New-York tribune., 1892-01-03
MAYOR BOODY'S VETO.
UE ACIs AGAINST THE TROLLEY ofoiT"'
ALDERMEN INFECTED TO OVERRIDE Hin Wv
THIS QUESTION.

ALDERMEN EXPECTED 10 o'En"i
THIS QUESTION.
Mayor Roo,,y sgnazcd his first day IN ono a. 49,.
Chief Magistrate OF Brooklyn, ye''cr"'y' !" ss ~
trolley resolutions as well rs reapoohuhG '"e ~ a.,
d.nartments The trolley matter became iee"c, "
the new Mayor from the previous 'hhi''f''"' -,
causr Mayor Chaplin failed to act upon II oeio'o 80 -,
office The resolution was adopted oy cue '
Aldermen on December Fl. who granted lrhhc"is' "
substitute the trolley overhead wlro eicc'ric ~
for street cars In place Of tho horses now usa o o
r,oc of tho BROOKLYN City. Atlanticave', 'o'cs
island and r,rooklyn and Brooklyn City ana Ne"'o""
Railroad companies. There were seventeen hie"'oci
,,oe.,t and the vote WIS I3 10 T. Those In tpe
negative were Aldermen Teanev. Mcclellan Beaiu anu
Hess all Of whom are in the now Board.
The oueston as to whether the resolution could como
Ieeallv before Mayor Boody IN yesterday ana no
nrocured the opinion Of Corporation Counsel Jehs 10
the effect that he could act In the matter The opinion
/, as follows: ao,
Law Department, Brooklyn, jan :, loo-'
His Honor the Mayor.
submit my opinion upon the question submitted TO ms
to-day The official minutes OF tho Common COUNCIL ''o
tiny forth the transactions Of that body at It's regular meet
ing Of 2t 1891 ofcially presented 70 inc
Mayor on December 29 1891. Section D. Iiue z =" th'
charter provides ordinance or resolution OF te
copmon Counc shall before takes effect be presented
duly certified, 10 the Mayor. III he approves H.
nc shall -lgn II not he shall return 1t, with MS oo
ectonS aud file 10 with the clerk within ten days ser hc
receives IT," In accord with the general principle thaI
Sunday Is De included in computations OF tine nav
heretofore decided in Interpretation of the provision OF inc
charter quoted that Sundays and holidays must pe H.
cluded IN computation the ten days in question ao'
here 70 that opinion. II follows that the minutes IN
eston were presented December 23 1891. the ten
dly, end with the expiration OF January q 1892
Your immediate predecessor had the power to approve
OF any resolution or ordinance embodied in these minute
during that part of days which passed while he
Was Mayor During flight OF time the iaw has de-
VOWED his oce upon you. and certainly any such rc''
luton or ordnance BE- still alive Notwithstanding the fail
ure OF your predecessor approve Of IT, you may take
action upon IT, as Mayor obthe city OF Brooklyn II IL be
dead any action your part would at most be nuly
Very respectfully yours, ALMET F. JENhS'
Corporation Counsel.
The attitude Of Mayor BOody In the matter was
well known as he appeared befor the state Board OF
Railroad Comnis ssioners last summer and argued
acan,t the trolley in behalf Of the Memorial Presby-
terinn Church. in Sevcntlrave. After receiving the
oninion of the Corporation Counsel lie prepared
veto which will be laid before the Common Conncu
on Monday. - III, ~ .n
II is eXpcctcl that the Aldermen Will pAss tilc
resolution over the veto ~ the Mayor next week. \
hearing before tho SHte Railroad COMMISSIONERS In thc
matter Of the trolley is SET down for Weinesdsy upon
ihr application Of the companies ahectcd Dy u"
M.N.r