fifteen (15) free floating baths, for a period not exceeding one year, will expire on the 18th day of December, 1901, and I have to request that you will renew the same for a period of one year from the date of .occupation.

I inclose herewith copy of a resolution heretofore passed by the Sinking Fund Commissioners relative to this lease.

Yours respectfully,

HENRY S. KEARNY, Commissioner.

In connection therewith the Comptroller offered the following resolution :

Resolved, That the Comptroller be and is hereby authorized and directed to execute a renewal of the lease to the City from John D. Dailey of space located between Twenty-ninth and Thirty-third streets, South Brooklyn, for the storage of fifteen free floating baths, for a term not exceeding one year from the date of occupation, at a rental of eighty-five cents ($0.85) per day for each bath, for such time as the space may be needed or occupied by the City, payable monthly, 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 communication was received from the Department of Health relative to a renewal of the lease of rooms in Bernhard's court, Nos. 372 and 374 Fulton street, Jamaica, Borough of Queens:

Hon. BIRD S. COLER, Comptroller, No. 280 Broadway:

NEW YORK, October 2, 1901.

DEAR SIR-At a meeting of the Board of Health of the Department of Health, held May 23, 1901, the following resolution was adopted:

On motion, it was

Resolved, That application be and is hereby made to the Honorable the Commissioners of the Sinking Fund for a lease of the second floor, consisting of four rooms, of the building known as Bernhards, located at Nos. 372 and 374 Fulton street, Jamaica, Borough of Queens, City of New York, to be used by this Department as the headquarters for the Borough of Queens, the rental to be at the rate of one thousand dollars ($1,000) per annum, and the lease to extend from July 1, 1901, to July 1, 1904.

(A true copy).

C. GOLDERMAN, Secretary pro tem.

In connection therewith the Comptroller offered the following resolution :

Resolved, That the Comptroller be and is hereby authorized and directed to execute a renewal of the lease to the City, from Elizabeth Bernhard, of the second floor, consisting of four rooms, of the building known as "Bernhard's Court," located at Nos. 372 and 374 Fulton street, Jamaica, Borough of Queens, for the use of the Department of Health, for a term of three years from July 1, 1901, at an annual rental of one thousand dollars ($1,000), 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 interest of the City that such lease be made.

Which was unanimously adopted.

The Comptroller presented the following report of the Engineer of the Department of Finance relative to the assignment of rooms in building corner Eleventh street and Third avenue, Borough of Manhattan, to the Dependent Children's Bureau of the Department of Public Charities, and to the Board of City Magistrates for use as a children's court:

Hon. BIRD S. COLER, Comptroller:

OCTOBER 8, 1901.

SIR-Judge Joseph M. Deuel, President of the Board of City Magistrates, New York, First Division, under date of September 24, 1901, in a communication to his Honor the Mayor, says: "Under section 1399 of the Charter, to take effect January 1, an additional court, pre"sided over by City Magistrates, and to be known as The Children's Court,' must be opened. "The section suggests that such court be held in the building in which the offices of the Department of Public Charities for the examination of dependent children are located,' being "the premises corner of Third avenue and Eleventh street.

"A committee of this Board, consisting of Magistrates Cornell, Hogan and myself, visited "that building jointly with Commissioner Keller of the Department of Charities and Superin"tendent Jenkins of the Society for the Prevention of Cruelty to Children, and it was the "unanimous sentiment of the gentlemen named that, with some alterations and repairs, the "premises were excellently well adapted for the purposes of such court.

"It becomes necessary now to secure the approval of the Sinking Fund Commissioners to "such use of the property and to obtain the requisite funds from the Board of Estimate and "Apportionment to make the needed alterations and repairs. With this end in view, I have "obtained from the Department of Public Buildings, Lighting and Supplies detailed plans of "what is necessary to be done, with an estimate of the probable cost of the work. This latter "amounts to $8,550. I have had the plans and estimated expenses made in duplicate so that "the entire subject could be before each of the authorities charged with some duties in the "matter, which plans and estimate are herewith submitted.

"Besides the public court room we must have a private examination room; there must be "accommodation for the clerical force and attendants; provision must be made for the necessary “ detail of police; two rooms, one for each sex, must be fitted up for the temporary detention of "prisoners, and one room is needed by the Society for the Prevention of Cruelty to Children, "whose officers by law are Peace Officers, and who make many arrests in such cases.

"I submit the papers and, on behalf of the Board of Magistrates, ask that the matter may "have prompt and favorable consideration."

Section 1399 of the Charter to take effect January 1, 1902, is as follows:

"The board of city magistrates of the first division shall assign a separate part for the hearing and disposition of cases now within the jurisdiction of said magistrates involving the "trial or commitment of children, which part may for convenience be called the children's court; ** and in all such cases the magistrate holding said court shall have all the powers, duties and "jurisdiction now possessed by the city magistrates within said first division. Said children's " court shall be held by the several magistrates in rotation in such manner as may be determined "by said board, and shall be open on such days and during such hours as the said board shail in "its rules provide. Whenever, under any provision of law, a child under sixteen years of age is "taken before a city magistrate in the first division sitting in any court other than the children's court, it shall be the duty of such magistrate to transfer the case to the children's court, if the "case falls within the jurisdiction of said court as herein provided, and it shall be the duty of the "officer having the child in charge to take such child before that court, and in any such case "the magistrate holding said children's court must proceed to hear and dispose of the case in the ⚫ same manner as if it had been originally brought therein. The board of city magistrates shall

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appoint a clerk for the children's court and such assistants as may be necessary, whose salaries "shall be fixed by the board of aldermen on the recommendation of the board of estimate and "apportionment. The said court shall be held, if practicable, in the building in which the "offices of the department of public charities for the examination of dependent children are "located, or if this shall not be practicable, the court shall be held in some other building as near thereto as practicable, to be selected by the Commissioners of the Sinking Fund. Nothing herein contained shall affect any provisions of law with respect to the temporary commit"ment by magistrates of children charged with crime or held as witnesses for the trial of any "criminal case, or the existing jurisdiction of the court of special sessions."

As will be noted this section designates the building at the corner of Eleventh street and Third avenue as quarters for the proposed "Children's Court," and that if not practicable to assign this building to the purpose, some other building as near thereto as practicable shall be selected by the Commissioners of the Sinking Fund. So that it would appear that the matter of assignment is to be with the said Commissioners.

It appears to me that the assignment of this building as proposed in this section of the new Charter is wise in every respect, and I think the present administration might very properly take the necessary steps to have it put in proper condition for the purpose.

The matter of changes and repairs having been submitted by Judge Deuel to the Department of Public Buildings, Lighting and Supplies, that Department submits the inclosed plans, with an estimate of cost amounting to $8,550.

As the Department has no funds on hand to meet this expense, I would propose that they be supplied by an issue of Special Revenue Bonds, in conformity with section 188, subdivision 8 of the Charter.

Respectfully,

EUG. E. MCLEAN, Engineer.

In connection therewith the Comptroller offered the following resolution:

Resolved, That the suite of five rooms on the north side of the corridor on the ground floor of the building belonging to the City on the northwest corner of Eleventh street and Third avenue, in the Borough of Manhattan, and known as No. 66 Third avenue, be and the same is hereby set apart and assigned to the Department of Public Charities for use by the Dependent Children's Bureau, the use and occupation of same to continue during the pleasure of the Commissioners of the Sinking Fund; and

Resolved, That all the rest of the building be and the same is hereby set apart and assigned to the Board of City Magistrates for use as a Children's Court, the use and occupation of the same to continue during the pleasure of the Commissioners of the Sinking Fund.

Which was unanimously adopted.

The following paper was received from the Century Pathfinder Company, relatve to a lease of the Old Aqueduct property between Yonkers and Sing Sing, for railroad purposes.

In April, 1900, the Century Pathfinder Company was incorporated under the Laws of the State of New York. Its stock consists of 250 shares of the par value of one hundred dollars ($100) each, full paid and non-assessable. The company was formed for the purpose of obtaining from The City of New York a lease to the Old Croton Aqueduct property between Yonkers and Sing Sing:

This Aqueduct runs with an average width of over sixty-six (66) feet, almost due north from Yonkers, through the following villages: Hastings, Dobbs Ferry, Irvington, Tarrytown, North Tarrytown, Scarboro and Sing Sing; and along its centre line runs the water conduit about twelve (12) feet wide. The Aqueduct is now crossed in Yonkers and Tarrytown by several electric railways, and in the upper part of the Village of Sing Sing the Ossining Railway Company's tracks run over it for a distance of about a quarter of a mile, thus showing that it is practicable to build an electric railroad on it.

When the Old Croton Aqueduct was built the land comprising it was taken from the owners by condemnation proceedings, with the provision, however, that, should the land ever be used for any other purpose than as an Aqueduct, the title to the land taken should revert to the original owners or their heirs. This provision created reversionary rights to the property, which, unless they were removed in some way, would make an effective bar to ever using the land for any other purpose than as an Aqueduct. As the land was condemned over sixty years ago, and as the original owners and their heirs have become widely scattered and very hard to trace, it is to-day a long and tedious matter to find them and purchase from them their vested rights in the land that was taken for the Aqueduct; and upon this task the company has been busied since its incorporation. At the present time it can show clear title to all the land it proposes to use between Yonkers and Sing Sing (a distance of about sixteen miles).

The City of New York, in whom the title to the Aqueduct is at present vested, will not be expected to guarantee the title to the land; and the form of lease for which the Company proposes to apply is a lease of the right, title and interest which the City now has or may hereatter acquire. The company is ready to go ahead and apply for a lease, and has been advised by its counsel, Julien T. Davies, Esq., to do so at once. The body to whom application for a lease of the Aqueduct must be made is the Sinking Fund Commission of New York City, and this body has sole power to dispose of the property. (Charter, sec. 205).

The Century Pathfinder Company, not being authorized by its charter to construct or operate a railway, proposes to sublet the property to the Croton Railway, a corporation to be organized hereafter. It expects to obtain from the City a lease broad enough in form to admit of such subletting, and liberal enough in terms to allow a railroad to be operated over the territory after paying the rental, as well as all the franchise and other inevitable taxes. In this connection, emphasis should be laid upon the fact that the City of New York is not asked for and cannot give anything in the nature of a franchise.

In return for such lease the company offers to perfect the City's title to all that portion of the Aqueduct property it expects to use. And it is difficult to conceive of a better proposition being made to the City. For the company undertakes to perfect the City's title, to improve its property, to give bond against all damage, and to pay an annual rental on what now brings in no returns to the City whatever.

Dated New York, August 26, 1901.

CUSHING STETSON, President.

In connection therewith the Comptroller presented the following report of the Engineer of the Department of Finance :

Hon. BIRD S. COLER, Comptroller:

OCTOBER 1, 1901.

SIR-The inclosed paper, signed by Mr. Cushing Stetson, President of the " Century Pathfinder Company," sets forth that the Century Pathfinder Company was incorporated under the laws of the State of New York in April, 1900; that its stock consists of 250 shares of the par value of $100 each, full paid and non-assessable; that the company was formed for the purpose of obtaining from The City of New York a lease of the old aqueduct property between Yonkers and Sing Sing; that the Century Pathfinder Company, not being authorized by its charter te

construct or operate a railway, proposes to sublet the property to the Croton Railway, a corporation to be organized hereafter, and that it expects to obtain from the City a lease broad enough in form to allow a railroad to be operated over the territory after paying the rental as well as all the franchises and other inevitable taxes.

In reply to the proposal, as set forth in this paper, I beg to report that the old Croton Aqueduct is now, and will be for all time, so far as known, a necessary part of the water supply system for The City of New York, and that it is absolutely essential that it should be, in every respect, under the exclusive control of the City. This absolute and undivided control is necessary for protection, repairs and maintenance. Any lease of the property would destroy this control to a certain extent, and to that extent, to the injury of the City.

The old Croton Aqueduct was built solely as a conduit for water, and in its construction it was not contemplated that any heavy traffic should pass over the surface above it, the top of the aqueduct being only a few feet below that surface.

The jar and vibration of a railroad run on this surface, which is about twenty-five feet wide, would inevitably cause such damage to the aqueduct as to necessitate constant repairs.

The capacity of the old aqueduct is 75,000,000 gallons per day; and, in the future, may be increased to a larger amount by constructions on the land which the City now owns.

If a lease be given to the Century Pathfinder Company for the property between Yonkers and Sing Sing with power to sublet to the Croton Railway, "a corporation to be organized hereafter," no argument is necessary to show that the City will probably be embarrassed, in every way, in any undertaking which it may consider necessary in the great work of supplying the City with water whenever the old aqueduct comes in question.

In my opinion, no application based upon the principles laid down in the paper submitted, should receive favorable consideration from the Commissioners of the Sinking Fund, or from any other Department of the City government.

Filed.

Respectfully,

EUG. E. MCLEAN, Engineer.

The following petition was received from Messrs. Somerville & Sheehan, attorneys for Herman Igel, for a sale of the City's interest in certain lands in the late Town of Gravesend, now Thirty-first Ward of the Borough of Brooklyn :

Board of Sinking Fund Commissioners:

BROOKLYN, N. Y., July 31, 1901.

GENTLEMEN-Inclosed please find petition, which we would like presented at the next meeting of the Board. The purpose of the petition is for the owner of a piece of land in Gravesend, now The City of New York, to obtain a clear title to his property, which has been sold under a hundred year lease, to the old City of Brooklyn.

Respectfully submitted,

SOMERVILLE & SHEEHAN.