New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-06-13
Council Wants State to
Regulate the Building
Height.
AMENDMENTS BEFORE
ALBANY CONVENTION
Attitude Result of a Series OF
Conferences on the
Subject.

IT., and Arthur j. w h''e' %
mon. House Committee Of the Ne"
York Charities Organization Society,"
~ John c. Gebhard, Ralph X Jacobs
and Charles Coleman Miller, Of the
proot1yn Bureau OF Charities, and
raul Railev. Edward c. Blum, Will
90, N Calder. John J. Kuhn, water
I;,drcr cyrus {. Miller and Frederic
y pa. e the Advisory Council OF
Pa Estate Interests, it was declded
80 submit on behalf of these organlza-
Lt,one three constitutional amendments
- +be convention AT Albany. Ihese
or,ordD,ents we're introduced on Fri
7 Jav. June II. BY Mr.. Bannister. me
! fret amendment provides for the legal
/ ;7s..o, Of buildings heights restric-
! lions. and reads as follows:
. "Tbe LEGISLATURE shall have power 10
| limit the height and dimensions o.
/ buildings in cities, towns and villages
/ If tho state by provisions which apply
| "a sucb cities. towns ard villages gen
erallv. or TO parts or districts therein
! and 10 amend such limitations from
! time to time. ,,..,.
This power may he exercised dlrectlF
| or NAV be exercised by authorizing
! towns, villages or cities to exercise the
| same in such manner as may pc pro-
| vided by the Legislature.
Although the charter cOnfers author-
itv upon the Board Of Aldermen TO
mass ordinances with regard to the re-
striction of buildings heights. and
recent act of the Legislature lntrusts
this same prerocative to the Board ol
Estimate, nevertheless there might De
eome question as to whether or NOT
these special grants to the city on inc
part of the Legislature are constitu,
tional, under the principles emoodled
in the Federal Constitution. granting
TO every citizen the equal protection
of the laws and guaranteeing that no
one shall be deprived Of his property
! rights without due process OF law.
Several cases have already been de-
cided by state and federal courts rela-
/ tive to this legal question, the most
| CONSPICUOUS being those few cases APP
pealed to the United States supreme
! Court from the Massachusetts courts.
An act of the Massachusetts, Legisla-
! ture provided that no building IN
/ course Of construction or to be built
/ facing Coplev Square, in Boston. should
/ exceed 4 height of 100 feet, and stlpu-
! lated for the payment of damages for
any loss incurred TO property owners
| thereby The state and federal courts
upheld this act under the power OF
/ eminent domain as in aid of a park,
and even intmated that il would have
, been upheld under the police power.
Maryland passed an act after the
Baltimore fire. providing that in a GER
tain restricted district no building
should be erected TO exceed a height
OF seventy feet above the surface Of
the street. The court upheld that this
was q reasonable police regulation
particularly for fire. while ii seemed
TO approve the view that as auxiliary
to such questions aesthetic consider
ations could be interiected. There has
been merely dcta IN New York cases
upon this subject, although the courts
have upheld ordinances which prohibit
the erection Of a billboard exceeding
six feet in height, as within the police
power. Upon the grounds Of public
health and safety, as well as FOR econ
omc reasons, il would appear that tn
restriction Of buildings heights in r..
/ city Of New York, within certain &c.
Sonable limitations, would be adv
able. Under these conditions il w.
/ deemed expedient TO offer an amend
ment TO the constitution which wou.d
definitely sanction the exercise of such
power by grant from the Legislature
10 our city administrations, thus OBJ
WAITING any subsequent difficulties that
might arise upon constitutional
grounds.
The second amendment relates pri-
marily to coming and distrctng the
city for industrial, commercial, residen-
tial and other purposes. This amend
ment reads as follows:
1.-THE Legislature shall have power to
limit the use and character of the oc-
cupancy of buildings In the cities,
towns and villages of the state by pro-
visions which apply to such cities,
towns and villages generally, or to
parts and districts therein, and TO
amend such limitations from time TO
time.
This power may be exercised directly
or may be exercised by authorizing
towns, villages or cities 70 exercise the
same in such manner as may be pro-
vided By the Legislature"
The final amendment submitted to
the Constitutional Convention is as
follows:
"The Legislature shall have power 20
authorize the towns villages and cities
Of the state to take real property which
is dangerous TO public health or safety.
and 10 sell or lease the same. subicc-
20 such restrictions as NAV be deemed
20 be in the public interest. Propertg
taken pursuant TO this provision shall
be deemed 20 be taken for public use.
"lf this amendment is adopted the
legislative authority to condemn pri-
vate property for public purposes,
u L.
nuisance or as danger TO public
health, will become certain. Such pre-
negatives have already bees exercised
by the Legislature in condemning un-
sanitary premises for park purposes,
as, for instance, in the cases of Hud-
son Park end Mulberry Bend Park.
To-day while buildings are condemned
under the power of eminent domain bv
the Legislature, COR reasons OF public
health or 10 abate a nuisance, vet the
land remains IN he possession Of the
owner. This amendment permits the
city to purchase the land, At A fair
, value, and resell IL upon such terms
as IL desires, whenever public interest
so demands
In all these amendments the rights
OF the property owner are thoroughly
. and completely protected and cor
served. under the provisions OF the
Federal Constitution. which conclu-
sively prescrbes tina: private property
shall not be taken for public purpose
without just compensation. thereby in
surfing to taxpayers the equal protec-
ton Of our laws
Plans to Connect Rockaways.
The plan to connect the Rockaways