The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-05-26


Salaries safe.
The regular meeting o. the Board OF County
Onieers convened yesterday afternoon, Supervisor
H. H. b. vance presiding, IN the absence OF the
Mayor
A BIN for S. 500 from Joseph Hildebrandt for
rent OF arrnory Of the Finn Regiment y. G. 5. n.
Y, on Hester street, for The quarter ending Febru
AIRY IS, was received and laid over.
ON motion OF Supervisor BILLINGS, the bills OF
th,rty.two cons,aDles OF the Cours OF oyer and
Terminer, being pay for services during the
months OF March and April. amounting to SCI
each we're ordered TO be paid.
The speca! committee 10 whom was referred the
bill OF Mr.. Weber Tor rebuilding the Centre Market
Armory reported in favor OF paying the bill, which
was originally 10 the amount OF s2l 474 al, at
sl45So IS. This report excited considerable de-
bate IN which supervisors Kehr and Koch took
prominent part The report was adopted by a vote
offs TO p
Supervisor COOPER, as chairman OF the Law CON-
mittee stated that ne had received a communica-
ton rom Judge John X. Porter in relation TO the
legality OF the consolidation Act,n which was
referred TO INN Tor MS opinion.
any other documents present bearing upon
this SUBJECT, and, on being informed that an
opinion from the Corporation Counsel had been
received, ne moved TO have the same read, winch
was accordingly done. The following Ia the opln-
ton OF Mr. E. Deahed Smith,
OFFICE OF ruE COUNSEL 10 rnK cosroRAroS.
To the Honorable the Board Of supervssors ray -
GFSrLEsEs-ln a resolution adopted by your body on
a I e right OF he aGerme1 Of the city ADDITIONAL
Tor their services as sapervsors 70 the po
the county OF New York.
provides that each memoer Of the Board Of Super
Sod Inc act o. iss Known as the eaarter axes he
salary Of an Alderman At = 900 per annum; ana
rendered to the cy or county in any capacity what
the Ss ho an oe ne e4 s
sei Of he and IN whc case he hs d IF R
no salary Tor sucn e. ooo Office Under previous laws
visors OF the county OF New YORK. The question
in seOember 1873 beoTe Judge Fance wa IA
,he sgpreme court ana u was held by the Court thar
as il attempted . leeisate affairs An appeal
affirmed without opposition In pursuance Of that de-
ona III o ns b 81 ,e a
question tor my consideration.
After stating the points which may be made
against the decision the Corporation Counsel con-
Tunes -
With these explanations t is my duty to answer your
declared by Inc Cepr you are entitled e
Tor the performance Of the ocio county duties
when are conferred and contnus to you under the
are dimnished by the consolidation act
served T. You ihs aei ltss taken win
Of isS these scss contain no express eaase
Min to ant ICED nj t DC not
gard to which salaries or other emolumennts have been
operates either diminish the com
AZ, BY aw ~. Is quite likely
The Corporation Counsel concluded with The aq-
-yice that II the Comptroller should reuse TO paw
the additional compensation TO the members OF the
Board as supervisors an action be brought against
the city The amount and the case be carried to
the General Term and the Court OF Appeals Tor
fnal settlement OF the question.
Az the conclusion OF the reading OF the above re-
VlSnr S~rI Trya H.
resolution. which was laid on the tablet
from the I, oPnipn Of the legal Counsel TO this
Of Aldermen are entitled TO extra COMPENSATION Tor
Kesolvei That rom and after June prox this Board
will not demand compensation as supervisors
The Law Committee then submitted the follow
Sarahan on the constltutionality Of the tonsoiia.
ton act which was read and 500 copies ordered 20
be printed after which the Board adjourned.
The following is an abstract OF the opinion OF
these gentlemen:-
resolution adopted by the Board of Aldermen on the
tam our opinion to the powers and dHes the Board
statute referred to IS chapter o Of the Laws s ent
d aS Ssw YoE a e to 81 e Gg s
same
dernen and GomnonaIty city Of New York are
70 oe 9Hny ana a tine sa
inc are vested IL said
county and all bonds stocks contracts ana Of osiga
the authority OF the county government The
provisions OF the xpiDatory reorganizing the
the purposes OF the county organ .aton
relieve the Consolidation act from well founded OBJ
lection to its validity on constitutional grounds
consolidation effected OF the property and labi
city and county, and are i'm DO sed
and transferred 10 the city.
The Finance Department according 50 Of the
charter OF 1878, must hquiGate all claims, whether
the city The Department Public
Works is charged with executing control over public
buildings, which heretofore has been vested with the
Supervisors The object the Consolid anon
put a end to the double system OF control
aud management which heretofore vailed relation
the property and liabilities Of city county re-
spectively.
construction Of the third section of the act which
would perpetuate the mischief. defeat the remedy re-
produce the double machinery of administration
under The words OF this section have full
and effect when hunted the legislative
powers which evidently contempt III the act
The Board OF Aldermen charged by this act with
regulating the use OF the property formerly belonging 10
the county and specifying the purposes to which Is
be applied
fhe powers now possessed by the Board of Super.
vsors SUCH as the law coniers them County
Canvaers and such others by the Board of
Aldermen, subject 10 the Mayors veto.
Attached 10 the ABOVE opinions is letter rom
Corporation Counsel Smith, stating that, while he
July concurs in the opinions expressed by the
gentlemen, he reserves the right TO further in
quire INTO the question and the practical appica-
ton OF the law.