New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-02-25

b. Forty second st. by one set Of Commissioners
and that intention rs put past doubt - the mind OF
any man bat the Corporation Counsel Of that Ee.
rod, by the following extract from their Report
Senate Doc No 100 ~ 1912 page l0l There H.
however another very substantial reason offered
yhy the measures proposed should embrace at one
ovefati The Whole extent c0ntsmp ated, which is
III, great saving Of xpense which will thereby be
produced The amount involved by proceeding IN
this husiness with one general commission. viii
probably not exceed one twentieth part OF the cost
whieh must unavoidably be incurred If It be suffer
ed ~ progress in detail by particular sections Of
individual streets
BENJAMIN TOWNSEND.
,Sigped) NJ VAN SCHAlCK
EDWARD CrRTis
We, these plain words were msappreheuded
William G. BOggs was appointed Commissioner
on the 10Th May. s47. on motion OF RO0er, Emmett
ESQ former Counsel OF the Corporation. by tie Su
p-sme Court 10 place OF Petor Staeg deceased 10
ie491 William n Harrison resigned his Office as
Commissioner ia June, 1897. and on the 10th Sept
1877. also on motion of Mr.. Emmett. William
Haliet was appointed IN his place
James Even was appointed May I. 1897 but
never took an active part m tue proceedings The
only active Commissioner was William q BcggE.
whose nhsencs compelled US To refer u the Report
Of the Committee on Laws. made to the Board o.
Aldermen doc No 23l Dec 90 1917, for state
lnent of the facts Of tins case. This document has
been verified 10y Hon. Luther Bradish
The chief points are that EleveHth st between
Broadway and the Bowery. was opened under the
general resolution OF Assistant Alderman Town
send rected above. hut that upon =" the Commits
eioaer's Map Of the City referred to in the resolu
ton the ground bounded south by Tenth st and ~
ing between Broadway and the Bowery, and uu
ming north a. a point where the SAID two las, men
toned streets intcrseetcd each other az Sixteenth
at was laid down and designated on said map as
Union place" Eleventh St "between Broadway
and the Bowery," had thsreOre M existence on
said map rs street
On the nth April ISIS. by act OF tho Lcgisia-
ture, Union place was declared To be bounded ON
the south by Fourteenth street, and Eleventh
Twelfth and Thirteenth SITS. were directed TO BE-
extended from Broadway 10 the bowery.
Eleventhst between Broadway and the BOwery
knrmed therefore no part of the original map o the
city. 70 which reference was made IN the resolution
which was the basis OF the wholo proceeding CON.
planned OF as 1t was not laid down on that msp, oi
course such proceedlngs were simply void Yet
under these and without notice Ia parties interest
ed. the opening begun ON the 4th May 1887. by the
appointment of Peter Stagg William n. Harrison
and James Even, as Commissioners OF Award aud
Assessments. and IN which progress had been
made except engaging a Surveyor was revised
MAY 10. ls45 on motion of the original counsel by
the appointment of William Boggs IN place of
Peter Stage, deceased, in ls4s, and Of William L.
HSllet, September =, lsA7' IN place Of William II.
Harrison resigned
ON the 4th January. lsiS, tho Standing Commit
tee on Streets Ia the Board OF Aldermen had
ported resolution. which was adopted by both
Boards and approved by the Mayor In the words
following;
R.,ossd Thai application be made ~ he Legislature Il
amend The Map OF Plan cf the Guy aoss Eleventh
" between Broadway and the BoNery, and that tbs Conn
se Of the Corporation take Inc necessary measures oT 'h
After fall hearing OF parties for aud against the
proposed law. the Legislature, by vote in Senate
o. S. 10 I, ami IN Assembly of :, ~ :, passed az
act clesiRg Eleventh ct unloss within one year auo
siN sonths ai(er the passage OF the sci,--;hst IS
between the 18th DAY OF May lSiA, ami the I itl
day Of November lsi6,-the Mayor, Aldermen and
COmnlonslty of the C,ty of New York shoGld open
the street acCVrdmg to law.
No action was taken until May lSt7. and o
course not Within the time limited The Couuse
e,ok 10 notice OF the Jaw unts after the expiration
al the eighteen months a mtsapprrieasiJs " hlCt
was represented 10y him to have been quite sccl
dental.
Az ep'Hioo was rendered hy James T Brady
Esq thea Counsel g. toe Corporation, that d
h"'iSa power and night to proceed with tae open
we ct Eleventh at oJwithsiandirS the Sc OF a.,
IeSis'a!ase passed May IA, iS4S" Jpou the com
ma IN O. 'Nis opinion, 1t was lived that Flew
ehtas, 'e'wesn Broadway and the Bowery Id
cp>nej. aod that the Counsel of ths or,orst,,r
take legal measures 70 cary this resnlp,,ob I'M, =,
icct. provided toe persons Interested ia the
q ths same Mo with the Controller az ths ca,
Satisfactory Ncad IN sGCe amount as shall be 6eiar
msaed BY hIn, Tor payment u all the expen.es a
the proceedlnss m case the assessment, s,- sncl
opening shall not Dc confirmed by the Sapren,,
Court Bonds "a bo gwen within SIXTY DAYS fn,u
the passage ef this resolution sGoPted BY bo:l
Boards Mawh % and sigaed by the Mayo Marcl
80. lS4e
Tho coalition as Il fling bonds. Was soS ocu
pliod with. But tAe Commissioners without u
gard ~ thst fact ca 10 the acts o. the Legislature
went On with The opening under the old Teso.aiic
ol lath Feb lsSS.
majority Of Tie Committee On Laws IN III
Boart OF Aldermen reported IN fSVor OF diSoonisl
giRg aad abandoning the proceedings The Con
mtsst0Rers, however went on and presented thci
Report dated sept iSsS SOY confirmation bot o
opposla0a by The Nestfy q. Grace Church, tn
Cour; refused % coahrm the Retort and decide
that the stree, IL l1es,i0n tad tcen actually dis
cs,atirucG by the sct u lslS snd that the sct wa
valid
In this case tie Coansel BESIDE drawing the he
port, had great deal N hagstioni he argued til
case twice. anl on each occ asi1n toe srguren, oS
CAPPED several DAYS, 80 that his tees lS2iSs W
see deposition OF Robert Enme,l are not oonsic
cred more thsn a compensation tg ils troaoc.
The bill OF costs and charges. amounting {
S3T4o 90 was taxed By Judge Eimonds MSrc
1, ls4e and paid by the Controller OF the City
Nov. rs. ls49, with the exception OF the Collector
foe. 500. The Report no, having been coz hrtnee
and the bonds required by the resolution q Marc
20. issT Dot haviay been taken, the collection Be
came simple demand upon the City Treasury
wtho9 any oseasion Tor the services Of Csaeeso'