The New York herald., 1879-01-07
A CHECK ON STEAM HEATING.


MAYOR COOPER SENDS IN HIS FIRST VETO TO
THE OLD BOARD OF AI.DERarEN-No PERMIs-
SION TO PRIVATE INDIVIDUALS TO LAY MAINS
IN THE STREETS OF THIS CITY.
President Roberts called the old Board of Alder
men order for the last time shortly after eleven
A. NJ. yesterday. Messrs. Reilly. Diglin. waehner
and Hall were absent When the Minutes of the last
meeting had been read and approved the following
veto message received from Mayor Cooper-the
first which that official has yet written:-
EnNcur"r Esv ERsriE,sKsT; Yoas Jss o.sr 3 ,s7S sM7sL
To THE BOARD OF ALpERxEN =
herewith return. without my approval, the resolution
G a MI f. " ossp nSs%SG and s @
pcrmson 70 use the streets avenues and public places Of
In my opinion the Common Council has not the to
o" h sS the
compensation limitations and conditions under which the
= EDWARD COOPER, Mayor.
Alderman Sauer expressed doubt to the right of
Mayor Cooper to veto measure which had been
passed by Board other than the new Common
Council for 1870. Some further discussion cnsued
after which the matter was referred TO the Corpora
ton Counsel for his opinion.
Mayor Cooper. however. before sending in the veto,
obtained the following official opinion from Mr..
Whitney,
OFFICE OF THE COUNSEL To THE CORPORATION
- . NEw York. Jan. A. 1870.
have examined the question submitted TO the I'd
S s the by II Aldermen "a" rs os Ss%
Board coming in ON January a. at twelve o'clock. noon,
ms has he to ho s s no ."s %nsr
The MsyST has to" s.ss Tn ~ ~, Tssn to . act rs'oa
the mode of computation to exclude the first day from
s ss lat Il l A s nae 5 s
TIA. o.. the Mayer unit, the nso'ins Of the
Sonac,ion e,hsr by way Of veto o, spss has the
III. Sc Ss '' sSs Ss a. SSs
consideration II should be returned within ts days
Il would also 60 effect should be reurned how
Board sond not act ou veto because they haye not Ten
say qf ,s s and ss 10 TOR h veto 70 M Sa on the
hoard as, because all unfinished bushes. Of the
dies wit" Y. sgd Tss !s.essss y ss
THE ALDERMEN HAVE NOT THE POWER TO PASS
RESOLUTION GIVING FRANCHISE 10 PRIVATE
INDIvIpuALA AND THAT THE RESOLUTIONS so
PASSED ARE NULL AND vorD.
The following comprehensive opinion of Cor.
poraton Counsel William G. whitney has been sent
TO Mayor Cooper. As will be seen, IL does away with
all the specious arguments used by General Spinola
aud ''his associates. well as those put forward in
the interest of what is known as the "prall steam
heating prcicct";-
otfick or rHx CoUssft TO Tar CORPORATION,
:. Nfw NoRK, Jan. T. 1879, !
Hon. EDWARD Cooprp, Mayor
DkAR SiR-T have considered the questions submitted
by to In regard resolution adopted by the Com.
mon Council on December ~. 1873 which gives permission
:" lillian H. Webb anu others 10 lay mains aud pipes In
The streets avenues and public places of this city bc
used Tor tho tran OF hot water hot air
Tor tho use OF the city and Its cooking
other purposes After such liberation of the
Ion that is resolution is invalid for the following
fis-Thc fec Of the land constituting many OF the
streets avenues aid public places this city vested in
te ecrporaon having been acquired by grants the
from The owners The fec OF other streets and
public places stu held by individuals although the land
constituting the same has been dedicated To pubc uses
whcther tho foe Is however in the city ali
such Streets avenues and places public highways
tho Common TouneiI can lawfully give permits,
beneath tho surface in those eases only in which n
thorty has been conferred upon the Vommon Council
such permsson by the charters of the rty or nv
acts Of tho LEGISLATURE Such authority has been expressly
among which be mentioned telegraph poles awnings
water pipes pipes and lamps sewers drulus and cu
There L however, no provision In ths charters