The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-13

ncnt Of crime O murder shah not be affected by the sse
sentence Of sh. be pronounced ICED
ssnce ,ha oe a. eeinsd for day not less aonsas
and not than eight months from the time OF s'cn zen
zee Il. This as! shall. take effect Immediately
ArsASr, March 5, 1901.
4 NOD g;uTA y1,oy Public Rtclsa-Ogicers ant Cyc
Fees--x Kearopolaaa HeGHr Board, de-
We fsa,eve n was OIL Burr who obtained from our
State Legislature an incorporation for banking purposes
under a clause Sf act which, while u prosecuted TIE
precise objects which the ccmpdy was TO be formed
also allowed il engage in "other business rot pre-
hibted y the constitution" Whether the precise object
for whica the incorporation WAS ramedthat of supply
inc the city with pure and Wholesome waterwas ever
aned our citizens who lived before the days of pure
Creton can best answer; but the clause which, by a
liberal construction authorized the business OF banking
bad vitality enough build up powerful banking insti
tu,icn, which exists to the present. day. The whole
force of the law derived from rs express but s
and constr uctivo is great mat
ter, Falsta said Of nstnctnore particularly thai
sort OF construction which Is called heraunder which
from the Bank of the United States down to many
minor nposoDs, the people have been made to suffer
There 10 low before the Legislature bin the title Of
which reads follows:ssAn concerning the public
health Of The counties Of New York, Kings and Rich
mend and the waters thereof most taking title, aud
one which literally ooncc ALL propose briefly to
aoalyye of its provisions, the insen and object Of
which, however studiousy and olnnngs concealed by
acrot Of words is the creation in midst Of an
Asuton aygh with danger TO citizens, and OF no
sort Of except to q large family Of pensioners for
when 1t provides comfortable places. Were the latter
object the only to he accomplished, easy over
taxed public might not CRU nble very much for Il. has
long been accustomed to that sort OF thing But when
an institution about to be established among utterly
" derogation Of existing earter and in 6oaance Of
any organic law which may DO established fo city
government s time TO consider whether it 10 not the
duty Of citizens 60 make summary disposition Of so
dangerous experiment by demanding s Unconditional
rejection.
The ssGriseonan biz as it is called, is made up OF
eleven sections Tho frst section establishes "Metro
politan Board of Heah' to consist Of PERSONS
Tour OF whom at least including the Health OAcer
be physicians while taere is entire SnissiSn OF
mention whether the remaining three are
not to be of the MEDICAL profession -Four of these Off
60 be residents Of New YorS, two from Kp3s
county and. from Richmond county. It will be seen
a at at the very outset tha evidences OF Intent
to hoodwni the Legislature and the people Of the
orated counties IL is to be left to the Governor OF the
sSso say whether the whole board sh not consist Of
phys cians and thssl Constituted among a medical
Ten Of Venice ehe coEtext Of the bill will prove that
this emission tad III meaa.ng, and Shat Interior
sbjects are INTENDED by it whi,h the public
Gail to understand Eu under tle most fhs orable cir
cusnstanceG, the bos<d VII be ruled by phvciciansa
power which liz carefry guarded eanst by tie British
Parliament, which has given the urprofessiorel classes
the governinS voice its sanitary affairs, mating the
professional bs secondary hayng learned by experience
that this proportional distribution OF power best edapts
itself to the public necessities. ahe sare rule prevails in
PHILADELPHIA where beard consists Of twelve nom
bcrs, five OF whom phys.o9ns 1t achieved, Tat
in every board of health in every civilized governmsct
majority the hoard consists oi professional mer
and that association with II Of physicians is
allowed to majority and DIR soo ry oLs mnori
ty and simply advisory power.
treasurer the latter to receive 81 500 year II also
authorizes the appointment Of a suporr;endent "who
shall a practling physciaE, TO wh0u are delegated
almost dctatoria powerspoxers greater tkar tCse pos
b. officer IN the city. State or Enton lie s
to have the general government OF the
health laws OF New York Brookyn Kings and achmend
Counties which he is to rule supreme satary dS
tator aid 10 the office Of he aEo 70 ADD
the oa or secfeary-a combination of duties generally
considered ncongruous aud utterly ut variance with the
rule which makes office check upon the others Y
Is true that there yenien clause TIN, the board
may "otherwse direct hum as TO his perform tnce or
performance of his duties secretary bvs when we
shall have come to examine the ciose cooperative
character of the whole Of this measure, there caa be but
little question that the combined offices Of superintendent
will continue the person. anu that
his in sphere OF office will be made 20 stand cor
rect the which he keeps in another capacity
matter What may pe the measure Of his official de
lnquency
THIS section empowers the Beard receive Eve
for registration OF btne and twenty I've cents for
marriages the present being only two Gems for
each-a small matter perhaps but Interesting as another
indication OF the character Of the Dill The cities OF New
York and Brooklyn TO provide accommodations aud
supplies this Board their requs;on, and of
providing recommendations and supplies such as may
suit them, they may make their oSr provisions for
such purpose and ali The ard thereof shall
become charge against the sail counties respectively,
and shah paid by the authorities thereof Here IL an
unlimited power granted to this commission to MAZE and
levy upon the counties o. New YORK aad Kings FOR
the construction and support Of such eices they
may chors TO consider convenient Que own city Judges
have repeatedly been compelled or additional
COMMUNICATION for the discharge of the public business
and IN cases of such application our supervisors
have felt IL out Of bcir power % give the requisite relief
But the discretion OF defining their wants OF select
ing their own buildings and OF forcing whatever Of
penses they choose TO Incur upon the counties over
which they thus apponted dctators, given 10 this
department without stint or limita.on The
only limitation allowed TO the counties over which
this tax leyyins power y 70 oe exerSssd, -. is
exercise or this summary jurisdiction begins. Whether
such powers can be exercised by any Institution the
creature OF gsative epactments IL question that meets
US the outset 1t liz idle 10 talk a.aiIs those giant
monopoles against which the popular yoice,has been
az In and agau raised II a monopoly with powers
Of unlimited taxation 10 allowed exist among
Tho Legislature will surely before 1t ventures upon
the bold experiment OF delegatng any such powers,
which, they are attempted 70 be exercised,
win ,e met with legal resistance.
In this section which conveys powers hitherto
never granted and which believed Legislature has
the 90 aer TO grant powers given for the appoint
fneot of au unline led number OF sabordnates, with
salaries such the Board may choose to give and Ia any
number they may think ne 70 II would be almost
fair conclusion that the authors OF this dangerous bill
ud have been fully OF the extent OF tue ry
rcspons power which they thus propose To deeg e
But those vho accustomed TO the manner In which
delegated power bestowed upon irresponsible pod ~
Will be hardly prepared for the indulgence OF any sash
charity. The authors and promoters Of the measure
understand The meaning Of every word 81 the OIL aut o
all the powers = conveys y IS nothing more nor less
pfan co QxLe re IL ip-