New-York tribune., 1903-04-17
FOR A NEW COUNTY COURTHOUSE.
a Legal View of the Need and Propriety Of
the Commission Bill

To the Editor of The Tribune
Sir: In your editorial of this date relating TO the
bill recently passed by the legislature by which
the Mayor is authorized to appoint commission
to select a site for new courthouse for the Su-
preme Court and to erect building upon the site
thus selected. you state that you have already
expressed the opinion that the municipal govern
ment was adequately equipped TO take care OF
matters of this sort without the intervention OF
special commission"
The same view was at first suggested by certain
of the municipal officers. But q careful examina-
ton of the question undertaken by the members
of the Association committee. brought them to
the unanimous conclusion that no authority TO ac-
quire land for that particular purpose nor 10 issue
bonds for the acquisition of the site and the erec-
ton of the new building, vested in the city
under the terms OF its charter, and think thaI
shall violate no confidence in adding that the same
opinion Is held by the committee Of the supreme
Court Justices and the Corporation Counsel The
key to the solution of the question lies in the fact
that the erection of courthouse for the supreme
Court is not municipal purpose Moreover al
though certain of the city departments are Nesteu
with authority adequate to the erection OF puhd-
ings for their purposes. an examination or the
charter discloses that none of them has authority
TO make suitable contracts for the erection OF
county courthouse Is equipped to supervise Its
were desirable to amend the charter in such man,
ner as to authorize the GlIy SO Which would be
comparatively easy 1t would still be necessary Dy
long and complicated amendments, to create ma
chinery to exercise the powers thus conIerEea- ~
think that there be no question that tne
legislature might itself have appointed conmlsslol
ers TO erect county courthouse at the expense Of
the county, and that such a Dill could De fedUiIS
drawn in such a manner that it need not even De
submitted for the approval of the Mayor. Bus 1se
the present bill leaves the matter In the enuIe
control of the local authorities by Providlpg tas
the commissioners shall be appointed oy tIle
Mayor and by requiring that their action in Sc
Iecting a site. and in making contracts f4r me me
erection of the building. shall be approved oy the
Board Of Estimate and ApportionImsnt biC In cleT
of these. and of still other provisions 10 WHICH !
need not now refer 1t cannot justly be SAID tHae &
the present bill is in any respect violatve OF tie
salutary principle of home rule -, ,,,
respects the LOCATION Of site the, the ony M yso5h @
Of Franklfn-st and it seems to me that, supJecct
to that limitation. the question may safely oe Tr ct
Mavor Low. If as you to think the OIL! IN II
dicates a preference for a site in the Clty I1et
PARK il does not correctly express the intention
Of its trainers whose sole purpose was 70 EN-
with a free hand. And you will OF course, o3o -
serve that the bill cOnferS abundant aulnorIIy -
acquire private property, either by voluntary pur
O@'o'' VI LEWIS L DEI4AFIELD.
New York April t. 1903