The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-03
CORN MARKET.
ACKNOWLEDGEMENTS IN Tenth Avenue, from
Forty-scc0nd to FOrty.sixth Street.

TO THE EDITOR OF THE NEW YORK HERALD.
beg leave to call the attention Of the parties to
be assessed for the built in the above avenue,
during the past winter, to the following facts -;
First--A large portion of this was built in
direct violation Of the spirit and letter of tho con-
tract, and as a consequence, the work for which the
assessed parties viii be called upon to pay the
full price stipulated in the contract is not the work
which, BY the same contract, they are entitled to
receive.
Second-That in consequence Of said violation.
the Croton Aqueduct Boardthe department under
which, according to the amended charter of the
city, sewers constructed to accept tho
work Under the laws Of the State and ordinances
Of the city, such acceptance is necessary before the
account Of work and the assessment list can be
sent TO the assessors for an apportonmcm Of tho
expense among the parties supposed to be benefited.
On the refusal of the Board to accept the work,
the contractor applied to the Common Council for
relief The case was referred to the Committee ON
Sewers. which committee reporting in favor Of the
application, the Common Council passed a resolu-
ton requiring this department to accept Of tho
work Internationally. This resolution was vetoed
by his Honor the Mayor, the ground, among
other objections, of its being illegal interference
with executive duties. On the 10Th day of April,
the Common Council took up and passed the reso-
luton, Notwithstanding the veto Of the Mayor, and
sent it to this department for action.
Feeling that further official resistance to this OK
traordinary assumption of power was useless, the
Board sent to the Assessors office the return Of work,
but wishing to record their protest. they attached to
the return the resolution of the Common Council,
thereby showing that this department did not ac-
knowledge that the work was done according to
contract, that it should be accepted but that they
acted solely under the order Of the resolution.
The facts above stated charge distinctly and I'M
resevedy, both in my official and private capacity.
/ also charge that the investigation of the commit
tee of the Common Council, to which the subject
referred, was unjust, PARTIAL and utterly in vio-
laton of the rights Of the owners Of the property to
be assessed
The Committee on Sewers meet always in the
Office OF the Chief Engineer Of this department.
this, for the obvious reason that in case any
information in regard to them be required, tho
Committee may be near the officer under whose sole
and entire charge sewers are by law, placed, from
their commencement to their completion Not
withstandng the acknowledged and self evident
object Of selecting this office as the general place Of
meeting, the committee in this case didi not avail
themselves OF the testimony Of the Engineer, iii O.
single instance, but confined themselves exclusively
to The statements introduced on behalf Of The con-
tractor. This aver directly and unequivocat1y.
More than this; charge that while it was found
convenient By the said committee to have wit
ncsses in behalf Of the contractor brought before
the people, who were in the very building in which
the committee sitting, were, as far as one may
judge from acts, carefully kept ignorant Of the
whole proceedings, from the beginning to the end
The facts above stated | stand ready to prove.
have waited until this late day, in the hope that,
in view OF its evident propriety, the Common
Council might, before the adjournment Of the
May session, call up the subject for recon-
On Monday next, June 9TH, the assessment list
will be presented to the Common Council for con-
frmation-and if confirmed, the parties whose
cles in the way of justice therefore feel bound 10
warn them by this public notice; and I do 50, and
make the charges here presented, with full sense
Of my responsibilities personally and officially.
1t maybe said by some, that having utterly re-
fused to accept the work thus improperly done, and
only yielding under direct order Of the Common
Council, that have done my entire duty, and that
for the rest the parties themselves must look to
their own investigation OF the particulars under
which they arc assessed. To this | cannot agree.
As Chief Engineer and one Of the heads Of this
department, am placed here in charge of certain
interests Of the property holders and people gene
rally of this city. If by any illegal or corrupt act
injustice be done to them in any matter in the
most remote degree connected with this department,
deem it due to them and to myself not to be con-
tent with the mere requistion of the law, but to
perform my full duty in the protection of their
rights, andin the preservation Of the integrity Of
The department on which they rely.
The above give without comment or inference
If any kind whatever. 1t is intended to be a sim
professedthe performances s Of my duty to others
ind to myself. The facts here presented are sum
ent to call to this matter the attention OF those
Interested.
Other circumstances and details arc in reserve,
which, although Il is well that the public should
know them are not necessary for this paper. II
-couired they can and will be furnished for pubca
ion as unhesitatingly as these are.
A. W Cp.vvv, Chsf Engineer and
ono Of the Board of Manogcmsnt
Croton Aqpsduct Dept, June l. 1852