The New York herald., 1869-06-08

Council OF the city for making or enforcing ordi-
| nances seem TO be the ingenious superintendent
| OF Police, who has been allowed at least until
lately to usurp the functions OF the Board IN issuing
| at his discretion all manner Of orders Those, when
accepted and obeyed by the patroimen, become more
effective than ordinances. 1t Is perhaps fortunate
under such circumstances OF power and its exercise
that the city possesses superintendent whose tact
calmness, courtesy, prudence, amiabiity and devo-
tlon to the rights OF persons and property, and all
| the principles OF magma charta, have been by his
actions, made widely apparent throughout the land
| CRoToN AQUEDUCr DEPARTMENT..
aSarts potS,u W @ @ O,o.Vn G W,t % =,
supply information with which 1t ought 10 have fur
nshed US, and to give that department some scien-
thc information, the Magyar requested from Charles
| ii. Haswel formerly chief engineer OF the United
| states Navy, and the author OF celebrated
work on englneerng) a communication about affairs
embraced under the Croton Department, which
seems so important and valuable that 1t Is herewith
submitted. Schedule E.l
| ECONOMICAL CHANGES NECESSARY.
Tne citizens OF New York have very generally en-
tertained an opinion that the affairs OF the Croton
omcal, efficient, scientific and serviceable manner.
The result OF the Mayors observations thus far has
communication after the litigation has beel deter
mined, he Will present for discussion. IL may be
enough to instance, IN addition TO the matters re-
ferred TO by Mr.. Haswe that not long since scores
OF house blocks in the city for foryegh hours
! shut or from water supply thus exposing the city
to losses by nre which In magnitude might have eX-
ceeded the whole first cost OF the Croton Aqueduct.
And this happened twenty eight years after the
water was introduced.
THE OFFICERS AN IRRESPONSIBLE CORPORATION.
AT tins time the acting members OF the Croton
Aqueduct Board are not in any practical respect,
city officers. They constitute such peculiar kind
OF irresponsible corporation by themselves that the
city ought not In any wse to be accredited or de-
blted with their acts.
LEGISLATIVE OBSERVATION-DISCLOSURES OF THE COR
P0RATIoN.
lt Is now seven years since the Mayor and Com
mon Council have been allowed a voice in selecting
the heads or this, one OF the theoretical departments
G e as 5 The leg history
mas presented continuous chronlcing by Its officers
OF their efforts 10 continue themselves IN office by
appeals for Legislative aid The president OF the
Board was so notoriously incompetent for the duties
OF his important trust far back 1868, that his
friends were compelled TO resort to Legislative
authorities OF the pleasure OF giving the
Groton Gro m, Board SOBER, intelligent and eXecu-
tended term Of Office ended. Mayor Hoffman and
your predecessors filled up the new term by the ap
however, resisted the claims OF the new incumbent
and claimed that the Mayor and Common Council
had lost the power to appoint President OF the Gro
ton Board because act OF the Legislature, which
was smugged through In his interest. had provided
@ tnat vacancies In the Croton department should be
nled oy the remaining members. The resisting
President did not however, claim that he had been
appointed under that act and for the very obviously
!egai reason that the expiration OF term was not
an occurrence covered by the intention the letter
OF the act respecting vacancies. In the spring of
1867 more legislative legerdemain extended the
terms of such OF the Croton Board were .then In
otice." If that act was constitutional, and embraced
any officer 1t embraced the gentleman who had
been appointed by the Mayor and Common Council,
but who, although not physically IN an Official chair,
behind an official desk, was legally IN office (as en-
titled TO lt), providing that by using the phrase,
vacancies In office shall be filled by The remaining
Commissioners, the appointing power had not been
taken away from the local authorlte5.
Is THE PRESIDENT LEGALLY IN oFFICEP
shortly afterward the engineer resigned. and the
dent, whose tenure at least doubtful, joining
the second Commissioner In selecting O new en-
gneer If the President was not then and Is not
now legally In oice, OF course that selection of the
engineer by the other tone) Commissioner was ile-
gal The supreme Court has decided that The present
PRESIDENT is not In otice He appealed to the Court
OF Appeals with a stay OF proceedings. The latter
court Is expected TO decide the question during the
current month. AS the Mayor belongs to a class of
lawyers who mold such fealty TO the bench that they
never cohesive IL possible for American court TO
render partisan decision he reposes the utmost
trust IN the logic OF the expected judgment.
THE IMPORTANCE OF COOPERATION.
Just at THIS period OF metropolitan growth it is i'm
cord with the other local authorities and should
play executive vigor and ability adequate to what
citizens expect from board entrusted with great
power OF Improvement and ornament. But even II
the claims Of the present incumbents be legally tena-
ole there Is actually no mode OF removing them from
o1lce, not even for cause. An attempt was initiated
by the city authorities, at the last OF the
Legislature TO pass In this behaf. another act; but
the measure was adroty made IN the interest ofthe
present ncumbenls, 10 assume a partisan aspect,
and Of course 1t was killed.
One great obstaciek khitherto to city improvement
was an assessment section requiring the whole
pense OF an Improvement TO be LEVIED upon the prop
erty owners. This was confessedly unjust to them
In large number OF proposed improvements. The
latter benefited the city as q whole. Attempts were
made TO distribute the assessment by comprising
large areas under the word benefited" This was
also unjust But recent law provides that In
where The Commissioners agree tnat the proposed |
Improvement benefits the city, half the expense |
shall De borne by general tax and by the issue
upon the future increase OF the metropolis.
That act also changes the plan Of assessment |
from the taxable to the marketable value Of proper
ty far regards the other half OF the expense
borne by property holders But the principle should
extent the tax levy has allowed payements TO be |
thus paid for.
As 10 sewage, an ILLUSTRATION will explain. The |
Legislature In 1865, authorized the Croton Aqueduct
Board to frame and carry into effect plan Of
age for the whole City. Practically that cannot be
done, payment Is to be made by local assessments
Property will not bear the expense. The SIZE OF |
sewers In different streets must be Determined not
by the necessity OF such Streets but by the relation
Of each sewer to the plan Of which II Is part. The
pecunary relation OF each sewer 10 property drained
OF such sewer and cannot possibly be ascertained
tai the whole sJstem Is completed and, OF course,
cannot be equitaby apportioned by assessors under
now THE EXPENSES SHOULD BE DEFRAYED.
II the whole Ia paid by taxation the expense Is de-
frayed by property In proportion 10 It's value and
this right. Neither Is II Just to charge upon prop
erty to-day the whole expense OF an Improvement |
winch will benefit the city for many years. II pro-
jected work will last fifty years the expense should
oe spread over that period This cannot be done by
assessment; IL may by general taxation In connec-
ton with which city Improvement bonds NAV be |
Issued as necessity requires maturing at dinerent
tunes during the estimated duration OF the works
for the construction OF which they issued. Be
sides, under the late system coteres OF
selfish property owners from small section OF the
city could always yexstously delay, even II they
could not deieat valuable ana necessary improve
ments demanded by the great body OF citizens. |
Next winter We must make another fight Tor addl-
tOnal laws, securing the equities Just referred to-
DEPARTMENT OF PUBLIC CHARITIES AND CORRECTION. |
The Mayor cOmnendS TO your attention the nte-
resting report OF the Department OF Public Charities
and Correction and hopes tnat you will In every
spect continue % aid the enterprisng economical
aud useful labOrs OF It's commissioners. since the
report was presented legislation has invested them
with authority TO build foundng hospital; to es.
taOsh free intelligence oice for the stranger the
oppressed the needy and the Outcast: TO institute
nautical school, with provision for a ship, on which
navigation can be practically taught TO the children
Of the poor, ana 20 establish the nucleus OF down
town hospital rendered necessary by the removal OF
tue New York Hospital.
NEW CITY PRISON.
The Commissioners should be authorized TO build
new city prison. IL II absolutely necessary IN the
name of Christian civilization, that one should be
no DrQ buf 10