New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-15
CITY LEASES.

THE COMMON COUNCIL DECLARED TO HAVE 4 RiGHI
- LEASE PROPERTY FOR THE CITY REGARDLESS
or THE AMOUNT APPROPRIATED BY IuE BOARD
OF APPORTIONMESr.
The Common Council in April 1875, author
,cd the execution Of two lcasesOuc for the Schcnck
property formerly occupied by branch OF the United
states Courts on Chamberst for thcse Of branches OF
of the Marine Court rental $4,000 year for five
years the other for portion Of the building OF the
New-Yor Dlsncnsary for five years ut $500 year.
Under the charter 1873 is provided that no con-
tract shall De binding OF any force or effect unless
the Controller shall ndorse thereon his certificate that
there remains unexpendcd and unapplied balance OF
the appropriation sufficient to pay the estimated expense
OF executing such contract" The Controller refused to
sign the leases because, FIST there money IN his
hands to pay the rents and second. his duty under the
charter To inquire as 10 the moneys applicable
10 contracts entirely inconsistent with the duty I'M
uoscd on him by hc resolutions OF the Common Council
Of signing the lease Judge Brady at Special Term, he
ended that both reasons were insufficient and issued n
mandanus against the Controller Judge Davis, giving
the opinion Of the General Term held the second reason
OF the Controller good, and reversed Judge Bradys
decision The Court OF Appeals, Judge Miller giving tho
opinion, and all cOncurrng has reversed the decision OF
the General Term and following Judge Bradys line oil
argument, holds that the Common Council has inner
entity the right lease property for the city, except as
limited expressly by law and has power to authorize
leases and that they in proper FORM; ana tht,
having selected the Controller To do this duty he was
hound az thtir servant 10 do IT, his other duties TO the
city making his selection cmnenty It, The provision Of
tc charter that Clerk of the Common Council shall
keep the city seal and that his signature shall be neces
sary to leases confined to instruments required to be
signed by him under existing laws" and does not ap-
ply to future leases.
Tho claim that the Controllers duty as to lndorsng
that the lease Is within appropriations - nconslsent
with the signing uf such lease ~ met ny the DENIAL iat
he has any such duty. The provision as To lndorsnS
contracts applies 10 different class OF arrangements pc
tween the city aud individuals. The Common Council IL
the legislative power OF the city Government, ana the
does not In any way limit its action To the taking
OF such leases may be provided for by the Board OF
Estimate and Apportionmcnt. II the Common Council
were thus confined In the exercise OF Its lawful authority
In accepting lease the legislative power III TINS respect
would be the Board Of Estimate and Appnrtonment
and become subordinate to the Finance Department
Section OF the charter would he nucd ana no lease
could be authorized which required by the public
necessities and which Involved the expenditure oil pub
lie money for more than single year, "a no apprOpa-
ton could be made by the Board OF Estimate ana Al.
port .onment beyond this period. obviously such coni
not have been the intention of tho Legislature ana ~
not rational Interpretation OF the provisions oi inc
charter 10 was never designed that the appropriation,
of the Board of Estimate aud Apportlonnieht Should
coutrol Legislative action which the charter Warrants
10 the way in which the rent Is To he paid that Us an
entirely different question 10 be raised hereafter Mean
while The Controller sign the leases "a directed
Reach az Brown argued the eases Tor the REALTORS "Il'
c. whitney aud 4. B. Clarkson for the city,