May'15, i897-





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Vol. LIX.





MAY   15, 1897.





No. 1,522





OUR nominal Stock market luanagos to feel tho eftects of the
revival of the Cuban agitation iu the Senate hj (he men
who killed tho Arbitration Treaty with Great Britain. Profes¬
sional sellinj; accounts mainly foi- tho response in the Stock
market. The commission houses furnish very little of this busi¬
ness, and aevery littleor no long stock comes out thp professional
element is engaged in the pleasing occupation of trading on one
another. There is an impression abroad that Presideut McKinley
will send a message fo Congress advising action for the relief of
distressea Americans iu Cuba, but there is no probability tbat
hissuggestionwill take an aggressive form. There is no more
reason now why this country should interfere in Cuban affairs
than has existed before. No doubt the island is suffering terribly
as a result of the war, but this is the ordinary result of war and
is brought about as much by th<; acts of one side as another. As
a malter of fact, if the Cxibau insurgents have beeu truly
represented by their friends on the Press of tbis country, it
was they who inaugurated the policy of paralyzing industry aud
laying' the country waste. However, inflammatory speeches iu
the Senate will help gold exports to depress prices in whatever
market may be provided by the very dullest of times.
-—•-----•----------

FOREIGN dispatches as a whole preseut a pretty extensive
muddle.   All we can define clearly is that Greece has
placed herself in the hands of the Powers, to be leniently dealt
■with evervone must hope, but it would be surprising if Turkey
did not ask, and receive too, good terms.   Tiirkey seems to re¬
verse the general rule of strength on tho surface and weakness
underneath.   We have been tokl clay by day for years of Tur¬
key's weakness, but her strength only comes out in emergencies
like the present.    This experience cannot have lessened her
self esteem, but we take the liberty of doubting the reports that
she will be difticult to deal with in arranging for a renewal of
peace.   A policy of opposition to the wishes of the Powera
would produce just the contingency that would warrant ber ex¬
tinction.   The Turk is too wily to be caught that n'-ay.   The
prospects for peace are having a good otfect upon European
business aud are helping to revive specuhation to some extent.
The close of another fiscal year with a large surplus puts the
British Government in a good position and indicates a remark¬
able continuance of prosperity among the people and, could the
Transvaal qncf:liou be ouce satisfactorily disposed of, this fact
■would soon influence the security market.    The suggestion of
arbitration for this dispute is not likely to be well received in
Downing Street, but it makes a ground upou which to continue
correspondence, which iu turn cousumes time aud allows heated
feelings to cool down io sensible views which, if allowed to pre¬
vail, can produce a happy outcome from all this bother.   The
"Republi((iie Francaise" aftbrds an example of the nonsense
current in Imuojic regarding the Dingley Bill.   This journal
goes so far as to say that France could do without all merchan¬
dise she now receives from the United States ; cotton by stimu¬
lating production of cotton in the French colonies; oil by ob¬
taining supplies from Hussia, Galicia, lloumania and Ihe Dutch
Indies; cott'ee by Brazil or development in Frencli colonies;
wheat from Argentina, etc., etc.   The reply to all this is that
the exi)ortation of all  these things from the United States to
Fraii'je will be discontinued tli<>, moment slic can supply herself
from otlier sources at less cost than she would have to pay this
country for them.   By reluming to a two per cent, discount
rate, from which it losc alter enduring continuously for two and
a half years only last fall, the Governors of the Bank of Eng¬
land show that they are not fearing further immediate trouble
either iu Europe or Soulh Africa, and the reduction will have a
tendency to renew buying of low-return secui-ities.





TWO decisions of great importance to the building interests
of this city have recently been rendered by the Supreme
Court, Appellate Division. In both the Department of Public
Workis was the defendant and in both failed to maintain ita
j>wition.   In ouy cnse, reported iu tbese columns last iveek, the





Department claimed that an axeain fj.'0iit of a tenement house

having stores in the first floor and covered with gratings was a
vault within tho meaning of the laws aud ordinauecs and ought,
therefore, to be paid for as a vault, viz., at the rate of two dol¬
lars per square foot.   This position was resisted by Mr. Charles
Buek, wijo relied upon tho following provision contained in
Chapter 567 of tho Laws of 1895:  "In all tenement hou.ses
hereafter constructed, or bniidings hereafter converted to tho
purpose of a tenement house, an open area shall be constructed
from the level of the cellar to tho sidewalk in front of and ex¬
tending the full width of such houses, which shall contain a
staircase to give acceaa to the cellar from tbe street.   Where
stores aro located on tho first floor, the area may be covered
with suitable vault lights or gratings."   Both the lower and
higher courts interpreted this as a legal direction from which the
builder could uot escape aud held that the Departmeut could
not make him pay for as a privilege something that ho was com¬
pelled to do uuder the law.   The practical point in this case for
tho trade is that areas can be covered in the way mentioned aud
that such covering will not bring them under the category of
vaults for which fees have to be paid to the city.   The second
case wa.s more complicated.    Mr. William.Ziegier, the owner
of a down-town property having a vault extending under tho
sidewalk and part of tbe carriageway that needed repairing,
applied to the Department of Public AVorks for the neceissary
permit to open the surface of the street for the purpose of
makiug  these  repairs.      The   Department  refused  to  issue
tbe permit for the part of the vault under the carriageway
uuder any circumstances   on the ground  that  vaults  under
the carriageway aro illegal, and  for the   other portion uu¬
less it was paid for the same as a permit for a new vault
would  be.     The   latter   demaud   was based   upon  the  fact
that the Department had no record of the vault ever havin^f
beeu paid for.   Mr. Ziegier applied to the Supreme Court for a
mandamus compelling tho Department to issue the permit, and
an order was issued as to the vault under the sidewalk, but re¬
fused as to that uuder the carriageway.     This order was sus¬
tained by the Appellate Division on appeal at the iustauce of
the Department.   The Court held that the vaults having been
maintained for a period of over thirty years, by reason of tho
lapse of time the lawraises the presumption that their eonstrue¬
tiou was with the consent of the public authorities and lawful;
plaintiff being iu possession of the vaults and responsible for
their condition, the Department bos no right to refuse a permit
for making necessary repairs; if the Commissiouer desired to
test the right of the owner to maintain or continue the vaults
uuder the street he could do so in a proper action or proceeding.
Until these decisions are overruled by a higher court, or until
changes are niado in the law, owners and builders need no
lon"-cr pay vault fees for covered areas or for old vaults that
they wish to repair.   The decisions in both cases wero; wo
believe, unanimous decisions of the Appellate Division and,
therefore, offer little likelihood of beiug sot aside if the Depart¬
ment of Public Works decides to carry the cases to the Court of
Appeals.                            _______^_______

NEW YORK CITY owes a debt of gratitude to Governor
Black for one thing at least—that he did not wheu signing
the Charter file a statement that it was for the city's good. Wo
have in this instance been spared the usual cant aud humbug
that usually accompanies a partizan act done in defiance of tlie
popular wish. In all else the Governor has had as little respect
or feeling for the interest and opinions of this city as the Legis¬
lature itself had*. Presumably, we must prepare for the execu¬
tion of the new law and meet the trials and disabilities it will
create with such philosophy as we as a community are endowed
with. Whether the Courts cau afford any relief aud prevent tho
operation of tho Charter is a question tliat the lawyers will liavo
to deal with. The matter has beeu discussed, but we believe no
plau has been arranged for asking a judicial decisiou ou dis¬
puted points, nor has any oue yet volunteered to make the ne¬
cessary movement. If there is any value aud force in legal
opinions, it ought to be possible to prevent the execution of a
law containing all the serious defects pointed out by tlu! Bar
Association after a careful examioation by a committee of its
members, all of whom were specially qualitied for tho work.
However, it ia better perhaps not to base too much hope iii>ou
that, but rather to lu-epare for the enforcement of the law .such
as it is. Wc shall then not be disappointed if no kindly provi¬
dence working through humiin means will intervene to save us
from enforced association with our indigent neighbors, and if it
does wc shall certainly be able to withstand the sho<'k witluuit
damage to our civic constitution. If the Sultan of Turkey issues
an objectionable irade, his subjects hide tlieir feelings aud
praise Allah ; if the C/.:\v of Russiii issues a ukase putting heavy
burdens on his people, they ble.'^i* tbe Little Father at St. Peters





burg; neither, however, disregard the legal means in the shape
of petitions or whatever else is at theii' disposal to avoid the
consequences of these edicts,  Ip like ipapnev i^e-yr York City