The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-14

Ftrst-ls there. in your opinion, anything in the
constitutional amendments recently adopted to
OF New YORK to construct rapid transit railroad
| as public work, and to issue it, stock for that
the constr action Of the Central Park the building
| OF docks the supply OF Croton water, Sci
OF the %osv m Ns
York through the sale OF excise licenses TO chartt
able institutions. for the aid ana support OF The
city's DOOR In accordance with the provisions OF
~ JAMES GORDON BENNETT.
OPINION OF MR. ERAsTUs BROOKS.
THE CITY CAN CONSTRUCT A RAPID TRANSIT
ROAD AND APPROPRIATE THE EXCISE MONEYS
TO THE sUsTzNANCE OF THE POOR.
| NEW YORK, Feb. 10, 1875.
| To THE EDITOR OF THE HERALD:-
In reply to your inquiry, addressed to mo by
letter, as member OF the late Constitutional Com
| mission In my opinion there Ia nothing III the
amended constitution to prohibit the city OF New
York, under authority OF law, ITO construct
rapid transit railroad, as public work. and 10
issue Its stock for that purposes" such road
| would for its purpose be as much pub.
| lie work las the Central Park, the building
| Of docks, supply Of Cr0ton water" 30 The
| wisdom or expediency OF having the city engage
} In such werk IL quite q different question, and
one in regard to which any intelligent citizen is
capable OF giving as correct an opinion az myself
| the prohibition imposed by the constitution ID
I that ''neither the credit nor the money Of the
State shall be gwen loaned to or in aid OF any
association, corporation or private undertaking."
| What the city does. therefore it must do in and
Of ITSELF and for ITSELF as In the Central Park for
| pubic docks or CrotOn water, all eminenty bene-
ncial 10 each and every citizen. but In no public
sense are they An associate corporate or private
/ undertaking."
In reply to your inquiry whether the amend
| ments prevent the appropriation of moneys re.
ceived in New York through the sale of excise
licenses to charitable institutions for the aid and
support OF the city's poor, under existing state
laws" my answer is, that the constitution does
not repeal or change any existing law where
counties, cities, towns and villages are author.
lied by law to make provision for the aid and sup
port Of their poor" The amendment article 8,
section 1D expressly declares this. Such,
ALSO was the intent Of the mover OF the
amendment, such the declarations in the general
discussion upon 1t, such the understanding OF the
| commission and such the very woros OF the con.
stitutlon Itself. TIE object OF the amendment was
| to prevent the old time State aid for local pur-
| poses. which became great abuse. In appropria.
tiOns for railroads. corporations, associations and
| private undertakings Two things. however, ave
requisite to insure . just Interpretation Of the
|
must In good faith, be to support "the poor,n and
must De ''authorlzed by law"
By no just construction, with these limitations
can 1t be said that the constitution repeats exist.
ing provisions OF law tnat the laws referred to
are inconsistent with the constitution. The words
.'may be authorized by law" In the constitution
have no more force than ''are authorized by law.n
And II this Is not the true construction then there
Ia now n o law In existence Tor providing for any
OF the poor and the aosurdty Is presented Of o
| constitution that repeats all existing statutes
relating to- the poor everywhere in the State.
| thereafter" or thereafter" are words which,
II the trainers OF the constitution had meant to
| adopt, they would have inserted IN their proper
place.
The sole question to be considered by The proper
authorities il, "Who are the poorr Are they
only the general poor under the control of the
Board OF Charities and C0rrections or are they
also the poor who would have to be supported
wholly in public institutions II not partially aided
or supported elsewhere2 The mode OF support Is
not for our discussion essential but the fact OF
poverty ia, and this Is to be ascertained, as "au-
thorized by law" and laid or support" then pro.
vided for, when neither age nor sex in persons,
nor measures nor condition Of neal poverty can be
debarred from relief
This IL certainly what the trainers Of the consti-
tuition meant and, in my Judgment, 1t is the only
fair or legitimate Interpretation Of the instrument
itself. Very respectfully yours,
ERAsTUS BROOKS.
VIEWS OF MR.. JOHN j. TOWNSEND.
RAPID TRANSIT ROAD MAY BE CONSTRUCTED By
THE CITY-THE EXCISE LICENSE MONEYS CAN
NOT BE APPROPRIATED FOR THE POOR OF THE
| CITY,
| TO THE EDITOR OF THE HERALD:-
| I nave no hesitation in answering the FIRST in
quiry In the negative, with the qualification that
II the plan OF the public work shall involve the
construction Of q street railroad, the conditions
prescribed by the last clause OF the eighteenth Sec
ton Of the third article are applicable.
| answer the second inquiry In the Affirmative.
| Although the eleventh section OF the eighth
| article provides that nothing therein contained
shall prevent the county, city, town or village
| from making such provision for the aid or sup.
port Of Its poor "a may 20 authorized by law you
will perceive, on referring to the first section
OF chapter 642 Of the session, Laws OF 1874,
that the authority for the appropriation OF Excise
moneys In New York Is In the following Ian
| guaQe :-"And, provided further, chat all Excise
moneys hereafter derived from licenses for the
sale Of intoxicating liquors by said Commission.
ers, except a. above provided, shall. from time to
time, and in sums according to their discretion,
be appropriated BY the Board Of Appointment
and Estimate OF said city By resolution OF the said
Board to whatever benevolent. charitable or
humane Institutions may seem to such Board de-
| serving or proper"
| have NO doubt that the limitation expressed
in the constitution Is inconsistent with and for.
bids the exercise Of the broad discretion conferred
by the statute. JOHN J. TOW NSEND.
No. 70 WALL STREET. Feb. s, 1875.