BOARD OF ESTIMATE AND APPORTIONMENT. CITY OF NEW YORK. MAYOR'S OFFICE, WEDNESDAY, December 26, 1888-11.30 o'clock A. M. The Board met in pursuance of an adjournment. Present-All the members, viz.: ABRAM S. HEWITT, the Mayor. THEODORE W. MYERS, the Comptroller. DANIEL E. DOWLING, the Vice-President of the Board of Aldermen. MICHAEL COLEMAN, the President of the Department of Taxes and Assessments. The minutes of the meeting held December 24, 1888, were read and approved. On motion, the Board proceeded to the consideration of the Final Estimate for the year 1889. The estimates for the Metropolitan Museum of Art and the American Museum of Natural History were taken up for consideration. Henry G. Marquand, Trustee of the Metropolitan Museum of Art, and Morris K. Jesup, President of the American Museum of Natural History, appeared before the Board and made statements relative thereto. The PRESIDENT OF THE DEPARTMENT OF TAXES AND ASSESSMENTS moved that the additional sum of $10,000 be allowed for each of the above museums provided they be opened to the public on Sundays, after 12 M.; that it is the sense of this Board that they should be opened to the public on Sundays. The CHAIRMAN moved to amend the said motion by adding the proviso, that in the event of the said museums not being opened to the public on Sundays they shall be opened on two evenings of each week, one of which shall be Saturday, from 8 to 10 o'clock P. M. The amendment being accepted by the President of the Department of Taxes and Assessments, the question was taken on the motion as amended. Which was adopted by the following vote: Afirmative-The Mayor, Comptroller, Vice-President of the Board of Aldermen, and President of the Department of Taxes and Assessments -4. The PRESIDENT OF THE DEPARTMENT OF TAXES AND ASSESSMENTS moved that the sum of $335,000 be allowed for Apparatus, Supplies, etc.-Fire Department, for 1889. Which was adopted by the following vote: Affirmative-The Mayor, Comptroller, Vice-President of the Board of Aldermen, and President of the Department of Taxes and Assessments -4. The PRESIDENT OF THE DEPARTMENT OF TAXES AND ASSESSMENTS moved that the sum of $10,500 be allowed for Passenger Elevator and Engine, Repairs to Roofs, etc.Bellevue Hospital. Which was adopted by the following vote: Affirmative-The Mayor, Comptroller, Vice-President of the Board of Aldermen, and President of the Department of Taxes and Assessments -4. The estimate for the Surrogate's Office was taken up for consideration. William V. Leary, Chief Clerk, Surrogate's Office, appeared and made a statement in explanation thereof. The estimates for the Free Libraries were taken up and considered. Robert Sewell appeared before the Board and presented claim of Edward T. Wood, together with affidavits, etc., relative to the matter of Wood vs. Lacombe, in the controversy as to the right to the office of Counsel to the Corporation. Which were received and referred to the Comptroller. The CHAIRMAN presented the following: LAW DEPARTMENT, OFFICE OF THE COUNSEL TO THE CORPORATION, Hon. ABRAM S. HEWITT, Mayor, and Chairman of the Sir, I am in receipt of your communication of the 11th instant, in which you state as follows: "Under what is known as the 'Free Library Act,' the Board of Estimate and Apportionment are requested to appropriate certain amounts of money to the Society of the Mechanics and Tradesmen and the Free Circulating Library. I understand that it is discretionary with the Board whether any appropriation shall be made, but if it be decided to make an appropriation, the question is whether it is then mandatory upon the Board to appropriate according to the rule laid down based upon the circulation of each library. Last year this basis was adopted, but during the present year the amount will be increased if the rule be adhered to. The Board, therefore, is in doubt whether to make any appropriation, or if one be made whether they may confine themselves to the amounts appropriated last year, although the application of the rule would require the appropriation of a larger amount." You state that my opinion upon this question is desired by the Board of Estimate and Apportionment. The statute under which the appropriations in question are sought was passed June 15, 1886, and is known as Chapter 666 of the Laws of 1886, entitled "An Act to encourage the growth of free public libraries and free circulating libraries in the cities of the State.' Section 1 of the Act authorizes any library association incorporated under the laws of this State, and located in any city of the State, owning real estate of the value of at least $20,000 in said city, and also at least 10,000 volumes, and maintaining the same as a free public library or a free library for the free circulation of books among the inhabitants of said city and which shall have actually circulated in the twelve months next preceding the date of the application at least 75,000 volumes, to apply, in this City, to the Board of Estimate and Apportionment for the appropriation of the sum not exceeding $5,000. Section 2 authorizes a further application for an additional appropriation of $5,000 for each 100,000 volumes circulated in the twelve months next preceding the date of such application over and above the 75,000 volumes above referred to. Section 3 defines the term "circulation" as used in the act, to mean the aggregate number of volumes actually withdrawn from the library or libraries of any such library association by the people of the city, for use in their own homes or places of business. Section 4 authorizes and empowers the proper local authorities to make proper provision for the payment of any appropriations which may be made pursuant to the act. Section 5 authorizes the Board of Estimate and Apportionment to annually include in its Final Estimate such sums as may have been appropriated to any such library association, with a proviso that the whole appropriation for any one library association shall not exceed the sum of $40,000 in any one year. A careful reading of the act seems to lead to the conclusion that it was intended to be permissive and not mandatory in its nature. The true construction of the act |