Year: 1868

disclosed in the BILL and not apparent to me by any nfor


In the amended charter Of the city section 49, chapter
iC laws OF 1857 it provided that whenever any work
s done which shall involve the expenditure OF more
than s25O shall be by contract under such reg
uatons concerning it as shall be established by ordl
OF the Common Council and all such contracts shall
be given to the lowest bidder The act OF lsl5 entitled
an act 70 reduce the several laws OF the C OF ofk
INTO one act provides that whensver anu 20 OI,eh az
shall, In the opinion Of the said Mayor AldeIheh ana
Commonalty, in Common Council conteheu De hsh ~
or desirable for the pubic convenience Vi 70 ~
lay out FORM and open any street Oh S ~, VI
not laid out into streets avenues or sgtafe g snd d
public places by the Commissioner OF ousels ana @
Roads In the City OF NewYOrk, or 10 extend aiter
otherWlse improve any street or sTeets, Vi par ~
street already laid out, or hereafter to be ala ou,


IL shall DE lawful for the said Mayor Aldermen ana C0
mohaity TO order and direct the same 10 ps ot, anu & NJ
cause the same 10 be done accordingly WIN such We.
clear that this improvement should be under the con
troll Of the Common Council which may be presumed 10 De
Of the undertaking. and where the owners OF property
and business interests directly affected can have the full


IL will be further observed that by this bill no assess
ment for damages is directed required and the whole
fitted by the Improvement. The appointment OF three
Commissioners by the supreme Court upon application
OF the street Commissioner 10 make such assessment
10 be superuOus for the that 1t is made the
duty OF the Board OF Assessors appointed under section
and assessments. The Board Of Assessors saaried
officers and receive no fees or COMPENSATION whatever in
addition to such salary for their services On the other
hand 1t will be seen that there is no limit To the fees
by this BILL and would appear unjust 10 the Of
property IN the absence OF any public eXgency 20
pei them 10 bear unlimited burdens in the discretion OF
single officer in addition those which
rily imposed 1t be also remarked. that under the
Constitution and laws in all OF street improve
ments. when assessment for damage well as benefit
To made IL required by Commissioners 70 be a
pointed by the Supreme Court but in all other
when the assessment for benefit alone the same Is
Quired 10 be made by the Board OF Assessors.


IL may therefore, be said that the bill Is not only an
abrupt departure from established policy IN respect of
the matter which II refers hut that its various proy
sons confer very extensive and unusual power upon he
Street Commissioner. The restrictions in the bill are
very Inadequate: and far the cost OF the work Is
concerned which may he very great even with the exer
else OF the best judgment and the most rgd economy,
there is no Limitation whatever tC the discretion OF the
Street Commissioner cannot perceive why, under the
provisions Of tins BILL the Street Commissioner may not
In his absolute and uncontrolled discretion, eXpend mil
lions OF dollars without any notice 10 or consultation
with those who ultimately 20 pay the cost After the
expense has been incurred, special Commissioners are
10 the amount upon the property supposed 10
be benefited, but find provision authorizing those
who pay the amount from questioning the action,
discretion authority OF the street the
premises / do think any such bill should become n
law IT may tend. practically, TO cOnhseate private
property without due legal process. -


While / am reluctant 70 interpOse objections 10 Dills
passed by the Legislature having merely local bearing
the innovation in the mode of conducting improvements
the City OF NewY YOrk the latitude OF the powers con-
ferred and the magnitude Of the interest involved lead
me to return this bin for further consideration.


r. T.. FESTOS