditure of
publc unless provision has been
| for the payment OF the same.
have been Mayor five hundred summonses being
the Of many suits against the city for
alleged work done and performed in its behalf
have been served upon They have been in all cases
transmitted by 10 the Counsel of the Corpora
ton. The city has succeeded in successfully defending
Of them, but in many cases judgments have been
entered for various The necessary dis
buscments alone in these cases have amounted to large
sum.
In my opinion some legislative action is required in re-
laon to suits against the city, and trust that you will
early consider the subject with Of applying for
law providing that before suit be commenced against
the city, demand upon the Comptroller shall be
| for payment, and reasonable time allowed for
animation of the claim opportunity thus afforded Of
ascortainng the evidence bearing the question
The improvements in lay ing out the Central Park have
been progressing during the past year, but have no
official knowledge Of the extent Of the improvements
There have been issued, by virtue Of the act
in bonds, known Central Park Improvement bonds and
the commissioners have been paid under ordinances of
the Common Counc by the Comptroller at various times,
vi Tue WOrk Oh improvements
was first commenced. The Park, when completed will
be the main feature Of ornament Of the city, well
of recreation and health to its citizens. may
here add that the Common Council have control what
the expenditure Of the large used by the
Commissioners, who are appointed by State authority and
in any way responsible to the Common Council or
other authorities Of the city,
Resolutions passed by the last Common Council,
which returned without my approval, asking the
Legislature to amend the act In relation the
Park, by extending its northern limits from 1o6th 10
10th street, and by widening the Seventh
width Of $50 feet beyond the Northern limits Of the
Park and other improvements to the surround
ing it, approve Of the proposed addition Of the sec
ton above lO6th street, which forms rocky slope and
| could not be used for purposes of building unless
at great cost of grading but which, enclosed in the
Park would contribute TO its ornament and completeness
This addition however, only desirable, but not actually
necessary And in view of the proportion of the expense
Of the same, which the Corporation may be called upon
pay, would respectfully suggest that before the tract
alluded to shall be taken, the Common Council shall first
approve Of the awards that may be made therefor. But