New-York tribune., 1873-05-22
THE REPORT

THE REPORT.
DEPARTMENT OF Docks, Nos. SAG and S4s BROADWAY,
1 NEw-YORK, April so. lSI3
Hon. WILLIAM r. HAyEMEYER Mayor Of the city Of 6e10
York:
SIR: Pursuant to the provisions of Subdi
vision Of Section c. Of Chapter 54 of the Laws OF s7
the Board OF Commissioners governing the Department
of Docks submits this report of its transactions from LIST
Of May 1874 to the sOth OF April 1878, being its third an
nusl report;
The followlng-named Commissioners compose the
present Board: John +. AgDew, Wilson G. Hunt,
Richard NJ. Henry, ]. Grenvie Kane. William Wood
The sw provides that the report shall contain First
the name occupation and compensation. OF all persons
appointed aud employed by said Board second, state
ment Of the action OF the Board for the past year. eass
fed with reference to the various subjects and duties
which have engaged the attention of the Board third
list OF the orders and rules made by said Board, and
description OF the contracts made by SAID Board the
payments made by said Board, and the purposes and
amounts thereof, and the leases made by said Board
for what term, at what rent. to whom and for what
property.
The following is list Of the and occupation Of
ali persons appointed and employed by the Board, with
respective salaries Here follows the list secretary
superntendents, &c, % in all, annual compensation
$4,000 and engineerinehef assistant engineers. &C.
IL IN ALL annual compensation, 81 34s total, NOO,9iS
Eugene 7. Lynch appointed Secretary TO the
Board. vice j. Grenylle Kane, resigned; May l. 1871
william g. EWmet' IT, Fe1a T1ch SbromStsd
June 80 1872, Charles G.. Weir, Assistant Surveyor re-
signed July I6 1872 John johnson appointed Inspector
OF Dredging request of the Board of Pilot Commis
soners, resigned Feb ~ 1878 sept !, lo5 J2nn nm .
1872; Sept. /, 1872 John W. Brown appointed Assistant
Clerk; Sept. u, 1872, William NJ Whitney appointed
Assistant SUPERINTENDENT of Construction resigned;
Dec 81, 1872, Patrick Larkn. Leveler, resigned; Jan
Kelly, Assistant BoOkkeeper, resigned; March /, 1873,
Henry W. johnson, Superintendent Of Floating Property
Weslervelt, Superintendent Of Repairs and Supplies
In compliance with the provision Of said sec
ton the Board submit the following statement OF the
subjects and duties which have engaged its attention
during the past year
The Board met and organized May 9, 1872, by the
election of John I. Agnew, Presidents William Wood,
Treasurer pro tenn. and the following were appointed
Hunt. Chairman William Wood. ]: Grenville Kane,
Richard NJ Henry; and Of the Auditing Committee,
william Wood, Chairman; J. Grenyille Kane. Richard M.
Henry The President Of the Board is, ex ocio mem
Der Of both committees.
After three years of practical familiarity with all the
wants Of the present active OF the port and
with the feelings and wishes OF leading merchants
controlling our great commercial interests the Depart
ment confirmed in the opinion that the plan which it
has adopted for the Improvement Of the waterfront Is
the only one which will afford this city accommodations
This plan will eventually be carried out and can be made
not selfsusainng, but 10 produce Ige additional
Pier No N r. and the adjoining bulkhpad wall, in
euding the granite boat landing at the Battery mas
connderng the times and manner IL which the fund ex
pended was placed az inc disposal @ Oh 'ne ~
ferred to tie Report Of the EngneernChef hereto an
neKed who has had the supervision 6f the work. The
boat landing referred to Is completed ana IS he Deg
ming the bukhead wall at the southern extremity or
Wesst widened $50 feet under the plans adopted by
mo BOARD III Will be a great convenience 10 the port
The work on new Pier No. \. r. has been diligently
carried during the year. but the uncertainty as TO the
smoupt of money which could be relied upon for the
necessary expenditures prevented the completion OF
during which the construction Of stone bukheads and
piers the plans can he advantageonsy carried
on ia necessarily limited one and 10 prosecute the
work with economy and dispatch II is absolutely essen
tal that the Department should be at All times Imam
cialv in such condition 10 lay out It's work In ad-
vance with the certainty Of having the means TO push
it rapidly forward during the working season
The uncertainty 10 the amount of funds the Depart
t,t yorS trHsied 10 it, alluded 10 i'm the last
annual report has continued TO the present time in
consequence OF which the work OF improving the water
front of The city under the new stem necessarily
nn Dresfiv W rttarded ON NAV i ls72 the Controller
paid the Department OF Docks tOOOO ANA on May IL,
fnrtber payment OF $4,000 was made, both being
on account OF proceeds of the bonds issued conform
y with the request OF the Board under date OF sept 49,
1911 Subsequently, the Department was informed by
the Controller that in future, requtOns him for the
balance in his hands Of the proceeds Of said bonds
amounting to s5OOOO should be countersgned by the
Comuiss0ners OF the Sinking Fund before payment
could be made. In conformity with such notih-
cation. the Department Of Docks issued requi-
sition on the Controller, under date Of June
is, 1872 for the above amount, duly counter,
signed by the Commissioners OF the Sinking Fund, and
the stu day OF July the further sum OF S6OOO was
paid to the Department On OCT. ~ 1872 commnnioa-
ton forwarded TO the Controller requesting MIN 10
pay the balance due on the as requSltion' amounting
TO t5OOoOO with which request he declined 10 aceede
then claiming for the trst time that the law
did not authorize him 20 pay the moneys needed for the
and purposes OF the Department IN bulk but that
said moneys should he dsbursed by him In payment OF
All claims against the Department transmitted TO him,
properly by the Commissioners for ADJUST
The Department realizing the importance OF pushing
on s work with the least possible delay and being salts
fed that the construction OF the law assumed by the
Controller erroneous, deemed 1t It's duty TO make
application TO the Court iOI ma9qamus 10 direct the
70 this Department. The case was heard before Judge
Leonard OF Special Term ana was fully arged on DOth
edes "A decision rendered at the close OF the year.
denying the motion ior mandamus, on the grouad
the Department on the Controller, inasmuch as the
special purposes TO which said moneys were 70 be ap
pled were not specified therein but without prejudice
70 future application on the part OF the department
The decision was further 20 the enset tha the Controller
could not properly pay directly to the creditor on debt
contracted By the Department OK iOeks COPY oil Ihe
full opinion of Judge Leonard Is hereto annexed Ims
sumed by the Department. but as u demed tbe apphee
for mandamus Oh technical ground Lhe Depart
nnnton and 10 prepare papers for an application de
novo." correcting TIE 1nformalty. or 70 appeal
the Court would oyerrule Judge Leonard in the
matter OF the informally. AS the Oon-
trOef declared that II Judge LeODards decision was al
verse 10 him he would appeal and as mat wonid nave
occurred In the second application had " Deen nade anu
under the advice Of counsel, decided 70 appeal to tne
General Term. The Department deemiDg II nnWlse 70
allow Its creditors % suier for want OF money Jus uue
them and not possessing funds In its own treasury ade
qURe 10 them, has since the decision above reIereu
TO- sent under protest s bills 10 the Controller for pay
ment. Since Jan. ], 1875 the bills FOR materials and
pay rolls for salaries, labor, DC ssnt TO the
Controller for payment amount in the aggregate
10 the sum OF sl5O7SO is, which together with the
suDs paid 70 the Department during the months Of May
and July last amount 70 e55030 S. leaving stl In his
Of tile proceeds OF bonds issued in conformity
with request OF Department under date Sept 49,
ISI the or sSas2e9 r. Tue Department. OF Docks,
IN nfornity with the law, 10, 1884, sent
IuuuiCs. 70 the Commissioners Of the sinking Fund
requesting them 70 direct the Controller TO issue dock
d for the sum OF 900 for the and purposes Of
~ Dauartlueut anu sad Commissioners, tne 31sJ Of