New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13
ICE AND SNOW TO BE REMOVED.

THE CORPORATION COUNSEL DECIDES That THE
POLICE BOARD HAS DISCRETIONARY POWER
THE WORK TO BEGIN on SUNDAY.
At the meeting of the Police Board yester-
d,y the opinion OF Corporation Counsel Whitney, in
reference 10 the powers and duty of the bbad in the
moyal of snow and ice from the streets, was read
The counsel that Section l. Chapter or of the
laws of ISL provides that the Police Board shall hav
full and exclusive power and authority, AMI Is thereby
charged with the duty Of causing all Streets etc. III the
city Of NewYOrk TO be thoroughly cleaned from time TO
time and kept all times Thoroughly cean, and to
remove from the city daily, and rs often Us may be
necessary all refuse nuisances which the Health
BOARD may order he removed The duty In reference
to dead anmals oi and night soil, impure meats and
other refuse, given To the Health Board by the laws
of 1874 otherwise the section Of the act of 1872 is
full force. The law plainly includes ice ana snow.
The streets should be cleaned in Summer and Winter In
fact the cOmmnsng of snow and dirt frequently makes
the streets drtcr Winter than In summer the act OF
1879 dopriy ed the city power for street
cleaning ard the work deyoycd upon the Police Board
exclusively Unless therefore, the Police Board has
power 10 the snow and ice no other authority
possesses The action OF the Board OF Apportionment
makes difference. That is discretionary power with
IL under the laws 1t is presumabe that they thought
1928 900 sufficient so enable the Police Board To
ul all its duties. There restrictions IN regard
10 the use to be made with the money The apprOpra-
ton is made for cleaning streets under the Police be
partment." Tho act of 1872, by implication If not
pressly, authorizes the removal OF and
Ice, and therefore the Police Commissioners
have much night TO tho appropriation for that pur
pose for the removal of anything else. II the section
does not authorize the removal OF and Ice, then the
board has power whatever in the matter, and could
not remove It, even II the Board OF Apportonment made
special appropriation for that purpose. After ALL the
question OF cleaning the streets is matter Of discretion
with the Police Board Under the charter OF 1878, the
board cannot incur any expense exceeding The annual
appropriation. 1t follows therefore that, although the
statute 1t the duty OF the board to keep the
all times thoroughly clean" the degree OF clcdnl
meas depends upon the amount of appropriation. The
Board OF Police, Therefore In determining the OF
snow and be removed should consider the
OF money 1t has do with, every year should
eXpcnd the at such times will la Ms uds
be mos. for tie public interest and nvenenre.
The commissioners discussed at le ngth the wisdom
would be unwisc and unsafe to any great portion Of
tho S25 900 for the current for clean
ing the snow. the sanitary condition OF the city tho
warm weather would have 10 be provided for.
luton adopted that the opinOn OF the Corpora
ton Counsel left the matter ut the discretion OF the
board, tho Inspector Of Street Cleaning DO directed
~ taxa prompt MEASURES Tor the removal OF aud
leo from the principal and most crowded thoronghares
In accordance with the resolution the de-
edsd TO have the ashes and garbage removed today. DO