Resolved, That a committee of two be appointed by the Chair to examine the securities held by the Commissioners of the Sinking Fund of the City of New York, and to report thereon to this Board.

Which was unanimously adopted.

The Mayor appointed the President of the Board of Aldermen and the Chairman of the Finance Committee, Board of Aldermen, as such committee.

The Comptroller presented the following report and offered the following resolution relative to the ownership of property leased by the city:

To the Commissioners of the Sinking Fund:

January 24, 1902.

GENTLEMEN-Among the matters coming before the Board at its meeting to-day are a number of proposed leases of property to be hired by the City, and the making of which leases has been approved as to terms, etc., by this department. I find, however, by an investigation which I have been making during the past fortnight, that in many cases in the past such leases have been made by a dummy, known as the lessor, and not by the real owner of the property. The real owner in such cases has usually been a man of some political prominence, and the dummy has been some one who, so far as the records in the Register's Office show, was without any title to the property or any lawful right to make the leases. I have not yet completed such investigation, and am not able to report to you as yet in detail concerning same, but will do so probably at the next meeting of the Board.

I do not consider that the interests of the city are safe in the case of leases so made. In the case of the leases recommended at to-day's meeting, I have not been able to make the necessary investigation as to whether or not the proposed lessors are the real owners of the property, and I request that all such authorizations of said leases, whether they are new or renewals, be made subject to the examination which this department will make as to the real ownership.

Respectfully,

EDWARD M. GROUT, Comptroller.

Resolved, That all authorizations by this Board of leases to the City are hereby made subject to an examination of title by the Comptroller, for the purpose of ascertaining whether or not the persons named as lessors are the real owners.

The report was accepted and the resolution unanimously adopted.

T:

following opinion was received from the Corporation Counsel relative to

Board of Education and the new Tenement House Department:

3

[JANUARY 24, 1902.

January 10, 1902.

Hon. EDWARD M. GROUT, Comptroller;

SIR-I have received your letter, dated January 4, 1902, in reference to leases of real estate for the purposes of the City of New York.

You state that prior to January 1, 1962, all such leases were presented to and passed upon by the Commissioners of the Sinking Fund under the provisions of section 217 of the Greater New York Charter.

You also call attention to section 1066 of the Revised Charter relating to leases for the Board of Education and to section 1331 relating to the powers of the new Tenement House Commissioner. You then asked my advice as to whether "leases in both these instances should not be authorized and passed upon by the Commissioners of the Sinking Fund as provided by section 217 of the Charter.”

You conclude as follows:

"It would seem that such is the general intention of the Charter and that if "possible the charter should be so construed. Especially in the case of the provision "as to the Tenement House Commissioner, it would also seem that the provision "is only for an emergency and is subject to the power vested in the Sinking Fund "Commission."

My views upon the subject agree in general with those expressed in your communication.

Section 217 of the Charter is a part of Title 4, which contains the general provisions of the statute relating to the Sinking Fund and the powers and duties of the Commissioners of that Fund.

Said section contains the following clause:

"All applications to lease any real estate for the purposes of the City of New "York * must be presented to and passed upon by the commissioners of "the sinking fund of said city.”

The said section further makes it the duty of the Comptroller to ascertain the facts relating to any real estate proposed to be leased and report thereon to the said Commissioners. Upon such report and upon such further inquiry as they in their discretion may make, they may authorize the lease under certain provisions and restrictions contained in the section.

It seems to be clear that it is the general policy of the Charter to vest the power to subject the City to the expense of renting real estate in a body having large control over the finances of the City, to wit, the Commisioners of the Sinking Fund.

You call attention, however, to two other sections of the charter.

One of these is section 1066, which is a part of the chapter relating to the Department of Education. The last clause of this section is as follows:

"Said Board shall have power to lease property required for the purpose of "furnishing school accommodations and to prepare and execute leases therefor." The other is section 1331, which is a part of the chapter relating to the ment House Department.

"The Commissioner may provide offices for the use of the department, its bu"reaus and the branches thereof. Such Commissioner may, subject to the other "provisions of this act, make such incidental and additional expenditures having "due regard to economy as the purposes and provisions of this chapter may require."

There is little doubt, it seems to me, that the provisions as to the Tenement House Commissioner, should be held to mean that the leasing of real estate for offices by him should be subject to the authorization of the Sinking Fund Commissioners. Whether this construction should apply to the Board of Education also is not so clear.

In my judgment it will be perfectly safe to proceed on the theory that all proposed leases either by the Board of Education or the Tenement House Commission should be subject to the approval of the Commissioners of the Sinking Fund.

Such a construction is certainly within the general intent and meaning of the Charter, and tends to simplify and systematize the subject.

Very respectfully,

G. L. RIVES, Corporation Counsel.

Filed.

The following report and resolution were received from the Board of Education relative to a renewal of the lease of premises known as the Strang Building, Long Island City, Borough of Queens:

To the Board of Education:

The Committee on Buildings, to which was referred a resolution adopted by the School Board for the Borough of Queens on November 19, 1901, requesting that the lease of the building on First avenue, south of Grand avenue, Long Island City, used as an annex to Public School 5, be renewed from February 1, 1901, the date of expiration, respectfully submits the following:

The matter has been investigated, and it is found that the premises are urgently needed for a longer period. The rental asked, $450 per year, is considered excessive, but the owner refuses to accept a less amount, and, owing to the urgency of the case, your Committee recommends that the request of the School Board be granted.

The following resolution is submitted:

Resolved, That the Commissioners of the Sinking Fund be, and they are hereby, requested to authorize the Comptroller to execute a renewal of the lease of the premises known as the Strang Building, First avenue, south of Grand avenue, Long land City, used as an annex to Public School 5, Borough of Queens, for one year m February 1, 1902, with the privilege of renewal, at an annual rental of $450; the er conditions to be the same as those of the existing lease.

A true copy of report and resolution adopted by the Board of Education on December 26, 1901.

Approved:

A. E. PALMER, Secretary, Board of Education.

EUG. E. MCLEAN, Engineer, Department of Finance.

In connection therewith the Comptroller offered the following resolution: Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Board of Education, of a renewal of the lease to the City, from Mrs. Mary J. R. N. Strang, of premises known as the Strang Building, situated on the west side of First avenue, or Lockwood street, about 200 feet south of Grand avenue, Long Island City, Borough of Queens, occupied by the Board of Education, for a term of one year from February 1, 1902, with the privilege of a renewal, at an annual rental of Four hundred and fifty dollars ($450 00), otherwise upon the same terms and conditions as contained in the existing lease-the Commissioners of the Sinking Fund deeming the said rent fair and reasonable and that it would be for the interests of the City that such lease be made.

Which was unanimously adopted.

The following report and resolution were received from the Board of Education relative to a renewal of the lease of premises No. 446 East 72d street, Borough of Manhattan:

To the Board of Education:

The Committee on Buildings, to which was referred a report and resolution adopted by the School Board for the Boroughs of Manhattan and The Bronx on December 18, 1901, requesting that the lease of the parlor floor of the premises No. 446 East 72d street, used as an annex to Public School 82, be renewed for one year from March 20, 1902, respectfully submits the following:

The Borough Superintendent has reported that "There are eight part-time classes in the primary department of Public School 82, and it has been found impossible to accommodate any child under six years of age. The premises cannot be given up until other accommodations are provided."

In view of this report, your Committee would recommend that the lease in question be renewed, and offers the following resolution for adoption:

Resolved, That the Commissioners of the Sinking Fund be, and they are hereby, requested to authorize the Comptroller to execute a renewal of the lease of the parlor floor in the premises No. 446 East 72d street, used as an annex to Public School 82, for one year from March 20, 1902, at an annual rental of $360, the other conditions to be the same as those of the existing lease.

A true copy of report and resolution adopted by the Board of Education on December 26, 1901.

Approved:

A. E. PALMER, Secretary, Board of Education.

EUG. E. MCLEAN, Engineer, Department of Finance.

In connection therewith the Comptroller offered the following resolution: Resolved, That the Commissioners of the Sinking Fund hereby approve of and consent to the execution by the Board of Education, of a renewal of the lease to the City, from the Associate Alumnae of the Normal College, of the parlor floor of premises No. 446 East 72d street, Borough of Manhattan, used as an annex to Public School 82, for a term of one year from March 20, 1902, at an annual rental of three hundred and sixty dollars ($360.00), payable quarterly, otherwise upon the same terms and conditions as contained in the existing lease-the Commissioners of the Sinking Fund deeming the said rent fair and reasonable, and that it would be for the interests of the City that such lease be made.

Which was unanimously adopted.

The following report and resolution were received from the Board of Education relative to a renewal of the lease of premises at No. 1189 Bedford avenue, Borough of Brooklyn:

To the Board of Education:

The Committee on Buildings, to which was referred a resolution adopted by the School Board for the Borough of Brooklyn requesting that the lease of the store in the building No. 1189 Bedford avenue, Brooklyn, be renewed for one year from March 1, 1902, respectfully submits the following:

The Deputy Superintendent of School Buildings has reported that the building is used as a physical laboratory in connection with the Commercial High School. and that it is required for a longer period. The owner has agreed to renew the lease at the same rental, $45 per month, which is considered reasonable.

It is therefore recommended that the request of the School Board be granted, and the following resolution is submitted for adoption:

Resolved, That the Commissioners of the Sinking Fund be, and they are hereby, requested to authorize the Comptroller to execute a renewal of the lease of the store in the building No. 1189 Bedford avenue, Borough of Brooklyn, used as an annex to the Commercial High School, for one year from March 1, 1902, at a monthly rental of $45, the other terms and conditions to be the same as those of the existing lease.