New-York tribune., 1876-08-08
TIE COUNTS.
TIE HAMPSTEAD RESERVOIR.


BROOKLYN BoAED OF CITY woEKs DECLARED SUB
ORDINATE ID THE COMMON COUNCIL
The Brooklyn Board of Aldermen applied to
,Gs supreme Court sor "a mnudamrs compel the Board
of C.iy Works 10 complete the .acing NJ the Hampstead
Reservoir dana. ~ cost not exceeding $4,000, in ac
rorllncc with a resolution adopted by DE Aldermen on
Nay 26 Yesterday Judge Barnard rendered decision
granting the application After saying that the city Of
BROOKLYN has for series OF years been engaged in the
construction OF costly works for the purpose OF furnish
ing supply of pure water to its inhabitants. and has
acquired Tie title a large tract OF land in Hampstead
or thc purpose OF storing water thereon 70 be drawn In
period, of droutn he says iat the Legislature author
lied the Board OF Water Commissioners, in
ls7l. to carry into effect 4 plan which pro
posed tho creation OF a reservoir holding l.,
OOJOOOG0O gallons Of water on the Hemp
scal lands at an expense not to exceed 81 100000
This SUM had been expended before stones had been
placed entire inner surface OF the dam leaving Il
faced to the hight of ONLY twelve feet An eNpcnditur"
of less than S20 900 win enable the city the
vair at IT. fun capacity. and the Common Council wish
thr work done at This cost The Board Of CITY Works
refuses to obey resolution to that effect The right OF
The ely IA represented by the Common Council 10 writ
of mauhamus to compel obedience is the question pre-
scntcd by this application The decision thea says:
The first and principal question to be determined Is
whether the Common Council have the right 20 do the
work proposed Tie city owns the feeoi he land and
the Common Council owes the duties OF u trustee IN
reference thereto without any legislation Among these
duties the obligation To preserve ana Keep ~ repair
and to wisely The for the purposes ior which Il
was designed. This reservoir such as 1t l., has been
thrown upon The Common Council The Legislature
authorized the defendants predecessors then called the
Permanent Board ot Water aud Sewage Commissioners
10 eNpend Sl,io0.o0O upon 1t; That has pgen Gone
Express legislative power has been vcn 10 the city to
make the scryOir chcrnt By references 10 the laws II
IL shown that the Board of city Works cannot execute
the duty imposed upon it-of 80 managing IN water
works a. TO obtain the object for which they are con
Structcd, unless the Common Council orders the
work necessary to accomplish that end Upon such or
der the Board s hereby bound TO obey No discretion or
power is given ii by which II can prevent the Common
Council from doing ts duty. The objection that the de
fcudunts beyond the control OF the Common Council
Lands outside the city il not OF weight. The prnci
pie established by TIE charter the suleCtion of
the Department ~ the CITY Works 10 the Common Coun-
ci There why the reservoir should ho left
OF the application OF the principle Gnd the Le2isa-
turc in this FIRST section have made defendants control
OF all structures and property connected with the water
works subject to the direction OF the Common Council.
The IleInp,cad lands not removed from the dOnin-
o the Common Council from tie Department OF
CITY Works from its control thereof Tie objection that
there are funds with which 10 do the work declared
UufOunded.