The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-11
A MUNICIPAL PICKLE.
The Differences Between The C0mptgGler AMI
the Department Of Docks.
Decision Which L. No Decision The Treasury
of the Docks Completely Empty Nearly All
the Workmen Of the Department Dis
charged and the Legislature Alone
Powerful to Decide the Issue.

II seems that, after all, very little can he ssd in
favor OF the Frear Charter about whcn 40 much
jubatiOn was gone into at the time OF ts passage.
nearly three years ago Under its mystic language
the Department OF Docks IL IN such pickle that il
seems improbable any amount OF law about
it can do any good.
recent article In the HERALD showed pretty
thoroughly how hampered the Department OF
Docks had been in its operations for the past year
or so, indeed ever since Mr.. Green came into
power
1t was thus at last THAT, driven to desperation,
the Commissioners OF Docks resolved TO seek a
mandamus compelling the Comptroller to pay
them the sum which the law directed they should
have when necessary. But In law there are always
two sides to a question, and
rEGuNlCALrrIEs OPrEN OvEEsiDn
honest right Judge Leonard, in giving his decs-
sion on the application for mandamus. began Ivy
saying that though there was no question tina. tho
| makers OF the law meant that the commissioners
OF Docks. who were invested with very extensive
powers should receive their money in bulk, Alan
they had failed to be sufficiently explicit on the
subject, much that the Comptroller
justified In demanding to see the items OF the dis
burscments, instead OF paying the money over in
bulk. Undoubtedly the Commissioners had tho
right. the Judge said, of getting money their
requistion, and by having the signatures Of the
Commissioners or the Sinking Fund attached 10
the requisitiOn. Nor was it necessary TO get the
signatures attached to each particular item,
but to general bill Judge Leonard then went on to
say that, had the Commissioners, in making their
application for mandamus, given at the Same
time bill of particulars the action might stand
but that in simply demanding sum IN bulk with
out specifying for what purpose, tho COMMISSIONS
ers were not really before the Court
This decision, while virtually supporting tlae
ground which the commissioners had taken prac-
ticaly was adverse to them. and places them IN, ID
possible. . worse position than ever; but il now
they
DIFFER FROM THR DECISION
and refuse to act under it, the opposite side can
say they refuse act In accordance with the law,
and unintiatcd people will readily believe It A.
first sight. And yet what pitfui plight 1t puts
them in
In the first place, the Commissioners have held
all along las Judge Leonard says the law undonbt
should have their money in bulk and not IN par
GELS, for only in this way can they MAKE contracts
building unless in the first place cXorbitant
came up to the reality 1t Is work about which,
even the most expert are always at fault There
THE DOCKS NOW BUILDING
where the soft mud sunk down fifty feet. Such
work sometimes costs i've times the estimate.
In the second place, in the purchases oil dockago
in this city, where the signatures or the Commas
siOners OF the Sinking Fund were necessary, the
Dock Commissioners have had considerable din
Guilty in getting them, and this when the Commits
sioners OF the sinking Fund were rather favorable
than otherwise. Now the Dock commissioners
say the Comptroller and the Mayor, being both
commissioners OF the sinking Fund, can very easily
refuse their signatures altogether, which OF itself
Is almost a certain death to any acquisitions they
may make.
II may be readily seen then that the decision Of
Justice Leonard really Is only
A BLOW TO THE DOCK COMMISSIONERS,
instead OF being help to them, as 1t looks at first
sight.
Tie next move of the Commissioners therefore,
Will ha Tn son a
trollcr and ask him 70 furnish sufficient money for
the running expenses OF the Board-that Is, 10 pay
the labOrers on the docks, the engineers, &C:
and also sum OF S3l, $685. which has been. due for
some time but which Mr.. Green has not seen tic to
pay The money Is now urgently demanded by the
creditors and the Department OF Dock, which has
always been known as one OF the promptest paying
In the city, and the immediate consequence Is
that 1t Will sink to
THE DIsGRACEFUL LEVEL
OF some OF the others, where men have to wait
mont tbs, and perhaps years, for money they have
honestly earned. This is another result OF mista-
payment cannot be expected to furnish things at
the same price as those VINO can get Immediate
In the last meeting OF the Board Commissioners
Wood proposed the following resolution, which was
adopted -"Resolved, That the report 81 the Audit
ing Committee be adopted and that the treasurer
be instructed to pay the various small bills under
audit Nos. l,l76 to l,500 amounting in all TO S79s,
for ratons Of crews OF tugs and dredges trans
pOrtation OF surveying parties janiior's fees,
premium for insurance and so iorth and That the
remainder OF the bills audited numbered from
1901 TO 1521, inclusive and amounting. to S31 $685.
he! paid rs the treasurer receives funds
il was III accordance with this that a committee
was appointed TO wait on the Comptroller. II Is
more THAI probable that he Will
PUT THE COMMITTEE OFF.
in one OF his wonderfully vague addresses, and
then the Deck Department will literally hase
become very handsome ornament to the city, but
certainly nothing more.
But the department will fortunately have one re.
source that OF again appealing 10 the Courts and
1t Is this which IL will do. Judge Leonard IN ais
decision says that it is not to the prejudice OF
"a DAMMIT fhA. Ia.,
was to put in bill OF particulars with its appllca
ton Tor a mandamus 1t might NEE. with better
As already foretod in the previous. article on the
docks in the HERALD, the commissioners have
DISCHARGE MANY OF THE HANDS
in their employ, producing widespread suffering,
especially at TINS period Of the year: II was only
eral Mcclellan to discharge all men who were not
absolutely necessary to him. so that the works
now in progress need not suffer materially, and
General Mcclellan, the Engineer-in.Chief Coin
Piled This was, of course, only done under
the pressure OF necessity. The Commissioners
have been becoming shorter and shorter OF money
every week, until at present they actually have
only $1,000 in bank, and without prospect OF
! ceiving more. For one OF the most impor tant Of
| the departments in great city like this such .
showing seems absurdly ridiculous, bat 1t has the
ON November ls the payment Of 2ae men for two
weeks was s7,24l. On November 30. of 272, already
men, ss,6s4 and the last fortnightly payment, was
made on December %, and the ioIlswing Is
THE OFFICIAL PAY ROLL
OF the department.
Men. krposnRf-
Pier at West Twenty fourth street - $40
| Pier at CHRISTOPHER street. ...,,......
Removing piles at pier % North ,Rivee... ~
| Drawing spuds OF drcdges. ........-..... ~
Pile driver, 10 a.'....-...'.'.'''.'....''. NJ
| Pile driver, No S..............,............
! Field corps and bureau of engineers i26 271
Total, ssms
! At present the work is still going on &c The Bat
terry, and promises to continue Tor some time.
| The pier now appears for some foot or TWO above
| the water and seems to be nnc piece Of masonry.
| bas been done In three years, and that hal the
| Commissioners received the money the law allowed