New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-16
THE Union FERRY LEASE.

IT'S VALIDITY DENIED-srEPs TO BE TAKEN TO RE-
COVER BACK RENrAL-THE DOCK DEPARTMENT.
The fact that the Union Ferry Company,
which carries the Fulton Ferry, the South Ferry.
the Hamilton Avenue Ferry, the Caharine Forty, and
the Wall Street Ferry formerly paid tie city annual
rent Of SOB 600, while since 1870 1t has only paid 81
per year. some time ago attracted the attention Of
Mayor Wicham land at the meeting OF the Commissioners
of the Sinking Fund held Nov s, 1879, tho matter was
discussed at length and resolution adopted that tho
CORPORATION Counsel DC requested to examine the validity
OF the lease made with the Union Ferry Company in
1870 Attic meeting OF the Commissioners yesterday,
the repor OF tho Corporation Counsel submitted
1t is long document ana rccites the provisions or the
lease the circumstances connected with it, and the law
bearing on the subject.
After reviewing the details Of the old lease at 000
the report states that in tie NewYork Bridge Com
pany wished take portion Of the lands leased by the
Ferry Company ON Dec 3, 1863. the Ferry Company
asked for lease After considerable or,spOndence
it was agreed that the land asked the bridge company
appraised at 100000, be surrendered. ON May 49,
1870 the Commissioners Of the Sinking Fund resolved
that in answer to the application OF the Union Ferry
Company Brooklyn for renewal of lease, the Commits
son offers lease OF all the existing ferries for 10 years
at 81 per annum condition that between the hours
Of aud ia o'clock, both IN the morning and the after
noon the Company Will fix the fare ut one cent" On
June 20 1870 the lease those terms was approved
by the Commissioners and June 90 executed on be-
/ half OF the city ana
the have been operated under tie provisions Of
| the lease.
The Corporation Counsel says that after careful
animation OF this matter the only statute he can find
which gave any possible color OF authority to the Com
missoners of the sinking Fund to make this lease Is
found in Chapter $40 OF the Laws Of 1869 This act
what is commonly known AZ the city Tax Levy act OF
that year. and SeCtiOn OF said act 10 40 fOOws The
Commissioners Of tho Sinking Fund are hereby empow-
ered such they shall deem best for the in
OF the city, from time 10 time 10 lease city prop
ton of ten years nor for renewal a longer term
than years" If this section had in clear and
press terms, authorized the Commissioners 10 make the
lease the Corporation Counsel would nevertheless have
serious doubt ~ 10 It's constitutonalty IL extremely
doubtful whether section in tax levy act which, IN
effect would authorize the local authorities 10 give away
tne entire real and son property OF the city could be
fairly considcr.1 as coming within scope OF
| TO make provision Tor the Government Oi the Guy.
Moreover. II the Legislature had such absolute
control the private property Of the city as to be
able to authorize tho local authorities 0 give the same
away here may be serious doubts whether would have
the constitutional power 10 Interfere with rights hereto
fore vested In the creditors OF the city under ordinances
| OF the Common Council ana acts OF the Legislature
Rents for ferries have for many years under such ord
aud acts been pledged TO the payment OF the in
tercst on the city debt and u the LEGISLATURE could con
additionally authorize the Commissioners OF the sinking
Fund to give away ferries belonging 10 the cry u Is dI-
cult 10 see why 1t mslt not authorize sueh Coiiis
soneIs to give away all the real and personal property
belonging the city, thus leaving the creditors OF the
city without any security lateNer Tor Their debts e1
cep such might be derived from future taxation The
Valid Was in effect giving away between slO0oooO
| and Si,50O.0o0 OF tho property OF the city"
| In conCusOn the COpoIhtioh 'ouh9.i eAtfeSses 'ho
opinion that the power lease tn. wharf property in
question vested the Dock Department and that.
while Commissioners of the GIN king Fund might have
lease Of the franchise upon lair ana Reasonable
terms they had no authority whatever 70 make lease
consideration is invalid for this reason Us Wen US The one
| above mentioned"
The Commissioners unanimously adopted a resolution
that they concuIed n the opinion given by the Counsel
10 Corporation that said pfported lease Ia invalid
and that, order that the city may receive iair and
for said ferries Immediate steps be taken
| To reet the In tho manner now provided by law
AM
cuants OF said ferries aud wla and bukhead property
the yane OF the thereof since their occupancy under
| said pretended lease"
| The Controller slated that after examination he
satisfied the sale OF what known the Staten
Island Company ferry franchise illegal and impro-
per, and hs offered resolution that the Corporation
Counsel be- requested TO give opinion on tho matter
| This adopted.
A communication was received from the Dock Com
siOnerr relative 10 the purchase Of Pier A. North
River from the lnman line President Wales said that
the property could be bought for 100000 IL would
COST probably $50, 900 10 erect suitable new bukhoad