New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-31
APPOINTS A COMMISSION,
Z. Is to Report Plans and Cost OF
City Lighting Plant.

rr,ssa Johu F. Dillon says that the city has
mower under the charter TO build ana operate
lighting plant On receipt OF cohcGiil4s 49, go
from Mr. Dillon and Corporation Counsel DeiaiS
,-.s.zraav the Board OF Estimate adopted resOIu-
,jon appointing a commission 10 draw gene a.
mans and specifications. with an estimate Vi 'hs
cost OF such plant. The commission appoAh'eu
s. Nelson P Lewis chief engineer OF the poefu'
1orosessor George G. Seaver. OF Columbia Uni
yersitv and Cary 7. Hutchinson Aessrs. Sea'e'
xnd Hutchinson, an expert commlttee' li"eS @
technical report the same suDIect TO the las'
administration The commission is to consult with
Street Cleaning Commissioner Woodbury. as 10 lhe
mower that could be produced by the citys waste
When the opinions of Messrs. Deany and Onion
had been read. the Mayor moved for the appoint
Inent OF the commission
Mr. IIttleton wanted amend the mouoh 50
II would include an estimate OF the cost Of supply
sns the Hight 10 private consumers. but the Mayor
objected and the amendment was later auopteu
rs an Independent resolution. Mr. Grout tnought
fhe commission should consist of constructing en-
sineers and suggested that Westinghouse. Chufch
Kerr g. Co. syho helped equip the subway. De
invited TO cooperate with the commission II was
decided that practical engineers could be called IN
when the plans and specifications had been drawn
Corporation Counsel Deleny, in concurring III eH-
Judge D.llons opinion, said:
! have made a careful examination not only OF
the law of this State bearing upon the questions
but OF ali the recent authorities in the various
sid TO correot decision, There is one principe
which tlInk MAJ SAID 10 Dc 1a4ily f-sllS'f0iN
by these decisions, namely, that the erection ana
Speration Of q plant for lighting lie streets anu
public buildings % city are among me A!plleu
bowers OF q municipal corporation, and that II our
Charter had entirely silent upon the SUBJECT
We would still have power TO erect and MAINTAIN
such q plant
Ex-Judge Dillon. in HIS opinion, said
CHIEF Justice MarshalTs famous canon OF con-
etruction is an analogous case TO the power OF
Congress, is applicable: Let the end be leSlthlale
let il be within the scope Of the Constitution T. and
al means which appropriate, which are pam
l. adapted 10 that END, which are not pTohloiteu
but consistent with the letter and spirit OF the Con-
stitution constitutional ....-
SO here. The end-lighIing the clty-is legitimate
for the charter so expressly declares and the
Trant of such power carries with IL all means
which are appropriate and plainly adapted to tlat
end which not prohibited by the chaTter OF lhe
CITY or the laws OF the state
The power OF the Board of Aldermen TO select and
determine the most eXpeuient or adYlsable means
exercising the power OF lighting the city IS leg
:slative IN It's nature ana the wisdom or its de-
Termination is subject 10 judicial revision OF
: i therefore think II indispensable THAI unless
there is found in other provision or law OF
IN the charter, limitation upon this power. the
power thus given to the city 10 proNioe Ior iiSt
ing the streets gives Legislative body OF the
city for authority determine IN what manner u
viii make this provision.
The proposition that the purchase from private
corporations parties is the only method by when
4he city has power 10 obtain light would lnNoIE6
very serious consequences 1t would Tie the haIluS
OF the city and compel! or might compel IL 10 puy
ats light from a monopoly
The power to provide for lighting the streets of
act upon the city Of New-York or any department.
or. official thereof" is, In my opinion one OF me
powers for which bonds may be issued under Sec
Hon q Of the charter as amended III 1904.