February 24, rgofi





RECORD   AND    GUIDE





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Vol.




LXXVIL




FEBRUARY




24, 1906.









No. 19S0





INDEX  TO DEPARTMENTS.
Advertising Section,

Page.                                               Pago,

Cement......................xxiii  Law.........................xi

Clay   Products.................xxii  Lumber    ...................xxviii

Consulting    Engineers.........vii   Maehinery.....................Iv

Contractora   and   Builders......vi   Metal   Work   ..................xix

Electrical   Interests...........viii   Quick  Job  Directory.........xxvii

Fireproofing   ..................iii   Real   Estale..................xiv

Granite.....................xxv Roofers & Rooting Materials----x

Heating   .......................sx   Stone   ......................xxiv

Iron   and   steel...............xviii  Wood Products...............xxix





THE Mortgage Tax Law, which took effect July 1, 1905, has
proved to be one of the most unsatisfactory measures that
has been on the statute book in recent years. It has been al¬
ready pointed out by the Register of New York County that
for several weeks prior to the first of July new mortgages in
enormous number were made and recorded, a lai'ge part repre¬
senting contemplated transactions, which were thus anticipated
for the purpose apparently of evading payment of the mort¬
gage tax. Other transactions which followed were on the prin¬
ciple of avoiding payment of the tax until it could be repealed.
No doubt remains as to the sentiment in New York City, the
Metropolis being unqualifiedly in favor of repealing the annual
tax, and up-State sentiment is almost identical with that which
prevails here. Protestation is strongest in the cities where
building operations are most active, as the tax has been per¬
ceived to be a hindrance to such operations, by raising the
interest rate and so increasing the carrying charges. Build¬
ing construction has, in many instances, been suspended or
entirely abandoned, on account of the law, A -similar condition
prevails in rural localities where tlie antagonism to tlie tax is
greater than last year. It was contended by the opponents
of the law before it passed that it would have the effect of
raising interest rates. Many farmers throughout the State re¬
fused to believe that this would be the case, and relied upon
the opinion of the state executive that so much new money
would be attracted to the market that interest rates would not
rise. The fact that interest rates have risen has resulted in a
decided change of sentiment in the rural districts, and in such
counties as Cattaraugus, Chautauqua, Fulton, Herl\imer, Steu¬
ben, Oi'leans, Montgomery, Genesee, Lewis, Chenango, Yates
and Seneca, all of which are agricultui'al regions, and where
aggressive action has developed for the repeal of the tax.
Moreover, a number of the new assemblymen elected last
spring to talie the place of legislators who voted for the bill
are quoted as opposed to the measure, and as being desirous of
its modification, if not repeal.





it is a great improvement over anytliing that is at present in
use. Can the architect and"the builder adopt it freely? Noth¬
ing of the sort. The new material is not yet recognized by
tbe law. The first thing that has to be done is to obtain the
legal approval of the Building Department. Will this be
granted? Possibly! Possibly not! Now, mind you, the Build¬
ing Department, as is the case with other city departments, is
not a bit more immoral or less intelligent than the vest of us.
Govei'nment everywhere is an institution of averages, and people
who throw stones at their officials are really casting refiections
upon themselves. No doubt commissions inquiring into the con¬
duct of our city government from time to time have not re¬
vealed any very edifying spectacles; but were the pictures any
more smudgy than those disclosed by, say, the Insurance in¬
vestigation? It will be difficult to affirm this. No doubt some
people have a fine capacity for distinctions, but the ordinary
man finds it hard to see wherein the commercial code of our
most conservative financiers differs from the official code of,
say, our police captains. This being the case, it is easy enough
to guess the exact kind of impediments that are likely to stand
in the way of the introduction of new building materials or
improvement in building matters so long as we have a law
that dictates to the architect and builder more or less exactly
what he may use and exactly what he must do, leaving it, how¬
ever, to official discretion to modify and amend. We believe it
is worth considering whether the Building Code can-not be con¬
structed upon a different principle. Can we not have a Build¬
ing Code composed entirely or largely of general requirements?
Then, as Mr. Hopper says, "Let the architect and builder prove
their fitness, and give them a free hand, aud hold them respon¬
sible. It is not more building laws or restrictions that we want,
but rather a fair field and full competency of those in charge."
Ml'. Hopper is certainly a competent witness. He is a builder
of large experience, and—has been at the head of the Building
Department,





ELSEWHERE in this issue we publish a letter from Mr.
Isaac A. Hopper, the former head of the Building Depart¬
ment, Our correspondent approves of certain ideas which have
been expressed in these columns in regard to the revision of
the Building Code, Evidently he thinks, as does the Record
and Guide, that a Building Code can be made upon a principle
other than the one tliat has operated in the past. The old
method dictates to the architect and the builder more or less
precisely how a building shall be erected. It is a sort of legal
specification which everybody is required to follow. It com¬
mands, in substance, that so many bricks shall be put here,
so many there, such and such material shall be used in this
position, such and such others in that. It is a motherly sort of
law. It treats architects and builders as though they were a
little deficient in their thinking apparatus and decidedly wrong
in their morals. Perhaps the real beauty of the whole scheme
is that it affords endless opportunities for graft. It acts as an
impediment to invention and improvement. Let us suppose a
new building material is introduced, say, to-morrow,    Suppose





THE Chinese wall that has gradually been built around the
building trades of New York City is now to be attacked in
the courts. The National Fireproofing Company has commenced
suit against the Mason Builders' Association and others In order
to discover whether tlie wall is a legal structure. Some people
consider a trade enclosure of the kind a very proper edifice.
If this be really the case, and we can only get this new trade-
device talked about loudly enough, the entire country will be
put in possession of advantages upon which New York City has
so far enjoyed a sort of patent. Boston will then "get together"
and shut out any builder or building material firm that hails
from New York City, Chicago will prohibit Boston, and Phila¬
delphia will anathematize both. "Restraint of trade" will be¬
come a recognized principle for making money in every locality
in the land, and we doubt not ^erybody will be made very
much happier  thereby.

It has been said, "We are all Socialists" to-day. It may also
be said that "we are all members of some sort of a trust." In¬
deed, it is getting to be the case that the institutions which are
denounced as "trusts" are not the only trusts or even, the most
thorough trusts. There are the unnamed trusts. For instance,
the building trades are literally honeycombed with trusts-
little and big. But they wear such a demijre innocent look in
public that no one would think they could even spell the word
"Trust," Nevertheless, the Unions and the Employers alike are
working the "Trust principle" for all they are worth. Each is
putting upon the other all pressure possible In order to create
a tyrannical counter over which tlie public must trade, paying
whatever price is demanded for goods required. It will, indeed,
be a strange bit of irony if by-and-by it comes to pass that a
concern like the Standard Oil Company will stand forth as a
model among trusts for frankness and generosity. Certainly
to-day that company is scarcely less open and obvious in its
conduct than many another institution that is iu reality work¬
ing double tides upon the exclusive Hue of action. Some people
think the trusts are permanent institutions. Certainly, the
(rust may well be a logical extension of the aggregating process
which began in business many years before the trust was heard
of, and produced at first the partnership, then the corporation.
It may be that in the long run the entire world will be divided
into two classes—the "trusted" aud the "busted," But while
Ihe process is being carried out, why cant about it? The
labor unions are big trusts. Their methods and their morals
are not one whit cleaner or better than the morals of any
other big trust. The builders of this city constitute a species of
trust, every finger of their hands, so to speak, being linked
with some trade or industry for "protective" purposes. Even
the National Fireproofing Company itself is essentially a trust.