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

patent perfecsbty plan; when the rule that power
constantly creeping from the many the few shall
been reversed then, and not until them wiz this pre-
But sad experience ustdes the conclusion that as ety
is organized present IT viii prove failure most
those who may have prohted by lis OPPORTUNITIES 10 en-
rich themselves to accomplish which purpose, without
nifty from punishmen, has seemed " be the leading OBJ
ject OF this most unprecedented measure
have already called attention 10 the section which
gives power to the Board to enact ordinances the
erection OF such buildings they may deem necessary
for their comprehensive purposes Of general guardian
unlimited number .of subordnates with such
they may choose to allow, thereby constituting, we,
have stated, medical institution to supported at
the expense OF the public.
The powers given in section four to annui and make
laws at the pleasure Of this corporation, 10 innict
penalties, collect fines and enforce ordinances,
hual and binding. 1t has the special power to "enact
ordinances" for various obje,ts which may be brought
within its purview with more heed TO the authority
Of the Common Council than If no such body existed
And the powers thus executed without appeal from
scrvient TO them.
Let ask in what part of the civilized world is to
De found body TO whom are deegated such powers as
Every section Of the bill is characterized by this trait Of
paramount authority irresponsible TO the people aud
usurpation OF their rights. u stands forth miracle
OF impudence, usurpation OF power under coler Of
lega! rights not even concealed by the phrsseology
which s usually resorted TO 70 cover up attempts Of
similar character IL indeed similar attempt has thus
far been known TO have been made.
nary expenses and support Of The Board Of Hcah and
Tor the administration OF the Ia relating 10 The public
hecth are TO beWovsded by the authorities OF the coun
lies, upon The estimates prepared and certified by said
Board q Health and these moneys shall DO paid accord
ing TO the certificates OF charges rendered IL s not for
these bills, which, ip every other instance,
it s their right and their duty to do, but they must be
paid. whenever presented on affirmation or oath he
duties and responsibilities devolving upon supervisors
examiners and auditors Of accounts and the discretion
airy pewers invested them n all other counties of
oupda cha nj
once discarded by this sweeping and absorbing monopo
y, which assumes to itself every discretion Of the tax
evyng and tax collecting power all other county autho
rites be1g merely the servants Of its will register it's
edcts and enforce its commands. know that on re.
ceving this information people will rub their eyes, and
wonder they have read Alright; but you that
these powers are given not by any forced interpretation
the mind Of the smallest hesitation the full
power thue aummariy conveyed. Whether such power
can be oonelxed under the sanction Of the constitution
s one queston but that it is gsven--so far as the
force q language can give it-=in the case in ques
ton, there cannot be moments doubt, and il
10 but an net OF justice to the trainers Of
this bill TO say. that whatever powers they desired
70 possess they have expressed plainly and directly
Stunning to themselves withou! any crcumlocution of
phrase extent Of authority sch before
bestowed upon an irresponsible Soy Of mer in any civil
Section six relates to the ssniaav supervision govern
ment and control Of a. buidin1 or hereafter to be
erected, and for the regnlasbg or proh biting the
sale Of poisonous, aioierated upwholesome drugs
explosive fuds, &ce n the exercise OF these duties
they claim the privilege of calling into requIsition the
Of twenty fvesa small standing army which to
pc at the disposal and command Of the Commission
section seven Hoates to treet cieaninRthe only cSn
.oendsble feature iI the bi But here poi
expend money is claimed Indispensable necessity
lie OK pepdure OF money bot in this view Il Is 40 harm
Ices compared with features OF this monstrosy that
we are willing TO pass II over In the huge abomoaton
to be noted though in ohor connection it might be
visited with severe criticism
Section eight names the amoyn OF fines and penalties TO
be imposed OF properly for compliance
with Santary issued by tie Board Commission
The fines thus imposed compel the payment Of
dollars day for each day that hsZse
pied after the receipt OF notice to vacate the premises
and the event refusal or neglect On the part Of the
owner 70 mako such sanitary repairs 1s may be called FOR
by the Commission, then the same scll be done by
der OF the Board the costs thereof with al additional
fine OF fy dollars TO be exC.ed and paid by the delin
quent owner Of the property n this eection there
limit set 70 the time be owed between the serving
Commission in section three, by which the city
hortes allowed ten davs grace TO provide the Board
y allowed twenty four hours in wheS 70 make an appeal
but ~ the time he Is reminded that his Oh
smah, and that the decision OF the Board siss be final
Tho plea OF defective drainage o.ker cause,
shall BY the Commission, be deemed auc ent justifc
ton to commence the work Of Improvement ard reform
while the owner muat prepare himself TO NEE. the ex
neur cd when the bill Tor the IL presented,
whether Il is just or otherwise II sucient tbs the
Super DteDdent ecdes Il to be just and that tko Board
approves OF his decision. This is of the mcct OBJ
jeconable features the bi and s open ex.ogton
and fraud against which tie property owner has 20 e
Section nine relates to public dspensarcs asyums, &C.
and oilers ht,e from existing laws upon the semo 1
subject.
Section ten repeais al previous acts and section eleven
declares that this act sha take eject iurnedstelya
shrewd provision, for if any interval should be allowed
between the date OF the passage Of the act ami its
being carried into legal operation examination OF its
provisions would demand It's Immediate repeal II Ia to
be fastened upon the community at once and being so
fastened, II may well rely upon the immense powers
conferred upon for influence 10 preserve its existence
matter how or oppressive II may prove TO the
community.
There s one vadng trait Of this bill which gives TO
power In no one part of II is mentioned the final dspo
sion OF the fines and penalties TO be paid into the trea
sury Of the department except In the Of nss col
ected for non.fulment Of orders relative to dwelling
houses and this money only be drawn by the trea
warrant couLtersgned by the President. The
for the registration Of births and marriages. which,
unaor the exofbtant charges Of this bill, will amount
to thousands annually, and which must necessarily fall
upon pany who poorly able to pay the expense
TO aDto 's treasury without any mention of their aal
APPROX iation We pass this ny, however, as another
tre for these minor appropriations will be found to be
very small drops in very large bucket of unaccounted
funds
For the reasons have given there ia no exaggera.
tion in pronouncng the proposed measure as one
which the more u - examined the more "
II possible at this session. for this felt 10 be its last
chance II ia 70 be forced through, n possible before
any other relative 10 your municipal
sh have been adopted for the that the fact of
the adoption OF change IN city organic law will
be fatal to It, Now or never IN the word With the ad
vocates OF this pauper medical Seminary monopoly
people and, first and foremost let have the
msslon proposed by Governor Morgan and your citizens
under new charter drawn up by their Immediate
representatives ana adopted by themselves will be able
70 constitute such bolrd health will adipt itself
to their wants and exigences which thay may be pre-
understand quite well the representatives
u the rural districts at Albany.