New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-14
E. M. Bassett Says Commu.
nifty as Well as Private In
terests Are Protect
ed There.

Edward NJ Bassett. chairman OF the
Heights OF Buildings Commission, spent
part OF the summer in Toronto, ont, for
the purpose Of studying the effect Of some
Of the recent provincial laws and city
ordinances regarding the height and ar
rangement OF buildings.
Toronto is now a city Of about 100000
inhabitants, and is growing rapidly" says
Mr. Bassett "One does not have to go
to Europe TO see city government where
the law of the land protects community
rights as well as private rights.
Although Canada has what Is called
written constitution, the courts do not
have the power TO set aside legislative
acts on the ground Of unconstitutionality
For instance. the provision OF the Eng
Ish bill OF rights providing that private
property shall not be taken except Tor
public use and on the payment OF just
compensation. is part Of the unwritten
constitution Of that country.
Parliament has however. for many
years passed special acts, whereby city
could take by eminent domain plot OF
land out of which one or more streets
could be carved. and could resell Tor
building plots the parts not used for
streets. The courts OF New York State
construe the same privision in our written
constitution TO prevent taking more land
than is actually needed for streets.
Toronto and all large Canadian cities
are saving money every year by opening
streets by the method OF excess condem-
nation. and neither the cities nor private
owners think OF II as anything unusual
or as transgressing private rights.
Toronto is doing other things, as
matter of course which help the COM
munity and do not hurt the individual
property owner--thngs that are not done
in this city, because in some cases they
are deemed unconstitutional, and In others
community cooperation has not been OBJ
tanned.
Under the permission OF provincial
law Toronto has passed an ordinance
limiting the height OF buildings 10 Il"
feet. which is about eleven stories. IL
should be said. however. that on two &C.
casions the City Council has later al
lowed concessions for higher buildings.
"One of these Is the building Of the
Canadian Pacific Railroad, which is 2bo
feet high. the tallest building in Toronto
OF course Il Is plain that Limitation OF
height OF buildings TO which exception
Is made in favor of influential applicants
"a worse than no regulation whatever.
"In New York City the charter gives
the Board of Aldermen power TO pass
ordinances limiting the height of buildings
subject 10 approval of the Board OF Esti-
mate This power. 4 exercised for safety
and health. Is not considered unconstitu-
,ionaI I'm our state. II a limitation OF
height were duly adopted. our courts
would not permit exceptions to be made
by the municipal authorities at will. The
Toronto people appear TO be determined
that no more exceptions shall be made
In that city.
The value OF a height limitation de-
pends upon its fairness and It's perma-
nency. and no limitation is fair that is not
also substantially permanent. Toronto
also enforces an ordinance which provides
that no wooden or frame building intend
ed to be used for human habitation shall
be erected or altered 80 as to exceed
thirty-five feet In height
THE Province OF Ontario has empow-
cred the city of Toronto to pass ordinances
controlling the erection of apartment and