The New York herald., 1870-01-04
Organization of the New Common
Council.
Annual Message Of Mayor Kalbfleisch-An III
debtcdness Of Upwards Of $27,O00,0O0-
The Evils Of Commissions.
xhe Winter 1unacy Case Before tho
Supreme Court.

very large attendance OF interested citizens In the
Auditorium OF the chambers The reading OF the
minutes OF the previous meeting was dispensed with,
and the Mayor arose and read hts annual message,
which was acccpted ana the usual number OF copies
ordered to be printed. fhc following is tho
Message of Mayor Kuiblcisei,.
To THE HoSoRAnLE THE BOARD or Ai.DEaMEN:---
GENTLRMES--ln obedience to the requirements OF
the charter | lave annually TO lay before you
statement uI The condition of our nunIcn al affairs
This duty now fulfil under deeper sense OF IL, re-
sponsibhty than on any previous similar occasion;
for, AZ you VIII see from The facts and igurcs am
about 10 lay before yOu our city stands now crlti
cal circumstances. Tne errors vi long period OF
mlscnievoas legislation have cunlnated III burden
oil taxation and GeDt perfectly Appalling. Bu, for
tunateIy the ev has worked out az LAST the oppor-
tunity Of Its own cure. We have now at the state
Doth houses tie majority OF whoin stand pledged 10
restore 90 the people of this ana every clay Ia the
state that local sef-eovernment the deprivation oI
which, as l shall snow, has entai.eu upon iruoK-
lyH sacA an oppressive load OF debt.
LOCAL IMPROVEMENTS.
But before proceeding To ulscuss financial matters
may be permitted TO advert 10 tue uninterrupted
material growth ana progress OF our city and Its
public woIns. IL Is pratlfylrg fact that npJwitn-
steadily and rapidly 10 increase in population and
prosperity. The hdmber OF buildings Of various de-
Scriptlons erected anu in OF erection during
the past year Ia ,9s4 schedule oi which has Deeu
kindly furnished me by tue Inspector OF Police and
by the street Inspector 1 find that e,eyea niles oi
streets have been graded and pa ed seventeen miles
addltion to wuich over i25oo0 feet OF sdewalk
have been tagged. Ihis, with the extension
basin and ' The ,mnroyenent % ., ,,owonn. ane
Canal, viii add materially to our comfort and com.
mercial facilities while the improvements made 10
our parks, avenues and bouievards viii also do
much to enhance the ATTRACTIONS OF Brooklyn as
place OF residence. During the past summer, TOO,
considerable number OF older streeC5 have
repayed, 80 as TO AFFORD much more convenient and
pleasant traasit lor vehicles than, owing TO the
dilap dated condition of the original coOblestone
OF the last summer also demonstrated 10 us Dy
trasI, the especial advantage our city possesses i'll
the abundance AS well AS the purity, or Its water
supply. While other large cities NOT only fniladel
pnia-were seriously inconvenienced by scarcity OF
ever from proongei drouth. Our water and sewer
age facilities being steadily and rapidly extended
through the various portions 0i the city Is yet
proyiued with rnose pece5slles OF city nIe.
y MAGNITUDE OF CiTY DEBr.
But White IL Is pleasant TO review the evidences of
Our eiis - material fmprovement ana Ornament sc
uounu 10 ask whether the terms whicl we
have beea obtaining tncm are at oil reasonable and
within our means OF payment. When Inform you
that within the rasv year In addition 10 SIX millions
collected in taxes meet current obligations due
from the public treasury, We have also added
ST. 900, ,0oo more the outstanding Indebtedness OF
CITY, Or ia other words, 10 make the suoect
easily understood, that additon1, bonds 10 the ex
tent " So, 600 nave been issued during the wear
1859, and but 100000 PAID durng the same year.
you WI. fully share the solictnde feel upon the
SUBJECT of oar financial position.
The various purposes Tor which bonds were issued
are as iOilow5--
Assessment u0ndS Tor paving grading. SSH ,59
Assessment BONDS Tor contracts maze 10y
Water and sewerage commission. ....... $4,000
Fourth Avenue Commission. ............... 100
GOWanus CaAtti COMMISSION. $4,000
Pro pect Park Commission. ............. 2,46J,t09
Water Loan 500 0Je
Sewerage Commission. INSTRUMENTATION. oZl 0go
Bedford Avenue Commission. .......... 2ls 900
WallaDout linproyenient Commission. l5s 600
Kent Avenue Basin Commission. ......... 125,e00
Nanoefpht avenue CoinnIssi1n. ........... laS,J0b
Bridge ten per cent suDscilpi ION. 500
Total ....................s So 5oa, $50
The wnole amoant o5 bonus now ou5siaad-
Ing and not provided for in the SINKING
- Fund 49, ........... s23, 2si, ooo
standing is ~, coo, OF winch l5-loChs
Is chargeaole apoa The city. ana ma
blIity Of .s973,3s5
AZ The present Indebtedness or the city.
In addition 10 TINS further Issue OF bonds ha,
been authorized, amounting to 81 700 o0v on account
ol our subscription to the bridge.
ASSESSMENT BONDS.
large amount OF this Indebtedness Is provided
Tor by law out 0i assessments be laIi for local I'M
prosements ! confess, however, that fear for the
future, unless stop Is at once put TO the issue OF
Donds for any and all local improvements nay for
almost any purpose Il was supposed BY The aiivo-
Gates OF the passage OF the law authorizing tile Issue
OF local Improvement bonds that the loaning OF Tue
credit OF the City, by the issue OF bonds, would ma
terlaly facilitate the making OF street improvements
by providing more ready means Of paying the col-
Tractor, and aIiordng time for payment to parties
Tor whose benefit the improvements were maze
ana without any risk incurred thereby on tae part
0i the city. regreL however, TO have 10 state that
am appTehensve that In many instances, the city
HI large Will be Saddled with The cost OF these local
improvements. The slightest lrreguaritY ID she
proceedings might vtate an assessment and the
CITY having assumed the payment without any reser
walton. III u by no means rare instance to find
PROPERTY owners, who have been thus directly bone
nJed by the assumption on the part OF the city uf
their liabilities, and who ought TO be ready and
wiiu1g to at once reimburse the treasury for the
money thus advanced, awaiting themselves OF the
merest technical informally 10 shirx payment.
there are likewise many Instances where WORK
has been done and bonds issued 10 raise money 10
pay contractors, ana the bonds have become due
and paid py The city before even assessment has
been had. to say nothing OF lts collection. When
the amount OF bonds Issued for local improve
nents was small and close supervision over the
subject easily haa, and 10 great loss to the city
coulo arise, their issue might have been tolerated.
Bus now that the amount OF bonds loaned
Dy the city for such purposes exceeds III one gear
(ls69) the whole amount issued during the eight
years preceding, IT cannot bnt AWAKEN uneasiness
and 0m Trec 70 say that IN my opinion nothing bu.
an unconditional repeal OF all laws authorizing the
issue OF assesstnent bonds Will prove remedy. In
the case OF bonds issued BY the city to defray the
cost OF reEaving streets, which had already been
paved IN former years Ut the expense OF the property
owners legal opiuons dilfer the constitutional
lty OF the provision OF law under which alone the
city can claim to recover the amount /, mas ad-
vanced, by assessment upon the property benefited
understand 1t has been held IL neig ignborn1 state
upon genera! principles OF law rather than upon ex-
press constitutional interpretation, thai the Le0Isla-
ture cannot compel the property owner to provide u
second pavement lor Tue street fronting his lot he
uAsiuE oHIc iuiu uoWu pdVcIHeHt accepted al0
used Dy the city. Should this Interpretation
prevail In our court OF last resort, Lie city
would, three years hence, have to provide BY
tax tor paying the whole OF the large amount OF
bonds tins year issued Tor repayng or streets The
extent to winch the city has thus become liable may
he gathered IRON the fact tnai during the past year
$564 bdt II has been paid to tue NicolsOn Pavement
Company alone, TO say nothing OF other liabilities
incurred and pas nlents made for Belgian, improved
Belgian, Scrhnslaw and Otner pavements, without
the collection OF ole single dollar towards repay
mentS.
THE MODE OF ISSUE.
The construction put upon the law authorizing
lssue ANA disposal OF assessment bonos by Tue Comp
troler must. fear ultimately lead 10 diiiculty. the
law vi 1851 restricts the sale OF oonds to rate
ess Ina par, ana yet the bonds have been often DIS
posed OF at o lower rate. The bonds issued to pay
contracts nude by the Water and Sewerage Com
.niss.oners Tor regarding and repavng streets are
under The law authorizing their Issue limited
To an interest bearing bond OF not more than seven
per cent Iney arc sold below tneir par yane, thu5
making them indirectly more than seven per cent
bonsi The deficiency arising thercfrom must be
ultimately nate up pS the city at large or tne haz-
ard bc run oil having assessments get asde for what
deem clear violation OF the intention OF The law.