The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-09

win knowledge OF All the circumstances has stated
th On apr. Is 1875 believing amer careful study that
Ils department was lawfully empowered by the or
dnance OF Common Council and earnestly solicited
10y properW holders terested directed work @ be
On April "a letter received from the Comptroller ex-
Would be Authorized TO raise money to pay for expen
Department Of Public Works II proceeded with Hnder
on April "a submitted 10 the Counsel to the Corpora
0n ne Questions involved IN the execution Of this
con May q received nom the Cooperation Counsel
he hs s Gm M mn Council sai LAD
ton Gpnon expsssed by the Counsel to the CORPORA
bad his proper uaco2s n the premises ns
Of the Common Council and the further questions Of
p p0cy fs TO whaL Should do vas for me to determine
uOn as 70 my dutywhch was simply 10 obey the ordI
Il s true thai The Counsel to tho Corporation did, in
S Spill proceed 20 maze me some
the difference due to them;
these suggestions made and should have followed
tham u my own sense Of duty had not controlled Inc.
what he said was a. follows
Although entertain this opinion 40 not how
There mas been anauesonabiy an honest difference Of
win involve expense understand oseyersl nun,
meGt. upon the property benefited thereby II this
assessnents % be imposed therefor would be Illegal and
T would undonbtedly, be vacated and the entire ex'
1.-THE Department Of Public Works the right the
would undoubtedly be compete at for said department
70 ao Nv Win an oTdnanSe Whatever are Dos
Paoc a works would uadoG6tedy BE- called
and If the Common Council has the power to aireet
e T T 70 be d9ae or the Depsrmen Of Public Works
% s be d tor hs %ork would be valid IL hGw
work vested in the Departme at OF Public Works
ana i should be performed BY the Department Of Public
could isd thsr Ssas no wang
opinion by me- as above stated OF the va.
81 to So 11d h all the M
Mayor hayeneyer in the opinion above referred to. I
any work is lone IL the immediately adjacent to
tom shoud be msde or IS streets S similarly i9Sasd apPSa
which should remove all doubt The authority under
It was to this friendly suggestion Of the Counsel TO the
Ps puTpCrls 70 state the ADVICE given BY The The
lay Law Department, althoush 1 submit that as
not have been acting officially and did not assume 10 he
having already expressed the odcia ADVICE Of lie Law
upon the only question which properly
tI 70 s9 be mat in this matter have not acted con
department Public Parks and by the Department Of
!, IN may be NAT
In order 70 remove all dou6;s had already sub
sem6iy Bill when was introduced by him. placing
same toong as other streets and sVsnaes II II was
k b t9S the act passed would insure payment 70
Park, and the Assembly promptly passed II by an almost
unanimous vote. The senate however, perhaps deem
ing it superhuous never acted upon the bill. / had
Already removed many OF the men, and when knew
the senate had failed to the were with
drawn, not because doubted my authority 70 employ
them, but because would not subject TO the nard-
ship Of waiting and suens TOR their hard earned pay
From all that has been led il appears
grave doubt" OF the COMPTROLLER 'wheiher he would
be 10 raise for the OF the
WORK ls based on the suppositon that the may
decide that the authority OF the Park Department to
manage and control streets and avenues EXIT
ing or whcr may exist, adjoining the parks embraced
streets aud avenues yet to be ade said parks
and that assessments for done by Department
OF Public Works under authority of the Common Couu
ell would be vacated the ground that should
been done by the Department of Parks.
am OF the opinion now as at the time that the
Common Council was empowered to direct who should
Counsel 10 the corporation has advised that in that
opinion
Holding this opinion had a plain duty to perform
ana that was to execute the ordinance of the Common
Council
The employed by this department under that au-
thorty are therefore, in fair dealing and in
ied TO ana should receive their without further
trouble or delay. They should not deprived of
ther dues earned under the law be compelled
sort 10 the courts to them should the city
subjected 70 the costs OF suits which, in like
case the Counsel to the Corporation has given official
opinion that the city make no defence.
THE RIVERSIDE AVENUE.
lengthy report from the Law Committee was
also received relative to the work on Riverside
avenue and recommending the passage Of an
report were similar In the main to the communi-
cation sent in by Commissioner Porter. Con-
sideration oil the matter was adjourned until the
next meeting.
The Board adjourned after three hours ses
sion.