New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-04-16

rtical spoil, and that the inspectors, as rule are
entirely without qualification TO pass upon the gooo
moral character of the applicant for license. -.
a favorable report having been made the appncant
before he can receive his license, has to give BOND
with two sufficient suretes, that he will observe the
law Such bonds have been forfeited TO the extent OF
thousands year for many years and not one nas
ever been enforced. As soon license has been
revoked the ncepsee sells, pretends 10 sell, his
fixtures and goodwill. He may sell TO his mother,
father, we, brother or barkeeper VINO apples loI
license which is usually granted, and the same place
goes on, in the way, under the same management
The Commissioners seek 10 protect themselves against
fraud by requiring the production OF bill OF sale and
the affidavit Of the person whom they have already
Interest in the place. They have no means Of testing
the bona des Of the bill Of vale They never go Oe
ton TO the relations between him and the new appi
cantswho may have been Ms 6ar6eePer ana a @
place begins de nOvo with each new license. Each
DistnctAttOrney finds a large arrcarage OF excise
cases. and to even attempt 10 take care OF those which
arise during his term, he pgeonholes most, II moi
ALL that I'm the Office al the time OF his installation
In view of this condition of affairs 1t is our opinion
that the law would be more readily enforced II the
license ran, not to the individual only, but TO tns
place This change would prevent tne iTand w Efsn
giving Of bonds which are not enforceable ana py
the relicensing Of places virtually In the interest %
the very persons whose licenses have been revoked
In our opinion il would be also desirable In order
that the excise law might be enforced, that certain
commissioner, number OF commissioners, shouu
be assigned specifically TO the granting OF licenses
and their duties confined to that function That q
certain other commissioner or commits soners shono
be assigned exclusively to the trial Of complaints foG
tho revocation Of licenses, and that in every case
where aGs is made 6 Be- p the GS Of or
commissioner or commissioners for revocation to at
notify the parties arrested or complained OIL pro
oee fbo 70 y Sd ~ law w Tho Wqnr for the action
Of the criminal courts, the determination OF such
commission or commissioners 10 be hnal, so far US
the capacity OF the person or place for VINO
the license has been revoked to be racensed but the
evidence taken before such commissioner or commls
bic On hOi rOOclu be
admissible in evidence in criminal court for the I'M
position of the fines and penalties prescribed by law
for violation Of the statutory provisions.
THE CITY ORDINANCES
We find that the representations Of the present
Mayor of New-York, with regard to the condition Of
the city ordinances contained in his annual message
of January $780, in all respects correct and vel
founded AS these ordinances stand to-day they are
In the most chaotic condition, and 1t is practically i'm
possible in many cases to tell what is what is not
an ordinance Of the city. The result OF this Is con
fusion and disorder in many matters in which the duties
OF the officials or the rights OF parties are depehuen
upon the meaning of the ordinances It Is most urseh
that this condition OF affairs should be renedled VIVID
The committee recommend the passage of a law
providing that the Board of Estimate and Appor
tionment of the City Of New-York shall, within
thirty days after the passage thereof appoint Two
commissioners, who, with the Counsel 70 the
Corporation and the Mayor, shall constitute q
commission for the compilation, revision and
amendment of the ordinances Of the city. Inc
said compilation, revision and amendment shall
So soon as the same is completed. be reported to
the Board of Estimate and Apportionment and
the Board of Sinking Fund Commissioners. upon
their recommendation and approval the ordinances
shall be submitted to the Board of Aldermen foi
adoption. The report continues
THE BOARD OF ALDERMEN.
As the Board is now constituted 1t does not prop
erly and proporonaely represent either localities oil
numbers. Prior to 1867 the ward was the unit Of
representation in the Board of Aldermen. In 1867
however, the principle Of ward and numerical repre-
sentation was abandoned This was done at thc
solicitation Of the controlling members Of the DOM
nant political party and without any demand for such
change on the part Of the people. With the adoption
OF the Assembly district the unit Cd local representa-
tion the representation Of localities, in the proper
sense of the word ceased to exist. The present AS
sembly districts Of New-York City apportlOned
in the year 1879, since which time they have not
e Sbe pr population has resulted in creating tin
greatest Inequality between these districts in The
ency of 1000 has the same representation a.
like constituency Of $4,000. The prnclp'
of numerical equality, therefore, GDds no appli
cation whatever IN the Common Council of New Yorl
city. The same may be said Of the principle OF 10
"i Until the time Of Tweed, the government Of New
York City was in reality government by COUNCIL d S Un
powers until the Board Of Aldermen is scarcely NOR
than an institutional survival 1t has been deprived
the power Of confirmation of the Mayors appointments
it has no control over the budget; Inc proNsloha
estimate is submitted TO it, II has the power to recon
mend the increase or reduction OF appropriations; IN
Board of Estimate and Apportionnent is under ~
obligation to pay any attention to Its recommendations
The result Is that the Board of Aldermen makes II,
recommendations, but approves OF the estimates IN
formal way and with equal fOrmality but without AM
power eyes the aXG Sdor Here a soR the fae e q a
that IL Is the proper agent OF the community Tor the per
Torrance If this duty. but In fixing the amount o
which tax il has authority so far as public service
concerned the Office Of Alderman Is almost complete
slnecure. the effective work requiring and receiving 9u
small fraction Of the time or attention OF the Al
dermen. IN. ,.,. - -
form other functions than those now entrusted 70 IL
and Is not TO be made, by proper legislation thor
oughy representative body TO which larger local e Ell;
its present functions should not be distributed amon
the several city departments and the Board reduced L
the smallest possible number compatible WIN inc CHAR
There is but one other logical alternative. which
limitations as The experience Of the city Of New Yor
and Of other cities show to be wise that the number
members be Increased. and that true and equal rep
rcsentation, numerically and teTitorally, be provide
'O'' THE DOCK DEPARTMENT.
We have not yet completed the investigation of tn
Department of Docks But, from the testimony
already TAKEN IL is evident that certain changes SHOULD
be made in the existing laws The Department h
had difficulty in collecting penalties for violation o
its rules made under Section III Of the Consolidation
Act We submit the following bill as furnishing an ap
pSrrfIon l. Subdivision Of Section 3215 of tn
Code of Civil Procedure is hereby amended so as L
read as follows; ,.. -. =, a.
90 An action to recover penalty gwen by IN
charter of the city of New York, Or any bylaw O
ordinance of tho Common Council of that city, or an!
Of Inc rules or regulations Of the Board of the DE
nartInent OF LOCKS of the said city. or To recover
penaity given oy the statute Of state, where all tn
penaltes. 10 recover which the action IS brought, d.
"o Consideraoe dOubt and confusion now exist Wit
reference :, the Jurisdiction OF the Department o
Docks over he exterior marginal streets. In III
Connection TIE committee presents the following bill
| and recommends It's passage: