The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-30
STREET CLEANING.
Ane Present Contract Declared Invalid by Mayor
Hall and Judge Bosworth- Brown
Beaten-The Police Board to Take
Control Of the Street Cleaning
Alter the 4th Of June.

Inc iohowlng opinion on the validity and legal
standing OF the present street cleaning contract
was delivered to the Board OF Police Yesterday
afternoon by Mayor Hall and Judge Bosworth:-
the ahe to whom S + was referred
EXISTING s'ashnns ana y
sna ne ay psS 70 sm
Ing opinon expressing the conclusion which they have
Whether The contract for cleaning dated june o
@ @ Or Of sGS 7 IL "a
ss I aeannS bs eSes s
therein designated v ~" y '''' o''c''S
ns act L entitled p act to enable the Board
tax for the Of the Corporation Of the city New York
and and In reaon to the expenditure thereof" daws Of
part act authorizing that contractb be uncon
that in the ,. which declares thai
that shall e1presssa IN the title art seq iS ~"
@ a. %.; ssssfa
s
may to said bureau esnns the streets and in
sR' saS
The Mayor, Aldermen and commonalty, by virtue of
ordinance that 1.-THE superintendent Of Sanitary Inspect
streets" A. Gaws G. Co, OfNsS. by Holman rl
COZ. @ Il be valid then amended the charter q
the Mayor Aldermen and oommenalty Of the power
Ss cleaned under the supervision ana direction Of
That this act is local Is free from doubt under the dec
ons Of the late and present Court Of Appeals relates
s; hsw yss and only nss no
y saS e sS s any Of G ss
1on 81 sHsh SeSS e %nethsF great or small Che People
ne 8" Of fsss ases s'd a
said 70 scons s st :% a sas
subject does the title of chapter GAG of the Laws of
@ is as OBJECT anu purpose OF that
The to this nesGn must Be- reached by
Sq Enc Of Court IN Huber
aieia 1ss M aAs es S the
s rs S s of the city
Ss sfs oa g c wnh has Ss
tax or As of the s
nspsakins os sash acts, the Court in Huber VS. The
their and object clearly mat they
Sp e o o in as na no ns
intent e change the alter character the
y e N any s or f. s the
intent ana iz the Of $50
would do Violence to language to hold that an act to
s S1 s city s @ act e
ors aha Jaw law In many any respect ssIt,. 49,, :,
government
existence for the support OF which provision Is to be
made the governmental as exists. is TO
be provided for BY supplying it with the proper means
an iifs
change the organic law Of tho city government In any
respect then any provision in It which by Its would
have that effect conflicts with the constitution, is
void. -
The validity of any particular provision depend
upon the extent degree that the organic law may
affected by it. In every respect In which 1t purports
change IL the law is unconstitutional Chapter CAS- Of the
laws Of 1868 changed the then organic law Of VALID In
respect to matter Of great public importance involving
largely not only matters affecting the individual comfort
and convenience, but the health OF every residing
permanently within the city.
by the terms Of that act authority was given to
not less than Ave for cleaning the streets the
removal of ashes and garbage and of the
authority thus conferred the Mayor, Aldermen and Com
monalty Invested of authority and the organic law
changed without there being anything in the title of
the act to indicate any such purpose and object.
An act which, by Its title aud in terms should provide
for the support for the current OF local
then existing, and also for mobilization of its corporate
powers would embrace two subjects relating to the
locality Providing for one years support OF local
crnment as exists and for change In the organization
OF that government are distinct and different subjects
The reasons on which the judgments rendered In
various cases cited In the opinions In those actions lead
to the conclusion that the contract June
1865 void In its inception and should be terminated
the 4h Of June, 1872 by declaration OF this Board
that It was unauthorized and void. j. s. BOSWORTH,
NEW YORK. May 90 1872. A. Oakley HALL.