, 1879-08-24
| thorlzed m assessment on contiguous property
abntting on the street improved, for the rst cost,

thotlzed. m assessment on contiguous property
abnttng on the street improved, for the first COST
may be made.
The improvement contemplated. and to which
the assent Is required, is, in and OF ITSELF IN en-
tlrety, and not diYisihle,
In my judgment if the Park Commissioners
should say that they would take. for example.
WASHINGTON street from Union Park to Central
Park: that would be the improvement which would
ingiy. Such lnitiatorr proceedings and concur
renee "ould be the basis Of an assessment. No as
sessment which did not rest upon such basis would
IT., for further example, the Common Council
would decline to acceed to the notion Of the
Eommlesioners In taklng Washington street from
ths taking OF Washington street from Canal street
to Central Park. it would not then have concurred
IN the ''improvement'.; and the same m.y be said
to have the Improvement made II the street from
Canal outward were to be improved, and might not
be Wiling to assent II the improvement were to
might I've willing assent to the APPROPRIATION OF
funds for the subsequent maintenance Of the i'm
provement from C2nal outward. and yet not for =
shorter distance And the only method OF ascer-
tanning the mind OF the community Is through the
expression Of Its two representatives in this case,
to wit: the Commissioners and the city authorities
parture. The conjunction forbids the idea Ut con-
currence when all have not united In assent there
to.
The sole power given is that Of concurrence. A
failure to concur renders the act nugntory. Where
there la power to legtslate upon general subject
NATTER subject to constitutional restrictions, onu
independent portion Of 4 law may be valid. while
another may be invalid, because it falls within the
constitutional prohibition. This Is not similar
case. An ordinance is imperative which Is not IN
expression Of assent.
The ParK Commissioners having already oy rec
ord signihed taeir selection OF West Washneton
street from the river to Central fatk.
that record expresses the sense OF the Board, ana
exhausts its authQrity under the law TO se!ect.
one eimprovemenebnly Is to be made. Tor Whleh
right OF selection is givcn when such selection sna
have been made there remains no further poWc'
In that behalf.
While that resolution stands. do not think me
Park Commissioners can depart from1ts terms. II
the ordinance Of the Common Council conld oe re-
garded as capable Of di'iBion, the Park Comu1is'
sioners could not accept portion OF II, because
their act Of selection has been heretofore e1er'
cised. ,
In the present state Of the record, therefore, the
Commissioners must be regarded as having TAX en-
their position. from which they must either recene
or await The concurrence Of the city authorities
It ia to the improvement, "a / unde derstand, au
thorized By this record. that the majority OF the
owners OF frontage on Washington street hare as
sented. Respectfully, G. ". Smith.
Some discussion followed on the subject, the
members Of the Board expressing the opinlof
that there was nothing further Tor them to az
until the Council shall have passed more
specific and legal ordinance Of curcurrenee
The Board selected Washington stree. last May
and still adhere to the selection.
The Board adjourned until Monday, Sept. l.