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


lani proposed 70 be taken for the street, IL. tho
CORPORATION OF the City. But single dollar OF
damages was swarded. while the expenses as
scssed amounted 10 s275o So To the payment OF
this account by the City, the most strenuous oppo
stion was made, but ia wan. The Commission.
ers sued the City for the amount Of their little
bin
The Counsel 10 the Corporation, Mr.. Willis Hall
adv sed its payment on the ground that the Re
port having been made and the work Of the Com
mis- sionors performed the City bound to pay
whether their Report had been confirmed Or not
The fact that their Report had no, been confirmed
by the Supreme Court, was made the ground Of
refusal 10 admit the right Of the Committee to in
vestigstc merely ipcA0afe abuse although II had
taken a shape positive enough to have become a
charge upon the tax paying citizens
The Controller at last fortified by legal opin.
ION drew his warrant Tor the amount and the hard
worked Commissioners and their associates, peck
etcd the money without waiting to ascertain
whether their labors would be approved by the
Court u which their Repor, was by law made and
by which il must be ceDsrmed IN order to become
binding upon the parties Ia interest
-Four judgments were obtained by these impa-
tient oaicials against the Corporation in IA
sor Of each Commissioner. and one In their col
lec,iye behalf To such an energy OF sppea, the
guardian OF the City's funds could do no Otherwise
than yield
The prepayment Of the costs and charges be
ore confirmation OF Reports Of Commissioners by
the Court seems 10 be peculiar feature IA the
three cases selected by your Committee, viz One
Hundred and Twenty fifth St BOOm.ngdale road
bo ham n
gsaal hitherto and ought to be prohibited by law
IN future
It's worthy OF remark that Mr. Chestern1an,
whose AFFIDAVIT Is alleged ~ the Rule ordering
tho opening Of Ono Hundred and Twenty fifth
st. opposed the consummstion OF the proceed
.ngs and united with others ia retaining law
yer 10 DO 90 ehectnaly The weak point In the
citys defence, was that no formal and legal op
position was made before Judge Edmonds, st the
taxation q the bull according b the letter u the
aw and IN the absence u rebutting evidence, the
customary stidavits, carried almost every item
safe past the ordeal Of taxation, and, according 10
Mr Willis Hall, once taxed such bills must be PAID
OF course
The proceedings IN One Hundred and Twenty
fifth st opening. were conducted under the law Of
1918 bat the Counsel fees were reckOned up under
Rule q Se Supreme Court Of August, lsjy,
which explains, what might otherwise be mex
ocable how long section u street should costih
COGnsel Ices. $40 o. ia 1914, while much shorter
portion u the street. cost 5 ,352 90 ia 1872
including what paid TOR printing
The opening VI the Bi0omUigdale road fran kt>
sereafh D. ne Tenth aUcR.es, mad been % con
ducted az 70 RAISE an extraordinary outory
Petitions came % the legislature specifying the
Bloomlngdale road case as the one most deserving
scrutiny, and Il ~as made the duty Of this Com
niltee particularly r. Investigate it, by the terms
u the Resolution under which they acted
The Boomingtsle road IS an ancient highway Of
irrepuisr width and crooked course leading from
gew-York T. Bloomingdse The task proposed
% thu Commissioners wss - lay cat street over
wing aud including this road but with parallel aides
and Nth curves less abrupt than those made By
the rad. while IL general direction should DC pre-
served The object Of ths petitioners Or the open
ng was % form an extension cf BrUadSay-a
though IN doing 81. the regularity Of the Map o.
the Citywss broken, numerous angles wasted, snl
as your Committee think. village street which
gnr D. have been obiiterated, was perpet1ated.
The nature q the duty required Of the Conna
.ioners was unusually responsible and the sur.
yeyors' labors complicated ard ard1o9s iT5 meet
ms d; the Commissioners we're held, 2,l52 lOts
Eere assessed By them ior belehs and about .
Tor dansge.
The portion Of the B.ooningdsle road opeaed
was eutained between Forty fith.t On the
south ard 5essnreth-st On the nlrth, dis
tance 4 about one EIi.e The assessments were
;xteGted south, as Tar as Thirty -h;th-st Ten
streets below toe commencement 81 TIE oPeAiDs'
AID Eorh 70 the so1theriy Inc u Eighty ski
a. hall a mlle above rs noFtherD termination
Tse Counsel who prepared their Report; appen'
% have deemed & MS duty 70 describe ano 1uaoeI
each lOt separately. although 's'erA S2J'inihs
we're owned by the same persoo.
The Report Itself firms hose manuscript
bound int soi,o volume Of Printable thickness,
IL char Cor copying appears % have been TWEEN
ty.fve cents oi0 Of one hundred words, and The
principal duty Of the Coansei TO the Commission
so-s he Commissioners, and advising them upon
Questions relating, first 70 the persons 70 WHOM
the award sbould be made, or, secou6,' on whom
the assessment should be imposed. appears 70 have
been, preparing the Report Three copies q this
were made, and the Attorney and Counsel tess Tor