The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-19

tinued In that department by this bill shall be turned
over TO The Department OF Public Works. The sixth
subdiv OF Tho thirteenth Section further declares
that the Department OF Public Works shall have con-
troll OF the CONSTRUCTION, erection, naintcnancc and
OF all buildings now belonging or hereafter TO
be erected Tor the cy except those the polce Fire,
Charity aud Educasional Departments BY COM
ach either Intentionally OF by accident, trans
Lutte control Of all city buildings in the parks.
This provision Will certainly result IN conflict Of
Impossible that such radical changes In SO important
department should be countenanced. IL Is very
essential 10 the efficiency OF the Park Department
that II should have exclusive and ample authority
only about the grounds, but over the buildings stu
ated within the grounds OF which they take charge
understand that III Central Park alone there build
lngs used Tor park purposes Tor housing ANIMALS and
curosiles, Tor restaurants and similar purposes the
control OF which Is an absolute necessity the proper
governments and regulation OF the Park. The Depart
menI Of Public Works has no Other jurisdiction or
control over the parks or any of Them and the
regulation OF these park buildings entirely foreign
10 the purposes OF us Organization. There beside
these, subject TO the sweeping transfer OF the bill,
certain buildings erected by tie Guy and as
an art gallery and museum, in Central Park and in
Manhattan square Tho statute providing tor the
erection OF these buildings vests the trustees OF
collections designed TO be placed therein the caro-
and control ot.the buildings This bill places these
buildings also under the control OF the Comm Missioner
oil Public Works, and tho effect oil the transfer VIII
probably DO to deprive The Guy OF the benefit OF the
collections ntenued 10 be placed there
RESULTANT. LITIGAT.oSs.
Again, the twelfth section provides that the Board
OF Street Opening and improvements SHALL in addition
to their present powers, have exclusive power 10 ac
quiro title to any streets. roads avenues aud public
places In said city This section If enacted WIN at
become the basis OF countless ltgatioDs It's
strict language authorizes this Board acquire
Tue city the title 10 existing streets ony II gives no
power acquire title to land required nor
any grant OF the powers necessary 10 the oi
such authority AS understand existing statutes the
present power OF the bonrd enables ihcm to ncuure
land tor the purposes mentioned south OF Fy-nirth
street. put they have NO such power above fity ninth
street, and tins bill gives thcin mono for II must DO
remembered that statute comforting any such power
is derogation CT private rights and would
this crude and general section 10 acquire necessary
lands Tor street purposes would undoubtedly result in
complicated tgations, with strong probability that
the city would be ultimately unsuccessful
a CONFLICT or AUTHORITY.
nothcrvory serious defect appears upon compar son
ofthe tenth section Win the irst subdivision Of the
fourteenth section Tho former provides that The De-
parment oil Pubic Parks shah have charge OF the side
walks immcd atey apjoiuing any OF said public parks
squares places This clearly the jurisd;c
ton OF that department TO the sidewalk Immediately
provision declares tia. The Department. Of uolic
Works shall have charge OF the streets, roads, avenues
and places Of the city cot including any Of such works
street, road or avenue immediately adjoining any
park or place" This excludes from the control OF The
iublic Works Department both sidewalks OF every
street bordering ON pubic park or place. The tenth
section having gwen the Department Of Parks
troll OF only tho sidewalk adjacent TO the public Squares
X Is clear that sidewalk every street con guous
ID any public SQUARE Is utterly beyond the jurisdiction
TRANSFORMING rnE DOCKS TO PrBLrc WORKS
One OF the gravest objections 10 the b, IL It's at
tempt TO transfer the control 0i the Department
Docks bureau in tho Department OF Pubic Works.
There IS no greater or moro important interest
nectcd with the commerce Of the city with all parts
OF tho world than It's immense ne OF docks, ~haris
and slips, extending already distance OF about fifteen
miles around the cry and destined TO extend much
farther. Inc proper management or this immense
line Is OF the utmost Importance to the commercial
tcrests Of the city II lies NJ the very entrance OF the
great commercial operations OF the metropolis.
There - no department requiring moro honest and
able administration. am informed that there
complaint OF the faithful and efficient manner which
aafl hint lmAnl
present COMMISSION and yet the bill proposes TO abo
Is the commission and TO transfer all IT'S powers
duties 10 subordinate oiccr to be appointed by the
Commissioner OF Public Works ana 10 bs called an
'Engiurer OF Docks" Tho I'M proprcty OF such a
change be apparent to every one. In all The dis
cussion which has taken place before one has
attempted TO defend TINS portion OF The biL II is
moreover alleged 10 = be IN N violation 81 The
ton provides thai all city officers whose election
appointment Is not provided Tor BY the constitution
s all be elected by tho electors OF the city appointed
by such authorities thereof as The Legislature shall
designate Tor that purpose This bin delegates
sve .vvernpental powers affecting private property.
not 10 any city officers elected by the people or APP
pointed ny any uesil mated city authority, but TO
bureau whose chief officer Is called tho En1inocr OF
Docks No specific duties and no defined powers are
devovud eith.r the bureau or It's head although
i'm pcalnn lho whole governmental power now exmi-
officer Of department of The city government. AZ ho
has THIS power he Is city officer, and constuonay
should bc elected or appointed as above. IL he has
this power the control OF tins vast interest nowhere
and - not committed 10 anybody.
4MMt UTILIZING LABOR.
Another expensive change proposed by this bill Is
that IN the event oil us becoming law the Depart
ment oil Public Works. which Is compelled 10 do IT'S
work upon contract urnisned on sealed Dids, would
DO unable 10 receive or use the PRISONERS
puupcrs IN the erection OF bud ings necessary the
purposes oil tho Department OF Charities and Corrcc-
tion. such buildings during the last few years have
been erected at merely nominal cost to tho city by
uilizing sucn labor. TINS bii II enacted would com
pei tue treasury 10 pay Tor outside labor upon
erection. while the classes named would be supported
from the same treasury IN dicnesJ.
LEGAL DifFiCCLfILS.
Section 20 provides that ''lhc head OF the Depart
Public Charities and Correction IN sad CITY
shall hereafter be two officers, called The COMMISSION.
crs vi PUBIC Charities and Correcti The commits
sioner who was president OF SAID department tho
lst OF March, lsI and the other having the short
est term TO serve shall To The COMMISSIONER" The
third Commissioner now existing is lcgisated out OF
tho Fire Department oil the city shall hercai.
ter have Tor IT'S head COMMISSIONER TO DO
known rs the Ere commissioner Tor the city oil
New York; that the Commissioner who press
dent oi tue said department on March / last
shall be the head oil the department until the cxpira
ton OF his present term OF ollce, until vacancy
occurs AZ now provided by law. Section twenty 1--WE
cnacts that tue Police Department shall DO posed
hereafter D Two persons aud declares that tho Com
mssioncn who were president and treasurer Of said
Board March LIST last sla contiunc be such com.
mssIonefs while the Office oil the other acrs
three pr,visons IL Is hardly say they
ara all - conflict with section two o article len Of lhe
constitution Inc officers oil these three departments
coisiitutionaily only BIO appointed by the
of the .ty OF some CITY authorities designated by thc
bors u tho Boards, III which they cxclsed far less
power than those delegated to them by DlI rhc
elect OF these three sections Is nothing or less
than legislative election oil officers named 10 now
positions created by this act The question has
been substantially heard and settled ny The CURT Of
Appeals III several reported cases. notable .inr PEG.
pchgainst AlDcrtson,' Doth New York, 90, "Warncr
against The People, IS DEL ~, $40, and numerous
others. In any event, II this bill should become a
Ian those changes WILL By fruitful sources OF litigation
ArfocRAr
Beside the constitutional question the provision
TO tue Fire department has Two garng detects. FIRST
tirsisates out OF olcc Two Of tho present Couinis
Aloncrs, and lcgisatcs into Office sole auocrat Of
the department, the present PrcsIccat OF the
sion. already under serious charges OF maeasancc,
giving him absolute control OF the dopaottncnt. Sec
ond, IL gives 10 the Fire Department tue ncongruods
duty 81 supervisor. buildings, now dcvovns upon
lssioncr OF Buildings, when their duly, above all
others, needs 10 be confined TO the special object Tor
which they are organizcd TO wit, the cxtInsulshment
oil ires.
Section 20 ofihe bill declares that the Counsel tho