The New York herald., 1871-09-06
TIE FULTON FERRY FUSS.
Will the New Ferry House Remain Intacti-
Int resting Opinion Of the Corpora
ton Counsel of Brooklyn.

short time since Street Commissioner Furey, Of
Brooklyn, notified the Union Ferry COMPANY that
they were encroachina on the public street with
their ferry house. at the foot OF Fulton street,
and caused inquiry to be made OF the company by
what authority they claimed right 10 make this
encrOachment. The ferry company failed to answer
the Street Commissioner; but Cyrus p. Smith, tho
managing director. went so far as to charge that
the whole thing was black mailing Job. aud TO say
that the company would see the Street Department
In purgatory before they would pay out a cent.
The Street Commissioner subsequently wrote TO
Corporation Counsel De witt for advice as TO what
course should be pursued. Mr.. De witt yesterday
replied TO Mr.. Furey with lengthy opinion advis-
Ing him to enforce the law and the 0bstruc-
uons.
Mr. De Witt said -
AN OUTRAGE ON THE CITY.
NO outrage upon the right and dignity OF the city
could be more nagrant than the one you narrate.
The streets upon winch this new encroachment Is
made are among the Oldest we possess Indeed It Is
fair TO say. from the decision OF tho
Court OF Appeals In Duman vs. Williams,
81 New York, that Fulton street has fallen
10 the city by succession from the old
Dutch government, which owned 1t in fee during
the earliest settlement. Such possession, unlike
the citys rights In most OF the Streets one OF own
ership OF the lana In fee simple absolute. But
whether the tenure Is thus full or OF more limited
character 1t Is In the minds Of all that both Water
and Fulton streets at the point in question have
been In the possession and control Of the city SINCE
1885. over them the city has exercised Its authority
placed Its police force and enforced Its authority
these many years. In the year 1888 Water street
was opened by the CITY, ana shortly after by the city
1t was graded and paved. Fulton street has been
Ferry company came into existence No one knew
better than this corporation tna the right OF the
city to those streets stood beyond It's challenge.
THE FERRY COMPANY ADMITTING THAT THEY ARE
TRESPASsER5.
This department commands the evidence to show
tnat the OncerS OF the ferry company admitted that
they were trespassers In making this extension and
the fact that such men should indulge the nimsy
prcteXt that they were Iustined In violation OF muni
cipal right because they had received the permis-
sion OF a single Aldcrman-tne assumption OF whose
power tney well knew To be ridicuious-shows how
fully conscious they were OF their own guilt bu5
how fully superior ney also felt to the lawfully con-
stituted authorities. have said these men knew
tney were engaged IN trespass. They knew
more; they Knew If the possession OF this extra
portion Of the street was essential to a more
liberal operation OF their ferry or the pubic accom-.
mediation that they could and should submit the
matter to the city government, and that the city
government might adjust It, That, with so fair
course before them, THIS wealthy corporation should
then studiously insult and defy the municipal an.
thortles Is, repeat, as Migrant an outrage upon
power Of redress are both happily, plain and ample.
They rest as will be seen, III your hands; the Legs-
laure, by our cnarter has not only invested city
government with the right OF opening, grading,
paving and regulating streets, but It expressly
authorizes the Common Council to make ruley and
regulations to
PREVENT AND REMOVE DISTRACTIONS
and encroachments in and upon all wharves.
1862, section 49, In Its creation OF your ONCE the
Legislature imposed upon you the ',iu'y Of per-
Council In relation to widening regulating, grad
ing and paving streets and avenues, with such
other duties as may from time to time be presented
for your consideration by the Common Council nog
inconsistent with your office" The Common Coun.
Gill; IN the face OF tins plainly vested power aer CIV.
ing to the Street Commissioner general supervision
over all the streets, avenues, squares, wharves and
p crs ana public places OF the city, made to your
department the following express assignment OF
duty:-"He shall have power To remove cause to
be removed any distractions or encumbrances from
all the streets, lanes alleys roads, wards ana public
places IN the city. He shah report any person abus-
ing any such restriction to The attorney Tor prOsecu.
ton, and the expense OF such removal shall be paid
out OF the penalties III the Treasury, and the imam
clal olcias OF the city are autnorizeu to pay tha
same, and draw warrants therefor" (5ec;ion 7,
Laws and Ordnance page 269) Here, you Will per.
"ai,a Is an EXPRESS provision tnat
aud the expense attendant thereon eurI,vy Ius
men, implements, NC, shall be liquidated without
the Intervention Of the Common Council, the per-
son causing the obstruction being liable Tor the
same A municipal government Is not compelled
to seek the Intervention Of the courts o enforce IT'S
processes 1t abandons It's just rights ana dignity
ir 1t fails to enforce them ITSELF In common law a
State could not sue or be sued, It being assumed
that 1t hath the strength to execute its own power
and equity to meet ali It's obligations. WnIle this
doctrine has been somewhat altered under our
system OF government, II nevertheless remains
true with us, and, as 10 political power the State
must execute for ITSELF The State and the city
stand alike Ia this particular. Both under our sys.
TEN may sue In our courts TO collect debt or en-.
force eJectmen where either Is an owner In fee.
But that the state Should have to sue to carry OFT
any OF its political powers, such as repellng in
vasOn, or that The city must invoke the aid OF the
courts IN managing Its governmental jurisdiction
over ITS streets, are In my judgment propositions
which neither government can entertain without
surrendering Its dignity. Through the Legislature
and the Common Council your department has be-
the repository OF the power to clear the streets
of the city from any and all obstrucuons. In execut-
Ia. tr,,ot haua ria 4 ..t TO
CALL TO YOUR ASSISTANCE THE ENTIRE I0RCE or
POLICE.
If any trespasser may set 1t at defiance. The just
power and dignity OF the government are gone, If,
poratlon occupying public highway, you re
driven to pursue only the datOry remedy OF suit
e ey ean ake M
known and felt. Nor are we required to make
minute and laborous Investigation INTO the city's
ment Of your cry has tor years beer IN full posses
sion Of an open. graded and paved street, which
upon which inringements are being. made,
Is IN my judgment sufficient If tn.s
origin; n there is some long standing difficulty IN
the public title 1t Is for the party making the en-
ton OF the couris strange II policeman In making
an arrest Is 10 be hed seriously accountable for tho
or the constitutlOnalty OF tho act calling his force
into being. II Is enough for you to know tnat hero
has been a deliberate encroachnent upon land,
paved, controlled ana ackno "ledged as a pubic
street through q long series OF years, ana an en-
croachment made with confession OF trcspass,
ana, above all, an encroachment accompanied by
defiance Of the city's power and an insult to the
city's dignity.
THE DUTY OF STREET COMMISSIONER FUREY.
To my mind your duty ls plain. Give the COM
pany short notice TO Withdraw the obstruction. IL
they neglect or fail to obtain the approval OF Tie city
government, proceed 10 the spot, taking with YOU
all the force necessary Tor the enterprise, anJ,
matter whether the obstruction be the finished edi-
nee OF wealthy corporation or q fanny, In tho
steady language OF the law remove the obstruction.
In such emergency governments, TO be respecta-
Bile, must use 0rce Respectfully yours,