The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
THE SEWER ASSESSMENTS.

zBnowosKl's SUIT AGAINST TIE MAYOR EFT Al
DEcIDED-THE CITY NEUTRALITY-SUSPICIOUS.
SIGNIFICANCE OF THE DEcIsIoN-FIyB MILL
ION DOLLARS INVOLVED.
The Court OF Appeals has recently decided most
important question In favor OF the city government,
concerning the right Of the Commissioner OF Public
Works 10 construct without having previously
obtained ordinance Of the Common Council direct
ing the This matter involves the legality Of all
the assessments for sewers which have been
sructed since the year 1865. and Is Of I'm.
portapce to the taxpayers Of the city.
MILLION DOLLARS INVOLVED.
The amount involved In the principle decided Il be-
tween So. 900, 900 and So 600, 900 But has great
political Importance apart even from its bearing upon
the question OF sewerage II 10 understood that there
Is an impending war between Comptroller Kelly and
Commissioner Campbell on the whole question o: the
powers Of the Board OF Aldermen and the Board Of
Public Works. the former being anxious 70 strengthen
tho hands OF the Aldermen, while the latter mat.
ter Of course is determined upon retaining all the
powers or supposed powers Of his department.
|. Ia even intimated that Kelly may 60 SO
far as to sock Campbcll's scalp. 80 intent
is 10 upon restoring to Tho Aldermen all
the old authority OF the Common Council II these
purposes OF the Comptroller carried into execution
the first effect will be Cant bc for strength
cned the Comm ssioner OF Works Ii by the decision
OF The Court OF Appeals in the matter Of tho petition OF
Martin Zbrowosk, an abstract OF which 10 herewith
published Is not likely that he will be disposed to
Yield any part OF the authority vested in him to the
little band OF ''statesmcn" IN the City Hall. In this
CASE closely affecting the interests OF these NUM-
cipal magnatcs as well as the public Mr. Justice
Folger delivered learned and exhaustive opinion.
which was in by the whole Court OF Appeals
with the exception Of Mr. Justice Earle E. SANFORD
appeared for Zbrowosk. appellant and Hugh Cole Tor
ha r
OPINION THE COURT.
q s y hs ~ s s . :Ps
sns . the 20 hs omit Of Il:
Council In the 1865 act passed Chap:
S M". snw e S sS
the whole city for the purpose Of thorough drainng ana
invite proposals and to for the any part
s !" % and %
the work Of and took away from the Common
struction.
built was conferred upon the Mayor Aldermen and Com
never been taken away. The power hns always
sss sSs as
was s .nis.ssd through the xqusSucs Board
Public Works and enacted that wherever any existing
nw the words %
Of fuGs Wor. and hs co," ASusSus, Board was
OF Public WORKS thu.
the Croton Aqueduct Board
by the act Of 1885, above noticed; unless that net
cation by the act Of 1870. Il was not repealed
by by direct reference. 1t not otherwise
e.s es By the s
ssent with the provisions Of the act OF 1870
peaed by implication from the OF the
consist together The OF 1885 inconsisten with
that Of 1870 in this matter Of initiate the consruc
tion oil sewers
IF right in the notion that the Department OF Pub
lie Works succeeded the CrOon Aqueduc Board In the
DOW
necessity for ordinance OF the Common Council to carry
into effect the reposed In the municipality to cause
Then this general besowment OF power
to ordan is g. no effect on the question under
Of the particular given BY the act to the Common
Council and If do not find there that that body vested
there nothing in the gin Of the Common
Council by this which repugnant 80 she 1885,
BY section II OF the of 1870 Is given the Com
Council make such ordinances and with such
ties the therein enumerated and Others
ITO regulate the building and repairing Of sewers
and in relation to the reconstruction. repairs aud OF
the Council to those things which the Common
Coancil has not the power to initiate OF. compel.
house fronts within the stoop lin,, to regulate
the Of streets or sdewniks for signs,
awnings &C. But when it gives power initiate it
wharves and enghcn and extend them and to direct
piers be sunk and drains and
this language In comforting ordinances
together with the fact that By that act the
Department Of Public Works is put In she place Of the
Croo Auueduct Bonrd think the OF that
Board we're continued In that department.
that 1861 repealcd by the act OF 1870
follows that that department resumed the power to
determine the OF and that II
given back to the Common Council
The order OF the General Term should be affirmed