New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-12
CAN REGULATE
BUILDING HEIGHT
Convention Conference
Says Legislature Has
Necessary Power.
BY the Advisory Council of Real Estate
Interests.


Interests.
There was probably no constitutional
amendment which received more repre-
sentative or influential support than
that relating to the limitation of the
height of buildings and the districting
of cities into zones. 1t was actively
urged upon the convention by the Ad-
visory Council of Real Estate Interests,
the Chamber of Commerce. the Mer-
chants Association, the Brooklyn Blu
reau of Charities, the Charities Organi-
r. ion Society, the Fine Arts Fedora
ton, the Municipal Art Society and the
Fifth Avenue Association.
This amendment, originally drafted
BY Paul d. Cravath, Walter Lindner
and Lawson Purdy, would have spe-
officially conferred upon the Legislature
power to delegate to cities the right TO
crate, fix and regulate areas of dis
tricts for private residences, for the
location of trades and industries and
for the protection or Improvement Of
particular localities, as well as limiting
and regulating the height, dimensions,
kinds and uses Of buildings, by dis
tricts or otherwise. 1t was revised in
more concise form by exJudge Morgan
]. O'Brien, Louis Marshall, Arthur J..
Baldwin and Professor Alfred g..
Reeves, while there prevailed unanim-
ity of opinion among both political
parties at the convention in favor OF its
adoption. Having been reported IA
vorably to the convention by the Cities
Committee, the amendment would have
L 4 l. . tlv lftr
ing its last session If II had not been
the consensus Of opinion at confer
ence with Senator Root. attended by
President McAneny of the Board Of
Aldermen, Lawson Purdy, president of
the Department of Taxes and Assess
ments; Walter Stabler and representa-
tives of the Advisory Council. that the
power which was sought 10 be moor
porated into the constitution now re-
sided in the Legislature and could be
exercised under the decisions Of the
United States Supreme Court by cities
Notwithstanding the fact that thirty
amendments, approved by various sub
committees, were placed upon the cal
endar of general orders in the conven-
ton, Senator Root specifically directed
that the amendment relating to the
limitation of buildings heights and the
coming Of cities should be placed upon
the list of special orders for immedi-
ate Consideration of the convention.
This privilege was accorded 10 no other
amendment upon the list, with the re-
suit that Of all the amendments TO be
considered during the last day of the
session this particular amendment was
the only one among the special orders
which was permitted 20 be discussed
out of its regular sequence on the floor
of the convention. In order to accom-
plish this sufficient time 20 discuss il
was given between the debate on the
bill of rights and the discussion of the
minimum wage proposal, the last
amendment 20 be deliberated upon by
the convention.
In order that property owners may
thoroughly understand the general SEN
timent that prevailed in the Constitu-
tional Convention with regard 70 the
Limitation of the heights of buildings
and the districting of cities into zones,
the remarks of Judge O'Brien and Pro-
lessor Alfred G. Reeves are quoted YER
batim. During the discussion there
was no opposition manifested by any
delegate or any speech delivered
against the amendment. This fact in
itself was unprecedented during the
con sideration of any other amendment
before the convention. The remarks
of Judge O'Brien are as follows: