The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-06

And the amount officially estimated as required for
a, s:.s .n2 q IN h.. :A.s !:
there plaintiffs believe and charge, been for the
nest part sesasioned by the negligent, wastsfal,
and corrupt conduct Of the Common Council Of
said city
The effect Of such annual increase Of taxes has
already been to induce large numbers Of persons,
doing and transacting business in said city, to
move cut oftAs limits thereof to avoid the oAsreus
and Increasing taxes annually imposed spon the
property owners Of said city.
The plaintiffs further show, that the said city Of
New York il an ancient and chartered city, and the
citizens and Inhabitants thereof are body polite
and corporate, under the name Of the Mayor Alder
men AID Conmonalty Of the city Of New York
That all the powers Of the said Corporation are held
by them upon the trust that they shall be used and
exercised for the benefit Of the citizens and inhabi
tanss Of iaid city, without any fraud, corruption,
And the plaintiffs further show. tia. under the
laws OF this State, the said Corporation are Gem
nissioners Of highways, and ~ such have the power
to make the. usefaf and convenient for ali the in
hsbitants Of said city and travellers and
therein. That said Corporation have not either In
or BY their charter or By the laws Of this State,
which said street called Brosd1sy passes; nor have
they any power whatever to give grant TO any per
SON or rrsonS whonscsvsr, any particular or OK
dusivs privilege to use said street called Broadway,
nor any part thereof, nor to erect pat any build
Ing, work, or structure or any distraction xhatso-
evsr in said street, do aDyfotAer act which might
IN any manner interfere with the free and common
use thereof BY any Of the Inhabitants Of or travel
Ter. in said city, or which might become nuisance.
The plaintiffs further show, that on the 10th day
Of July, 1852 petition was presented to said Com
mon Council, through their said Beard Of Alder
men, for an ordinance, authorizing the pstitisnsrs
who signed the Same to establish and construct .
railroad IN aid Broadway. That after wards nu-
msrsus rsmenstrancss were presented to said Board
Of Aldermen, by the principal owners Of property
on Broadway, again!t ssch project.
The plaintiffs farther shsw, that said Broadway is
the principal street or thorosghfare Of said city.
That the greater part Of that portion Of said street
which lies between tho Battery at tho south and
Union place at the north, distance Of about thrse
miles, u new devoted 70 trading and commercial
purposes, and large portion OF the trading and
commercial business OF the said city Greater than
that Of any other strsst) ID transacted in said
street, and the snail portion Of the street which il
yet used for dwellings IL rapidly changing Its cha
raster and stores, shops, and other buildings for
trading and Mmsrcial purposes, are rapidly taking
the place Of dwelling houses
TIE plaintiffs further say, that said street ID now
constantly thrsnged with all kinds and descriptions
Of vshiess aad passengers that the psrsisn sf said
street located below Canal street, distance Of
about mile and hall from said Battery, Is mere
thronged ssd crowded than any ether part Of said
street, or said city The plaintiffs further show.
that the average width Of the carriage way in said
Srondway does not exceed forty feet; that at
Maiden lane It docs not exceed thirty nine feet and
nel tnors graauauy narroWs TO thirty. seven feet
ct Wall street, from thence to about srty feet below
Rector street It narrows to thirty four feet; from
thence to absut two hundred and fifty feet bslow
Rector street il gradually widens to not ever thirty
ssvon feet. At one hundred feet farther down Il
Il thirty eight feat two inches, and thus gradually
wises 70 net exceeding forty feet TIVE inches, in
front Of No. ~ Broadway. And at NO point between
the Park and Union place does said carriage vay
exceed forty tive feet in width. The plaintiffs fur
thor show that for the purpose Of putting the said
carriage way in the most perfect order aad
condition, and to facilitate the great and
Increasing Eavel thereon, which IL ct this
time far beyond that Of any other street In said
city, the said Corporation have. very recently,
caused about two miles and half thereof, extend
ing with the exception Of a few blockO from the
Battery to Sixth street, to be paved With very
durable and expensive pavement, sons,ting Of
square blocks OF granite carefully laid upon con
crete bed Of by draulis cement mixed with gravel
and sharp stones That said Cooperation have. a.
the plaintiffs are informed and believe, expanded
upon the said pavement, and paid, or are bond 10
pay therefor, out Of the city treasury upwards Of
ave hundred thrusaod dollars (S508 0OO), BY means
whereof great burden has been brouxht upSn the
taxpayers Of said city including the plaiatifs
Inc plaintsis further show, that before any aaal
action Was had spon said petition, and while the
same was before she Common Council for sonaider-
alton, various other petitions and propositions were
presented to them by men Of wealth, character
and standing, residents Of said city, fully and abun
Santly able to ful6l and perform their sments
And pr0u askiuO fart he