The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-18


ling them to use force, then revolution is In
evitable. This Is what Mr.. Brights fresh
agitation means. There is no compromise pos
sible in the programme which he lays down.
stross PAveaons Jebs-A Check fer sAs
Oenmen Council.
The Common Council have recently passed
orlinsacea o. rsseluaioas for paving With ehs
Nioholsea woOdpa pavement Nassau street. trsu
Spruce to Wall street; Pearl, from Ku1soa t.
Wall strees; BfosA, nom Wan to acuiA street
and +Nssesr, fasmCAaal 10 Eighth strsek These
jaSs hAsssAn been signsd BY Mayors Heansn.
and il bec6mss the dsty. of the Cro&oA, Aqus-
duct. DepartAsnt-to .eater into ooutcacts witt
the owners Of the Nicholson pavement pstent
for the work. Unless some steps should b.
taken to prevent the final contamination o.
these jobs, therefore, the property owners o.
the streets we have named, and the general tax
payers Of the city, will be called upon 10 pay .
large amount Of money for an inferior psve
mont, whom they could get better pavemsas
at about two-thirds Of the cost. The Mayer
pretends 10 have signed these ordinances
because two-thirds Of the property owners
along the streets to be- thus paved have not 70
monstrated against them He should require
the assent Of two-thirds. Of the property owners
before approving any such action Of the Com
mon Council.
But there IL one hope left for the taxpayen
and property owners. The Croton Aqueducs
Department is, fortunately, in the hands Of hon
est men. The Commissioners know very wsll
that the Nicholson pavement Is neither desirable
nor economical, and that 1t is adopted BY ths
Corporation as sjob. It 10 the province Of The
Commissioners to make the contracts for ths
work. Before they sign single contract Asy
should obtain the opinion Of Corporaeoa
Counsel O'Gorman as to whether the ordi-
nances or resolutions ordering such work osa
be passed without . three-fourths' vote Of al
the members elected to. each Board Of tho
Common Council, in conformity with the fol-
lowing section Of the City Tax Levy for 1867 I:
sscncs 8. me forms Of easss q the psrsoss -.
New York are hereby extended TO the 1st noad.y g
January 1869; and hereafter the torn Of Councimsh
amer il shall nos BE- lawful Tor Common Council %
the city Of New York. for either Board thereof "
Or ~. o. I city
any purpose whasever or 10 create any obligations bad
sn0 :. .ad Corporation except By vote q
property Of said Corporation be ransferroa or leased
except BY . liks vote.
The contract for the work is, in fact, an oblf-
cation created and binding upon the Corpora
ton. The bonds Of the city are issued to raise
tie money to pay the contractors, and the city
Is bound TO pay those bonds. and in case Of
any informality or flaw in the assessment, ID
beholden for the whole amount thereof In
deed, the city generally has to pay one-half Of
the assessment; for the plan Of the Common
Council is, first 70 pass On ordinance assessing
the whole cost Of these improvements on tho
property in order to get the contract made BY
the Croton Aqueduct Department and IS soon
as X is secured then, with the consent Of Tho
Mayor, to reconsider the ordinance, relieve tho
property owners Of one-half of the assess
nent, and assess that half upon the city at
large. Under these circumstances the con-
tracts made for the paving Of the streets
clearly "create an obligation binding on tho
Corporation and as such can only be
authorized by three-fcurths vote Of all the
members elected to each Board Of the Com
mon Council. We call upon the Croton Aque-
duct Department to refuse to sign any OF tho
contracts for the Nicholson pavement job until
they have obtained the opinion Of Corporation
Counsel O'Gorman snd are fully satisfied ON
this important point