The New York herald., 1875-07-20


the attempted ROBBERY OF ste County Bank, cor
ner OF Eighth avenue and Fourteenth street.
pleaded guilty through his counsel, ex Mayor Han,
who made strong appeal for mercy, and pro-
duced letters showing the excellent character Of
ths prisoner prior to his arrest as well as curing
HIS incarceration ior the past year. lie was SEN
tenced to the Penitentlary for one year.
Charles Meehan pleaded guilty to burglary in the
third degree. he indictment charged that on
the 27th ofJune he effected an entrance into the
house OF Bernard SlverolatL No. 173 East Broad
way, and stole male ana female wearing apparel
ana jewery o the aggregate value OF $500. Meehan
was sent TO the STATE Prison or nye years.
LEASES BY THE COMMON COUNCIL.
An applca ION was recently mace IN supreme
COURT, Chambers, before Judge Brady, for a man
damus against comptroller Green. TO compel MIN
90 sign lease OF that portion OF No. p Chambers
street which the common Council mad taken at q
certain annual rental for the use OF oue OF the
branches OF the Marine Court. Tne igcts were
fuily given IN the HERALD at the argument OF the
case. Judge Brady gave his decision IN the mat
ter yesterday, the following being his written
opinion
The power Of the Common Council TO deter
mine upon a lease OF premises for the use OF the
city is legislative ana Is unlimited, except as to
tne term OF years. section is fthe charter OF 1878
(LaWs ASA declares that the Common Council
shall have no power to take or make lease OF
any real estate, save at reasonable rent and for
period not excre edlng I've years, unless specially
authorized 50 to do by an act or the Legislature.
This is the only restriction. The exercise OF this
power Is guarded by the provisions OF section IA,
which declares that the voIes or three-fourths OF
all the members elected TO each Board shall be
come necessary to It's passage. Sections 50 and
liz do not anect the exercise OF this power. They
relate 70 the departments for which appropria-
tions have been made 40 departments and boards
or o11cers,n and by board is meant board in any
department OF the city government tsec. so. The
restriction imposed is against incurring any ex-
pense unless an appropriation shall nave been
previously mace covering IL. section ~ uoes not
In any way uultate against the views thus eA-
pressed. 1t relates to contracts, the OF the
execution Of when is not by law or ordinance, IN
whole In part, TO oe paid by assessments upon
the property benefited, and as to which there Is
no balance remaining unexpended and unapplied
OF Inc APPROPRIATION appicaole tIeFeto sunclent
10 pay the estimated expense Of executing them
This evidently relates 10 obligations other
than leases the expenses OF executing
which are not certified DY the officer
making the same, and therefore TO those relating
TO work 20 be done on supplies 70 be furnished.
This is The more apparent from the provision that
II snail be lhe DUTY Of the Comptroller 10 make an
Indorsement upon the contract presented to him,
n such be the TACT tnat there remains unapplIed
and unexpended balance OF the approprIaton
apple bic, and 10 hold and retain such sum TO
pay the expense incurred until the contract shall
be uly performed. When the lessor eals upon
the Comptroller 10 pay the rent accruing 1t viii \
II y
that duty aud the courts may then be called
upOn TO consider the Legality OF sucn answer. The
question Is not now whether the Conptroler Is 10
pay, bus whether he can prevent the Xsrcise OF
Legislative power expressly conferred upon the
common Councu Oy the ASSERTION IhaE
there Is no provision by wey Of appropria-
II such be the effect Of the charter 1t necessarily
follows that no lease can be made until an apprO-
which it seems would be uawise ana i'll gicaL
The lease might not be made owing to one Of
many causes which might intervene and the sum
assigned to meetit would tnen nave been un-
necessarily named and Included IL may also be
said that Dy the second section or the act or 1874
(chap 3Oe, Laws Of loIl p 802l; the Board OF Esti
mate and Apportionment are given tue power aE
any time 10 transfer any Appropriation for any
year wuIcn may Oe found by the board OF the de-
partment or whlch sucn appropriation snall have
been made to be in excess OF the amount required
or deemed to be necessary tor ne purpose or
objects thereof TO meek other purposes or objects
lor which appropriations are insufficient or such
as may re9ulre the same. IL ilay well be doubted
whether, ii vne city refused 20 pay because OF an
exhausted appr, priatOu, the courts would not
require evidence that there was no such excess
the law Just referred 10 cOntempates lG Is,
however unnecessary to pursue THIS subject
further. IL is aqpareut tnet The objections urged
by the Comptl ollor are not SUFFICIENT 10 prevent
the success ol tals mouon, and 1t must therefore
be denied.
DAMAGES FOR CHANGE OF GRADE.
In the suit OF Lynch q Darragh against the city
. motion was recently made in supreme Court
Chambers, before Judge Brady, TO compel the
Board Of Revision ard Correction, OF which Comp.
troner Green Is one 10 make an award OF dam
ages for change OF grade in 123d street. In tafs
case the acts have been fully published in the
HERALD, and need NOT, therefore, be repeated.
Judge Brady yesterday decided the case embody-
ing his reas ms In the following optnion:-
As | understood the point taken upon the ar.
gument OF the motions in these cases, 1t is that
tne change OF grade was made uader the act OF
1866 QaEs or 1866, chap. 3s7 page sls), wnica
makes no provision for compensation Ior damages
sustained. In all otner respects these appica-
tions similar TO tnat made IN The People rel
Teresa A. Doyle vs.. Green, reported in Hun, 7J5
lanrmed in the urt OF Appeals) and in winch
the relef asked was given. The map showing
the cnange OF grade or which the reiatCr
complains was not fled until the Gath Of
July, 1867. That OF 1896 lsupra, sec H. under
the provisions Of when the change was MADE,
ms alleged by the respondents declares that such
change should be established nom the time or
GliDg the map showing tue same Inc act OF 1861
Laws 1851 cnAp. 50l, page L'2N provides (.ec.
81 that all damages TO aD5 land or to any Uuild-
ing structure thereon existing at the time OF
the passage OF tlat act occasl0ned by ~ aitera-
lion or grAde shall be ascertAlned ana paid IN tie
manner provided By the act OF 1892. think this
section Is pplicabie 10 tue cases u tne reator'.
The structures Injured existed AZ the tiIue Ol the
passage Of the act OF 1867, spd are embraced
winn the provision or that statute. Tae lam
Ruage Is cOmpr prehenslye-"Ail damage % any and
or 70 anJ building or other structure thereon ex-
ntlng at tne time Q! ne passage o. ths act leyi,
dently meaning 'on9 any street, avenue or ROAD
laid out on the map Oftne city Of New YORK Wiinin
the district specified m the first section Or this
act by reason OF sue closing such street or al
teriDg the grade thereof snail be asceriained and
paid Ia tue manner specified In sections ana
OF the act passed Marc1 T. 1921 ne duty or
making the compensation cannot be avoided
by asserting that the change made un-
der the act OF 1866, Iuasmucn as the
Grange legally took place on the 24tn OF JuY, 1867,
when tne writ was nled, auc then only. IL the |
act Of 1865 vas not IN eject repealed BY that OF
1867, the latter was an enlargement Of the power
in regard 10 the damages 10 De awarded. Inc dc. /
sign oi the Legislature must have been 10 accom-
psh Dy the act ol 1867 uniformity vi rule in ref
erence 10 damages Resulting IRON chanee OF /
grade. It nh0uld not, unless made absolutely
necessary Cy tue terms Oh the statute be adUdI- /
Gated tnat where cha ne OF Eraue was made /
Dnder tue act Oh 1866, although not Accomplished /
anti the act OF 1866, no compensation for loss I
should be AWARDED, but II maze Ia 1851 under the /
act Of thas year 70 should be 90 the injured
party Ihese are klndred acts ana saanLn be con.