The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-21
The Opening Of Beekman Street Across
the Park.

the Park.
CONTROLLER HAws OBJECTIONS TO THE WORK
COMMUNICATION TO THE PRESIDENT OF THE Gro
TON AQUEDUCT BOARD, ETC., ETC.
The projected plan Of opening Bcekman street
the Parkthc preliminary steps having been taken to
carry out the measure by the Street Comissoner-wil
probably receive its quetus from the suboned lucid
municaon from Comptroller Haws President the
Croton Aqueduct Board The document is written in a
plain straight forward manner and well worth perusal
by those who feel Interested in the matter =
CONTROLLERS OFFICE, Sept. 20, ls59
H. VAN SCrAICK, Esq. President Of Croton Aqueduct
STR have received your favor of the 18th instant,
asking to assign my for refusing to attend the
opening of bids for the contract for extending street
the City Hall park from Beckman street TO Park
place In reply have 70 say this work does not seem
10 10 have had inception in accordance with law and
in my opinion Is In violation Of the spirit well as the
letter OF tho law II am informed rightly, the only
authority for the action Of your Board attempting this
improvement s the following resolution of the Common
Council
Resolved That the Street Commissioner be and is hereby d.
ment curved Carriage way be Of he x,h Of Park place
and TO the lower end Of the Park from opposite Park
Approved by the Mayor January g 1859.
Above resolution amended by striking the words Street
Commissoner and substituting the words Croton Aqueduc
Approved by the Mayor June 20, 1859.
compliance with this resolution by grading. paving,
opening permitting the public TO pass unmoested but
for day the proposed street would be such dedca
ton TO preclude the Corporation from reganing
closing it except by act Of the legislature and by
neratng parties who might have acquired rights thereby
This therefore would amount to sequesraon Of por
ton Of the public domain in violation Of the Of
1874 which pledged the proceeds of the sales Of the pub
lie lands to the redemption Of the city debt and therefore
in violation Of the public faith ee subdivision Of
title Of said ordinance)
Toprevent the possibility OF wrong TO the creditors Of e
Corporation the legislature in the year ls45 chapter
225 gave this ordinance all the force of State law by
the following enactment
Mayor Of said CITY, on the I'd day Of February 1874 and
ordinance ,ha, may heeser be passed b the said Mayor
unS s ss s 2. 5 S ans % ss to The
| Legislature first had and obtained, &C.
Another section Of the ordinance imposes upon this de-
partment the responsibility Of taking charge Of the real
estate. ! quote the clause. (Sec. ], title ~
shall be the duty Comptroller to take charge of all
encroachments thereon
1t thus appears manifest that the structure of this
ordinance it was the intention not only TO pledge
the real estate to the redemption of the city debt but
provide by the sovereign Legislature Of the State off,
who to guard this pledge. This department is,
therefore, charged with trust in the matter and will not
permit its violation without, at least, protest
The property proposed TO be taken is worth at least
four hundred thousand dollars. The mode in which it
taken, as have mentioned would amount TO aena.
ton OF without compensation, which would be doing
directly what the city cannot do directly 1t cannot
ALLEVIATE by sale its property real personal except
auction, and then to the highest bidder Charter 1857
Al Upon the consummation OF sales in this way
the proceeds carried the credit of the Sinking Fund
| II the proposed street is deemed improvement
% ne pracb pay unon he nj
| improvements Of similar character have hitherto
been made, and i see for making
this one exception especially while the city is SC
largely in debt and the property proposed to be taker
| has been TO its redemption.
There is method Of reaching the proposed end which
would mete equal justice to all that is by applying th
Supreme Court for the appointment Of Commissioners
Estimate and Assessment who should assess upon tn
parties benefited the just expense thereof can see nj
good reason for making the property in the immediate
| ciny beneficiary to so enormous amount withou
some equivalent IT. as conceive, the is in con
| trayention OF law am absoived, by every principle
from participating in its contamination. The charter, il
requiring presence ut the opening Of the bids
esty contempaes only the legal of the Corpo
| ration.
In conclusion, allow assure you that my action
not prompted by private views Of the necessity propr
ETY. Of the work. but by conception Of the duty imposed
upon me by an ordinance, which in degree makes
this department the guardian Of pghted public faith
therefore, must respectfully decline participate in
any way in carrying out the resolution under which your
! Board claims to act ROBT T. HAWS, Comptroller