USA > New York > Kings County > Brooklyn > The civil, political, professional and ecclesiastical history, and commercial and industrial record of the county of Kings and the city of Brooklyn, N. Y., from 1683 to 1884 Volume I > Part 133
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From the organization of the government down to 1822, mayors of cities were appointed by the Governor and the Council of Appointment; from that time to 1840 they were appointed by ballot by the common coun- cils of their respective cities.
An act passed April 13th, 1840, provided for their election by the people in a manner, and at the time, which will hercafter be described.
GEORGE HALL, the first Mayor of Brooklyn, was appointed by the Common Council on the first Monday of May, 1834. The Board of Aldermen who made this appointment, - a board famous as being the first legislative board of the city of Brooklyn - arc named in another part of this work. It is proper, however, to say that it consisted of eighteen of the staunch, re- liable and prominent citizens of Brooklyn, whose names have passed into the history of the city.
Under the act of incorporation, the Common Coun- cil appointed a clerk, attorney, treasurer, street com- missioner, a clerk for each market, a city collector, and a number of marshals.
There was authority given the Common Council, which gave a quick impetus to the growth of the city, and tended largely to embellish and beautify it. This was the power to cause all streets, parts of strects,
avenues and squarcs, within the first seven wards, to be leveled, paved or macadamized, and to cause cross- walks to be made, sewers constructed, and provision made for lighting the streets, The act of incorpora- tion also gave the Common Council power to modify the old fire department of the village, and to procure necessary fire engines.
The Municipal Court of the Village of Brooklyn re- tained its powers and jurisdiction, enlarged by subse- quent acts of the legislature, and the number of judges increased to three.
We have thus given a brief description of the es- tablishment of the municipality of Brooklyn. No event in its history created such demonstrations of almost unbounded joy, as did the receipt of the intel- ligence of the passage of the act of the legislature under which it was established.
The charter er of the city has been subjected to many amendments under the direction of the enlightened, far-seeing and enterprising citizens who have been, from time to time, intrusted with its fiscal and executive affairs, until, it is not too much to say, that the corporation of Brooklyn is one of the most perfect municipalities in the state, if not in the nation.
One of the first and most important changes was made in the city charter by the legislature, March 28th, 1836, by which the rights and privileges of the fire- men of the city of Albany, and the city of New York, were extended to the city of Brooklyn. The amend- ment also provided for the appointment, by the Com- inon Council, on the first Monday of May in each year, of a comptroller, to perform such duties and receive such compensation as the Common. Council should prescribe. It also authorized the Mayor and Common Council to contract with the stockholders of the New York and Brooklyn Steam Ferry Company, for putting on to said ferry two new and commodious boats, upon suclı terms as the Common Council could agree with said association.
On April 2d, 1836, the charter was again amended, giving the Common Council control of the common school-houses, school-house sites, and power to raise money for the support of the common schools of the city.
Down to April 27th, 1837, the Common Council was embarrassed by a law limiting their power to raise money for public purposes to $30,000 yearly, which was quite insufficient to defray the expenses which the pub- lic improvements of the city demanded. This diffi- culty, however, was obviated by a law passed April 27th, 1837, authorizing the sum to be raiscd for various public purposes to be increased from 830,000 to $50,000 annually; also authorizing the Common Council to effect a loan of $300,000 on the credit of the city.
The city, under its charter, had existed but one year when that instrument was amended in many things, among which was the giving to the Common Council power to prohibit the making of stoops, platforms, bay-
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windows, sign-posts or other projections, so as not to intrude upon the public walks, and to regulate the manner of building houses and stores; defining the depth of cellars, so they should not cxcced eight feet. The Common Council were also given power to appoint three school trustees in the districts to be laid out, and to define their duties. These changes were made by an act of the legislature, passed April 23d, 1835.
On the 13th of February, 1840, an act passed both branches of the legislature, and became a law, provid- ing for the election, by the people, by ballot, annually, of mayors in all the cities in the state; of course this applied to the city of Brooklyn, depriving the common council of their right to appoint the mayor, and giving that power to the people.
When this law went into operation, Hon. Cyrus P. Smith was Mayor, having been appointed by the Com- mon Council in April, 1839.
On April 14th, 1840, Mr. Smith was elected Mayor by the people, in conformity to the act of the legisla- ture to which we have alluded. He was, therefore, the first mayor clected by the people. At this time Brook- lyn contained a population of over 30,000, and was rapidly advancing to that splendid position which at this writing it occupies among the cities of the nation, with a population of 566,689.
On May 26th, 1841, an act passed the legislature largely extending the powers of the Mayor; authoriz- ing him, among other things, to appoint police mar- shals. This act also gave the Common Council power to divide the city into election districts, and to deter- mine the time of the services of the firemen.
The Municipal Court under the First Charter. -The courts of justice of the city of Brooklyn, froni its humblest tribunal to the highest, have always been conducted with that degree of intelligence, that due re- gard of the rights and privileges of all citizens, and their protection in the proper restriction and punish- ment of crime, which has elicited just commendation.
These courts will claim our attention as we proceed with the municipal history of Brooklyn. As we have already said, the Municipal Court of the Village of Brooklyn was retained in the city organization by an act of April 3d, 1827, which was in substance as fol- lows :
"The organization of the municipal courts, the proceed- ings therein, their jurisdiction, and powers of the justices · thereof, and all subsequent acts relating to the said court, or the justices thereof, shall be deemed to apply and are made applicable to the city of Brooklyn ; and the said court, as organized in and for said village, shall continue as such in and for the city of Brooklyn."
The justice of that court had the power in criminal proceedings, of justices of the peace, elected in the several towns of the State. It was the duty of the said justices, or one of them, to attend, at such time
in the morning, or during such hours in the day, and at such place as the common council should fix, for the purpose of holding their courts. Thesc judicial officers discharged their duties in a manner which reflects credit upon the legal history of the city, subject to some of the laws under which they acted, until the adoption of the present city charter, which, as we shall hereafter see, made many changes in the legal department of the city.
The corporation of the city of Brooklyn continued under these laws and their modifications, with slight changes, until 1850. Then another and nearly a radi- cal change took place in the charter by revision and amendment. This was done under and by virtue of an act passed April 4, 1850.
Among the amendments was one defining the bound- aries and civil divisions of the city. Its boundaries were established as follows :
All that part of the county of Kings at present known as the city of Brooklyn, and which is bounded easterly by the townships of Williamsburgh and Bushwick, south by Flatbush and New Utrecht, west by the bay of New York, and north by the East river, shall continue to be a city by the name of Brooklyn, except so much of the present terri- tory of the said city as lies east of the centre line of what is called Division avenue, between the intersection of South street, in the village of Williamsburgh and Flushing avenue, in said city, which territory shall hereafter, upon the pas- sage of this act, belong to and be a part of the village of Williamsburgh, and subject to all laws appertaining to said village.
It was also enacted that "the citizens of this state, from time to time inhabitants within the limits of said city, and the corporation now existing and known by the name of "the Mayor and Common Council of the city of Brooklyn," should be, and continue to be, a corporation by the name of "THE CITY OF BROOK- LYN," and should have and employ all the rights, privileges, immunities and franchises heretofore con- ferred upon it by law.
There existed-recognized by this act-eleven wards, into which the city was divided, which several wards, except as otherwise provided, were considered and de- clared to be towns of the county of Kings, so that the county then really contained eighteen towns.
The legislative power of the corporation was vested in a Mayor and Board of Aldermen, who, together, formed the Common Council.
The Board of Aldermen first elected under this act were divided into two classes, one of which was to go out every year. One alderman in each ward formed one class, and the other alderman formed the other class. The Mayor determined, in open board, the aldermen to compose the different classes, and the re- spective terms of office of each of said classes. The first class to hold one year; and, after the expiration of said year, the term of office of the aldermen elected or said class to be two years ; and the said first
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MUNICIPAL, HISTORY OF BROOKLYN.
class were to act as members of the city court in the trial and disposal of criminal cases and proceedings.
The said aldermen were to receive for their services, when sitting as members of said court, $3 per day. The second class were to hold office for two years, and were to be supervisors of the county of Kings. The term of office of such aldermen, as supervisors, com- menced on the first Tuesday of April succceding their election, and to continue two years thereafter. The common council were authorized to appoint a clerk, who was to be City Clerk. The actalso provided for the election of city officers, and defined their duties. The administrative powers of the corporation were vested in Mayor, Chief of Police, Comptroller, Street Commissioner, Collector of Taxes, and to such other officers as were to be, from time, created by or ap- pointed by virtue of this act.
It was further provided that the Mayor should be elected every two years, and that no person should be eligible to that office unless he had resided in the city five years; that his salary should not be less than $2,000 per annum, but the Commnon Council had power to change such salary, provided the change did not take effect during the term of office of the then present in- cumbent. The Mayor was supervisor ex-officio of the city of Brooklyn, possessing all the jurisdiction, and exercising all the powers and authority, in criminal cases, of a justice of the peace of said city. These powers were in addition to any powers which had hitherto been given him. He could receive no fees for services as such justice of the peace, or for his service as supervisor. The act defined the duties of the Mayor, among which was to communicate to the Common Council, at their first meeting in Jan- uary in each year, and oftener if he should deem it ex- pedient, a general statement of the situation and con- dition of the city, in relation to its government, finances and improvements, with such recommendations as he might deem proper.
He was required to be vigilant and active in caus- ing the laws to be duly enforced ; to exercise a constant supervision over the conduct and acts of all subordinate officers, and to examine into all complaints preferred against them for a violation or neglect of duty. He was given the same authority and power in criminal cases to arrest and commit for examination all offenders, for offences committed within said city against the laws of this state, as a police magistrate or justice of the peace of any of the towns of this state, for the preservation of the peace. He had also power to issue warrants, the same as any of the said justices of the peace. If a vacancy occurred in the office of Mayor, or if he was prevented, by absence from the city, by sickness or any other cause, from attending the duties of his office, the president of the Common Coun- cil, or if the said president should be absent or disabled, the president, to be elected pro tempore, should act as
Mayor, having all the rights and powers of the mayor during his absence or inability to act.
Comptroller .- The act provided for the election, by the city at large, for a Comptroller, every two years.
Among his duties, he was to render to the Common Council, as often as required, a full and detailed state- ment of all the receipts and disbursements of the city government from time to time, specifying the amount expended and unexpended on each appropriation made by the Common Council, with the state of each account; together with a general statement of the liabilities and resources of the city, and such other information as was necessary to a full understanding of the financial affairs of the city. He was to receive such salary as the Com- mon Council should determine, and, by consent of the Common Council, he could appoint a deputy comptroller, for whose acts he was responsible.
Street Commissioner under the First Charter. -The act further provided for the election of a Street Commissioner, to be elected by the city at large every three years, who should perform all such services as the Common Council should direct, in relation to the open- ing, widening or regulating, grading or paving streets and avenues. He was to be the custodian of all books, papers and maps appertaining to his department. His salary to be fixed by the Common Council.
He could appoint a deputy street cominissioner by the consent of the Common Council; he was responsible for all acts of his deputy.
Treasurer .- There was to be a Treasurer, who was to safely kecp and disburse, under the direction of the common council, all monies belonging to the city; he was to keep an accurate account of all receipts and payments, and make weekly returns thereof, in such manner as the Common Council should direct. The Common Council made orders for the payment of all monies to be drawn out of the treasury, and no monies could be drawn out of the treasury except in pursuance of such orders appropriating the same, and by warrants signed by the Mayor and Comptroller, and counter- signed by the City Clerk or his assistant. Such warrant specified for what purpose the amount therein men- tioned was to be paid, the appropriation against which it was drawn, and the date of the ordinance making the same, &c., &c.
Commissioner of Repairs .- There was also a Commissioner of Repairs and Supplies clected by the city at large every three years. He acted under the direc- tion of the Common Council; he had charge of all re- pairs and supplies of and for the public buildings, wharves and piers belonging to the city; of the pave- ments, side and cross walks, fire department, lamps, oils and gas, fuel and stationery for the public offices of the city. These were among his important duties, and his salary was fixed by the Common Council.
Corporation Attorney and Counsel .- Before the consolidation with Williamsburgh and Bushwick, the
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HISTORY OF KINGS COUNTY.
Common Council appointed a suitable and proper person to be Attorney and Counsel of the Corporation, having the management and control of all the law business of the corporation and the departments thereof, and all the law business in which the city was interested. He drew all leascs, deeds and other papers for the city, and was the legal advisor of the Mayor and Common Council, and the several departments of the corporation; he had thic management, charge and control of, and conducted all the proceedings necessary in opening, widening, al- tering or closing streets, avenues, roads, parks or lanes, and all other local improvements of the same kind.
He had power to authorize an attorney or other per- son to appear for him in his name, for and in behalf of the said corporation, and conduct or defend suits or proceedings; his salary was fixed at $3,000 per year, to be paid quarterly, exclusive of all disbursements. He was provided apartments in the City Hall, with the necessary furniture, stationery, etc., etc. He could, as has been said, employ an attorney and clerk, for which the common council was to pay a salary not to exceed $1,500 per annum. The said clerk or attorney held his office for the term of three years.
The official term of the several persons elected in pursuance of this act commenced on the first Monday of January next after their election, and the official term of all persons who should be appointed to any office or place under this act to commence as follows :
1. Such as were required to give security for the performance of their duties, from the time of giving such security and their approval.
2. Such as were not required to give security, from the time of taking and filing their oath of office.
The Treasurer of the city, Comptroller, Street Com- missioner, City Surveyor, City Clerk and such other offi- cers, except the Attorney and Counsellor, as the Com- mon Council shall direct, were required, severally, to execute a bond to the corporation, in such penalty as the said Common Council should require, with such sureties as the Common Council should approve, condi- tioned for the faithful performance of their respective duties, and for accounting and paying over all monies by them respectively received in their official capacities.
Courts of Civil and Criminal Jurisdiction in the City of Brooklyn .- An act of the legislature, passed March 24, 1849, provided for the establishment, in the city of Brooklyn, of courts of civil and criminal jurisdiction, as follows : At the next charter election, to be held in the said city on the first day of May after the passage of said act, and every six years thereafter, a city judge was to be elected, subject to the same re- sponsibilities and removal from office as the county judge. The following were among his duties : The said judge alone, or in case of his absence, inability to attend, or vacancy in said office, the mayor and two aldermen of the said city were empowered to hold a court of civil jurisdiction, to be called "The City Court
of Brooklyn "-a court of record, with jurisdiction ex- tending to the following actions :
Jurisdiction .- Sec. 1. To the actions enumerated in section 103 of the code of procedure, when the cause of action shall have arisen, or the subject of the action shall be situated, within the city.
Sec. 2. To all other actions where all the defendants shall reside, or be personally served with the summons within the said city.
Sec. 3. To actions against corporations created un- der the laws of this state, and transacting their busi- ness within the said city, or established by law therein.
Sec. 3. The said court shall be held once in each month, and shall begin on the first Monday thereof, and may be continued for four weeks.
Sec. 4. The city courts possess the power and au- thority in relation to actions in said court, and the process and proceedings therein, as are possessed by the supreme court in relation to actions pending in the supreme court ; and all laws regulating the practice of the supreme court, and the course of procedure therein, shall, as far as practicable, apply to, and be binding upon the said city court; and the said city court shall have power to review all its decisions, and to grant new trials.
Sec. 5. Every judgment of the said City Court docketed, and a lien in the like manner, and to the same extent as judgments recovered in the supreme court; and the said City Court has the same power over the docket of its judgments in the office of any county clerk, and over such county clerk in respect to the same, as for the time being may be possessed by the Supreme Court in respect to the dockets of judgments in the Supreme Courts.
Sec. 6. An appeal may be taken from any judgment or final determination of said City Court, and from any intermediate order, involving the merits and necessarily affecting the judgment, to the Supreme Court at a general term thereof ; and all provisions of law relative to appeals from the Supreme Court to the Court of Appeals, shall apply to appeals from said City Court.
By an act passed March 25th, 1850, the foregoing Sec. 6 was amended so as to read after the words "to the Supreme Court at a general term thereof ; and all provisions of law relative to appeals from the Supreme Court to the Court of Appeals, shall apply to appeals from said City Court," as follows :
All provisions of law relative to appeals from courts of inferior jurisdiction shall apply to appeals from the said City Court.
Sec. 7. There shall be a clerk of said court, to be appointed by said court, who shall be ex officio a com- missioner of deeds for said city, with power to take the satisfaction of judgments in said court, to be recorded in any county in which such judgment may be docketed.
By an amendment of the act establishing this court, passed March 28th, 1850, the clerk of said court was
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given power to appoint a deputy, who possesses, in the absence of the clerk from his office, all his powers and performs all his duties. Among the other powers of the said court, it was to devise its own seal at the ex- pense of the city, and a description thereof, attested by the clerk, was to be deposited with the secretary of state.
By an act of the legislature, passed March 28th, 1850, the expense of providing said seal was made a charge against the county of Kings. There were several other legislative enactments of more or less importance touching the charter of the city, down to the year 1853, when another great event in the muni- cipal history of the city took place. This was the
Consolidation of the City of Brooklyn with Williamsburg and Bushwick, into one municipal government, by an act of the legislature passed July 18, 1853. The act provided for the appointment of fifteen commissioners, seven of whom were citizens of Brooklyn, appointed by its Common Council; five citizens of Williamsburg appointed by the Common Council of that city; three from the town of Bushwick, appointed by the supervisors and justices of that town. These commissioners were to be appointed on or before the first Monday of August, 1853.
Having been duly appointed they met at the Super- visor's room in Brooklyn on the 2d Monday of August, 1853. With power to send for persons and papers, they proceeded to devise a plan for a new municipal corpo- ration, to include the cities of Brooklyn and Williams- burg and the town of Bushwick, which in due time was completed, and according to law was published for twenty days previous to the general election in November, 1853, in all the dailies in the county of Kings. At that election the plan was submitted to the people and duly ratified by them : Whereupon the commissioners proceeded to incorporate the said plan into an act for consolidation to be submitted to the next legislature. This was done, and the act passed that legislature and became a law. The act was amended March 28, 1855, in regard to fire-wardens, and in empowering the aldermen, by and with the consent of the Mayor, to appoint policemen and lamp- lighters.
We should have said that by an act of the legislature passed June 3, 1853, provisions were made for supply- ing the city with water. The act provided for leaving the matter for the decision of the people; if a vote in favor of the measure was passed, the Common Council were to appoint five commissioners who should have power to supply contracts, etc., etc., for completing the work. The people having voted favorably to the measure, the commissioners were appointed, contracts let, the work begun and, as will be scen in another part of this history (page 584), was completed.
By an act of April 15, 1853, provisions were made for the laying out of Montague Park. By an act passed April 5, 1856, a law was enacted by the legislature for
laying out "Mount Prospect Park Square." The courts of civil and criminal jurisdiction in the city of Brooklyn, were established by an act of the legis- lature, passed March 24th, 1849, and amended by an act passed March 28, 1850, which was subsequently amended by other acts, to which we shall briefly refer from time to time in the progress of this history.
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