New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-12-06
For The Tribu
As,ess,uenfs for Sewers, &c.

In the Journal Of Commerce OF Friday morning
notice an article with the above espuon, the dim Of
which /. 10 show that the ocers Of the Corporation are
persously liable for any error which they may make 10
advertising property for sale for the non payment Of as
sessuent, well to influence the seton Of the Leg
.siure ca the bi before that body smentsiory OF
the Assessment, Act Of April 9 1873.
lst A, to the liability Of public officers.
The second section Of the Act OF April u 1916 provides
that ~hereon and whenever any assessment upon shy
lands tenemens IN the City Of New fors hst1 hereto
law and the Collector shall make affidavit OF his
demanding the money several times Of such owner
Of the said lands teuemsnis, nay reside IA
said CITY and that they have refused 20 pay
the shall make affidavit that the owner or owners
curry Be found in said City then and Ia any such csse Il
shall be awful for ths Mayer, 4fer1isn and CoroHsfy
Of the City Of NewYork take order for Advertising the
said lands tenemens, any Of them, for sale, NC
No, word here sbou, the liability Of public officers
The advertisement and sale IS clearly the act Ct the
Mayor Aldermen aud Commouaty Of the City Of New.
York In their corporate capacity srd not Of any public
officer and Is expressed In the advertisement Itself
The order In all IL TO dyea the Street Com.
missioner 10 advertise the property for sale.
The correspondent of the Journal Of Commerce sp-
pears be well versed In the matter and makes OF
the terms fictitious snd Illegal matters Of course.
without inquirng into the sc whether they are really
To those who know the man IL 10 useless 10 90 In
any explanation OF hs motives Ia thus ssndsring the
Corporation snd ts officers. To those who do not IL
might be well enough 10 remark hs, he 3 one OF cor
rup, clique that make their living by thus sstsns the
assessment question: and urging litigation on the Corpo-
ration. The correspondent OF the Journal himself Is
merely tool Ia the hands Of designing men tie has
not one dollars worth of intsrsst this Island Ia
fact he does not reside In the City. Enough how
ever has been said TO show Mr.. A. A that he IL
known and tina, his disnterested motives fully aP.
precisted.
The act of April g 1913 has already been construed
by the officers of the Corporation 10 DO directory and
not a compulsory act They might or might not com
ply with lie provisions This s the construction given
BY OF the ablest lawyers 10 the City But 10 order
to do away with all question the subject the Corpo.
ration ask the Legislature to pass sc, not legszing
their Illegal acts, ss Mr.. A. would have Il believed
but merely ~ the effect that the &C, OF April ., 1913 shall
be construed 10 require the Mayor, &c TO lay and col
lee, the assessment for any work before said work IL
fully made and completed The sntisssessment doc
trine is quote from the Senate Report OF Apr9 1872
which will be considered good authority by a. A thai
the are null and void they made
after the work Is performed and for the exact amount
of cost instead OF making two assessments one before
and the other after the completion OF the work The
expeuse of the Improvement only be sscertainec
after the work s actually completed when the relative
quantities Of the different kinds OF excavation can b,
measured. For instance. In digging and building well
the price per foot In depth, where the excavation
through earth Is about 81 81 % where the excsya
ton through rock IL Ia from s. to $40 II the excs
walton should consist entirely OF earth, the well wout
probably cost about $50 II IL should be made through
rock With the exception OF few feet OF earth next TN
surface, the cost would be about $3.50
II cannot be- perceived that any advantage would re-
suit to the Of property by this double assess
ment, the contrary, most people would not conpre
bend ths reasons Tor H. and would consider the fret
an imposition In charging them for an Improvement no
yet made, and the last fraud In charging them
second time for the work. Such practice woul
produce almost endless difficulty and confusion.
owe apology for trespsssing much upon your co
umns and especially the author OF the article In que'
ton is contemptibe but II may mislesd those VIII
are not acquainted with the journals correspondent an
bic motives r