The New York herald., 1869-04-20
STREET oasTRucTIoNs.

street.-Dbssrurtion and Eacumbrances ln-
prmerabie-where Are the Inspectorss
Twas a good remark OF European traveller In
,b,s country wears ago that we Americans had
multitude OF good laws, but failed to execute them
and hence suffered from nlaadminlstraton OF pubic
Anairs. lie was quite right-tnat the people are
ALWAYS alert 10 any evil which manlfests ITSELF and
insist upon abamg by the adoption OF some excel
lent remedial law. But these laws are but seldom
enforced; the men elected appointed TO enforce
lhem often find it to their own interest TO
be blind to nfractlons, and while The law remains
on the statute book tie evil against which It was in
tended to guard continues, and even increases, aud
the people, finding their efforts unavailing are very
apt to relax.
These remarks are specially applicable to the con-
dition OF the public streets Of city, The courts
have again and again decided that while the rec IN
the land over which street Is laid out rem ans IN the
owner Of the land fronting on It, the USE The easement
Is vested in the public for public purposes and can
not be diverted to private uses This has been recog
nizcd and reiterated as sound law whenever some
private individual or corporatIeu for private ends,
tnirnged on the right OF the public TO the full and
unObstructed use OF all land dedicated for public
streets roads. This easement with the act OF
dedication becomes vested right In the public, and
no act OF the original owner. his representatives,
can in any way invaidate or encroach upon 1t.
The municipal authorities OF the city Of New
York, representing in law the people of the city In
their corporate capacity, have fully recognized the
force and validity of this condition of the law. They
have, authorized by their charter, passed ordi-
nances from time to time in order to insure to the
people the full enjoyment OF the streets free from
all nindrance and obstruction Turnlng to the
volume Of ordinances OF the Mayor, Aldermen and
CommOnalty or the City of New York, revised In
1887 and published in 1866 by the authority OF the
Common Council, with all the amendments thereto
fore adopted or made necessary by the action OF
the Legislature is found that the first section OF
article one OF chapter four, on page ninety defines
the duties OF the Street Department One OF them
is stated to be "the removing encumhrances from
streets, roads, places, wharves. piers and Sips"
Section twentyone of article two OF the same chap
ter describes his duties in this particular still more
concIsely BY saying:-
He the Stree. Commssioner may direct the removal Of
any article or thing whatsoever which encumber OBJ
YORK, under the penalties prescribed by law.
This, though 1t uses the words "may direct"
leaves him no discretionary power to be exercised
or not he wills. Decisions OF the highest courts in
The land are las plenty as huckleberries In season"
determining finally ami forever that IN such cOnnec
ton as that III winch the word may Is used IN the
above section it means SHALL Is m ndatory and
named to do what he is enjoned whenever the occa-
son @ for dons It is properly vnD presented 1asI
ana how the occasion should arise com
pelling him to exercise this power. In
Street Commissioner is ''aulhorlzed and directed to
employ, under his direction, four competent per-
sons at salary OF 81 800 eacn per annunl the duty
OF two OF whom it shall be TO report to the Street
Commissioner any article or thing whatsoever which
may encunber or obsruct street, avenue or place,
ana. with his consent to order the same to be re-
moved, and II not removed within twenty-four hours
thereafter TO order the same 10 be removed to the
yard under the care Of the Deputy superintendent
oil Repairs and supplies or other suitable place"
The other two are TO report IN Similar way all OBJ
structons and encumbrances on wharves piers and
slips. The articles removed may be redeemed by
the owner by the payment OF the expenses OF re-
Mova and a cerialn small penalty, and on the first
days OF February May, August and November In
eacn year all articles 50 removed and not redeemed
shall be sold at auction for the benefit Of the city
treasury
In compliance with this ordinance there are ap-
pointed "our competent ~ persons" as inspectors
OF encumberances drawing to- ether SO 600 IRON the
pcope's treasury, and what Is or has been hereto
fore the result of tneir labors or the benefit to the
peoplef Has ever anybody heard that these four
'conpetent" inspectors ever made determined
EFFORT with resouleness and perseverance, do their
duty, report distractions ana order Their removal
There were some isolated cases here and there,
probably TO show at the end OF the month that they
have not been Idle the whole time. 1t may be that
the late raid against some nag posts on broadway
instinct Sa Where e services sre mostly
needed they are not had, and the inspectors
OF encumbrances Is not found, or n found blind:
if he sees and feels impelled to make q report the
compacency OF some other Official IN the Street De-
partment nay be such as TO save him the necessity
10 act and remove the obstruction by forgetting to
hand over the consent OF the street Commls-
sioner-a mere technical formality imposed upon
him by the ordinance ana which he cannot avoid.
Chapter ~. page 2i2, OF the same volume OF ordi-
Dances, provides that mo person shall cucumber
obstruct any street, wharf-pler in the city OF New
York with any article tnIng whatsoever without
first having obtained writtea permission from the
Mayor or street Commissioner" And BY a subse.
Quent ordinance, approved February "a, 1866 all
power to grant permits Tor showcases, stands
otner merchandise, article or thing whatso.
soever, encumbering the streets or sid ewalks,
Is vested in tue Mayor alone but the application for
he N
and Councilman OF the district and with consent
OF the person occupying the premises in front OF
approved and consented TO the Mayor IL at liberty
to reject application.
dnances furnishes US with the city law Ia regard to
buildings as fOll0ws-
SECTION H. The owner builder of any or other
city Of New York shalt cause ali The sbs.h Of e1ery Kind oc
he ssd
may q % dug % % Be Ss or f 81 s q r.s
before sunset on each day. under the penalty Of five dollars
sIo "a 10 person shall ST. Or lime, ashes, dirt
city Of New YORK. or ss employ e any y pen II as ns
SO 70 DO under the penalty Of i've dollars for
These penaues are to be recovered by civil action,
IN the name OF the Mayor, Aldermen and Common
ATTY OF the CITY oi New York. to be instituted by the
Attorney or the Corporation.
On the seventh avenue, lust above Twenty.third
Seen M tw0 se for a1S s.
that he is done with that west OF the railroad track
he begins with spades and hoes 10 the east OF it,
piIng up paving stones and rock, without removing
the rubbish, consisting OF sand dirt panks and
Joists, huge boulders ana rocks, from the west half
Of the avenue that this part Is In far obsructed
that II two should meet In the gap there would
not be room enough for wheelbarrow to pass them
on either side.
On West Forty ninth street, between Sixth and
Seventh avenues, buildings are erected on bJth
SIDES. aud even pedestrians have 70 walk with DIM
Guilty over hills and through the dalcs OF sand and
mortar, and onthe ickety and trcacherous pianks
from which the least msstep would send one either
into boiling lime or into watefy cellar
Fftioth street, from Fifth to Mad son avenue Is
literally impossible for any vehicle and even dan.
gerous thorougnfare for man, And 80 are nearly
ai the streets east OF Fifth avenue, towards exinq
ton and Third avenues and north OF Forty ninth
street. whole page or the HERALD could be filed
with the recital IN detail OF all these obstrucions
And yet the Iour 'competcnu Inspectors OF Encuin.
branccs OF the street Commissioners Department,