New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-07
WANT CITY WATER FREE.
RIrT DEPUTY COMMISSIONER WILDS
HOLDS THAT THE LAW MUST BE
CONSTRUED STRICTLY.

! The number OF people in New-York who show n
| disnostion 10 evade legitimate claims upon them
| IS not small Perhaps the most striking example
! Is N he found in the numerous citizens who regu-
larly "swear off, the per sonal-tax assessment on
| Them although doubts that II right were
done they woLlG be called to pay far more
! Than tho modest usually called for. The gen
oral nubIlc Is not so well aware that city officials
are subjected constant pressure from people and
institutions hat allege that they ought 10 be eX-
emnted from charges OF one kind or another on
the ground that there Is some color or law To
iustify The exemption. The law provides. Tor IN
stance that institutions OF certain prescribed char-
actors shall not be required to pay for the water
| which they use and hence there are frequent de-
mands for similar exemptions from institutions
whose MANAGERS conceive the idea mat they can
creep under the protection which the law affords.
Under the present administration. tho policy OF
the Public Works Department has been to con-
strue the law strictly and hence a considerable
number OF such applications has been refused
Recently there has been larger NUMBER IMAM
usual Of cases OF this kind All such Applications
are passed on by Howard Payson WIGS the
Deputy Commissioner Of Public Works, ana IL Is
creditable &c the care with which he has considered
every case tina: only OF his decisions mas been
appealed from. The appeal in this instance was
successful owing 10 peculiar circumstances. nut
Mr. Wilds is yet convinced that the court
which Overrued him rendered righteous JunE-
ment
The law governing this matter Is especially IA
mlliar to the Deputy Commissioner. because when
he was in tie Legislature. in 1925. he was instru-
mental ir securing an amendment 10 II eXernptng
societies maintaining public baths from water
charges. The latest proposed amendment was one
exempting the Society for the Prevention oil
Cruelty 70 Animals which was brought forward In
the last Legislature: IT passed the Assembly nut
failed in the Senate The statute as 1t now stands
is Chapter So of the Laws of 1896. II provides
that the several hospitals. dispensaries. orphan
asylums. homes for the aged houses or homes Tor
the reformation or shelter OF females. day nurseries
or CORPORATE, ms or societies for the care and in
struction OF poor babies or needy children ana IN
dustrial HON and any benevolent or charltaple
CORPORATION owning or maintaining public baths
for free school society free circua ting library
now existing in the city Of New-iork. shall not
be required to pay for the water which It uses.
In speaking OF the law and its application the
other day Nr Wilds called attention TO the word
for preceding the mention OF free school so
cieties and said that 1t must be considered sur
plusace He was asked why ne did not have the
superiluous word omitted when ne had the law
amended. and replied that 1t was not in 1t at that
time but had crept in since In some mysterious
Mr. WiIds believes that in law Of this kind a
liberal construction Is altogether wrong. and that
the strictesj construction must be placed on the
language of the statute. His view OF the matter
was EXPRESSED I'm this wise in one OF the letters
which he recently wrote. denying an application:
Under that act Only such institutions as are or
ganiZed and existing for the express purpose there
I'm stated are permitted exemption TO property
necessarily used for such purposes and owned by
such institutions.
one Of the applications lately made FOR excmp-
ton came from a sanltarium hospital or some
thing OF that kind which Mr. Wds became con-
vinced on making inquiries. Was hospital In
name only. He found that II was an institution
conducted by number OF physicians simply FOR
their own convenience and the convenience OF their
patients: that there was no house STAFF. or any
thing OF 4 similar nature. that each physician had
charge OF his patients. who were kept at the
sanitarum so TO he treated easily. II need
hardly be said that this application was promptly
denied Another ease under consideration not long
ago was tina; OF . society. which asked FOR eN-
empiions and cancellations OF water rents 10 the
amount Of $1,000 for a number Of schools under It's
control on account Of the large amount involved.
In talking on the general subjec, the Deputy
this kind convinced that the statute should
be strictly construed. As 20 the practice 81 the
not Informed pTh,re Is plainly a door here FOR
abuses. The only safe rule Is 10 follow The letter
times 70 determine whether an Institution making
application comes within the meaning Of the stat
Of day nurseries implies amphcaton 81 the
idea involved I'm day nurseries In reference 10
carry on a free common school and own the prem
iseS IN order to come within the law. TAX" the
case or any corporation maintaining punIl' na,iF
which ] was instrumental IN having inserted IN the
act Why, under that not long ago. th"r" was an
application for free water from what was neither
less a swimming school on the
ground that II both public bath and hos
pital! OF course. the Application was summary
thrown ont