New-York tribune., 1879-08-27

Common Council began TO assume control over the
streets. not merely to keep them in order Tor the p
poses for which they had been laid out, but to permit
obstructions in certain instances though II was re-
served for their successors to go to Toe eDgh Nnen mas
since been reached.
The Revised Ordinances Of 1889 chapter xxi title
2) gave the Mayor Street Commissioners and mem
hers OF the Common Council power TO order " any
article or thing whatsoever. which may encum-
her Obstruct any street TO DC removed;
But the same ordinance gave persons the night TO OBJ
struet the streets upon written permission IRON The
Mayor. Of the Aldermen or AsSistant-AiefSD, of
Of the Street Commissioner.
This ordinance provided for the proper ineosure Of
entrances to Easements, regulated the construction OF
hanging OF any sign show bill show-board, goods or
merchandise az greater distance than one Oot tIoin
he outside of bu dings and the receiving and deliver
ing OF goods the sidewalk some OF thcse
Was swept away entirely by an amendment of July 81
S7adOpted the veto Of the Mayor and 80 far rs
city can give away what IL holds only III trust, Inc
streets and sidewalks in the commercial districts have
ceased be passage ways for the public and are the
property OF the merchants doing business ln them'
THE CHARTER OF 1857.
The ordinances in relation streets. passed prior
to that time it claimed received legislative sanction
by the Charter of 1887. 1t created Street Depart
ment (Which had previously existed only by city ord-
nance which should have (Sec 23 "cognizanee or
opening. altering, regulating, grading, etc, Streets
roads, places and avenues under the ordinances Of The
Common Council" (Sec. 2sl. It shall be lawful for
bureaus herein created such duties they may direct
not inconsistent tins act, and the duties thereof
shah be performed in accordance with the cnaref ana
laws aud ordinances Of the ety., etc See 81 Onii
the Common Council shall otherwise direct, tue exist
ing ordinances shall apply 10 tae departments herein
mentioned lar the same is applicable TO ana NOT
inconsistent with this act
II claimed that II any doubt had previously ex.
iste6 the pOwcT OF the Common COunc 10 permit
the obstruction OF streets and sidewalks was SET az
rest by this charter On tae 4her nam 10 'eFS cnt re-
lawyers OF repute who Ssd that woud DC me W
thar theory by the words above quoted tgat Tue
Common COulcil could assign duties 10 the depart
ments and bureaus only within ne in's % vrorI or
purposes for which they crcatcd that tAe NoFI
that the limiting words accordance with the c1ar
of the city" showed that the Legislature had no a.
whch il dId itself possess, OF dcprVlnS the poPe
of thor chartered nights. Tie common C0nen NJ ~
thus past action had been sanctioned Y tne LSlsl
rc, md that unlimited power over the streets VI Nc"
York had been given IL for tAe lature'
BUREAU OF PERMITS.
An ordinance was passed (ISev Ordinances, 1889. p.
279) authorizing Mayor and Street Commissioner 20
permit distinctions streets and another was ap-
proved February 2i 1866, vcstDS in the Mayor, under
certain restrictions all the power heretofore exercised
by the Mayor. Aldermen and C0mmonGlty. or by the
Street Commiss OEcr in granting permits for show
eases or stands for the newspapers fruits, books
or other merchandise thing whatsoever, cucumber
ing streets sidewalks An ordinance OF January
g. 1876. organized u Bureau Of Permits for wnaryes.
pers bukIeads. for putting out signs, Cor the
erection of stairways or hostways over sidewalks
Bureau OF EncumDranccs in tic Departmeut OF Pnnc
Works created by act Of Legislature April ls,
1871 the superintendent Of which snail receive all com
plants relation TO encumbrances on the streets or
sidewalks, and shall remove them.
THE CHARTER OF 1873.
The charter Of 1873 in section H. which is unchanged
by the amendments OF 1874 and 1873 specifically
defines the powers of the Common Council The follow
ing clsusos pertinent to the present subject:
Ffrst-To regulate traffic and sales in the streets,
highways; roads, and public places.
SeczndTo regulate the OF the streets, etc, by
foot passengers animals, vehicles and locomotives
Third-To regulate the Of sidewalks, and prevent
thecxteusou of building fronts within the stoOp lines.
FOUYtt-fO prevent eEcrOachments upon aud obstruet
Ions the streets etc. ana 10 authorize and require tho
Commissioner of Public Works TO the same; hut
they shall have no power 10 authorize the placing or
continuing Of any enerOachment or obstruction upon
any street or sidewalk, except the temporary occJpa
ton thereof during the erection or repair Of building
Hmm-To regulate the use of the streets and side
walks for signs, siSnpcsts awnings, awnngposts etc.,
SEteentt-In relation 10 exhibiting banners placlrds
or ~ or across the streets or from houses OF o'hcf
Serenfceat9In relation to the exhibition Of aGver-
tsements handbils along the streets. avenues and
These provisions created great confusion among the
different departments. The Board OF Aldermen has
over the streets and Sidewalks while tie Mayor sup
ported by the opinion of the Counsel to heCorDoration
held that they deprived them OF all power 10 grant
NJ sOn to obstruct sidewalk No permits have
been issued recently except IN accordance with the or
dinanees and FOR things which do not obsruet outside
the stoOp lincs aud the Board OF Aldermen
again took the matter I'm hand personally,
as in years gone by and every session have adopted
resolutions giving permission for distractions all
sorts Many of these resolutions have been vetoed by
the Mayor and passed his In several
instances the superintendent OF EEcumbrances has
moved ODstructious under the authority vested III him
the courts have appealed and while he has been
etioDed from interfering with the Obstruction pending
decision. the person obtaining the injunction has been
permitted 10 go on with his obstruction. Decision In
one of the important has been reserved for
more than two years by Of the justices Of the S
preme Court, and the decided has been pend
ing long that the superintendent of EAcumbrances had
nearly despaired of a decision.