New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-06-14
- Aonoat. 10 land, on each side within half The dis

Tr0T
cent TO- No modification has ever boon made since
the act Of 1916, above cited.
The slarpers Of the Ring claim that Madison avenue,
not having been laid ont by the Commissioners OF sO
must be regarded as nep street and for all legal pur
poses can only be treated and defended as such Let
us see Lexington avenue and Madison avenue. being
both within that part Of the city laid out By the Com
misSiOncrs OF 1907 and not having been lai0 out Dy
them cOnd therefore DO only authorized by act OF Tue
Legislature These several acts may be found IN the
legislative proceedings OF 1892, chap lOl and lSe'
chap. l4e creating and extending Lexington avenue
from Fourteenth street 10 FOrtysecOnd street and 1888
chap. 39 opening and extending Madison avenue nom
Twenty third street to Forty street The language
of these several IL identical with that of the law oil
1860 chap 4GG authorizing the opening and extension
Of Madison avenue from Forty second street 10 IlEh
sixth street This act reoites In terms nat ne STRIP
Of ground therein desiRnaed is Aersby declared for az
legal purposes 70 be street IN Ike Fqann as " H"D
been laid 0uf by tke Commissioners Of lsOL"
The language above quoted Is ne only cnMorlg 10 o
found either for laying out the street or ndicang o
course of procedure 10 take the lands or make copn
sation TO the for the lands taken or assess lot
benefits TO pay tho expense thereof IL is eSsen H.
the act taking lands for public street or ro"o s
make provision for compensation ana assessment o'nc
wise il is wholly void and unconstitutional 10 END
O. 1918: DEMO 255 ls Barbour lis, 1875 I'LL o''i
Ker. 30s. ,,,. .A.
the new street constituting the extension OF MADISON
avenue in question must, under the WORDS OF te nc
1860 above quoted, be defended ana iea,e1 oT al W."
purposes rs il had in fact been laid out by ine
missoners Of 1901 else the act IS unconsuuohA Us
not making provisions for paying for the andS tlA,n
Lexington avenue has been opened, regulated anu
graded from Fourteenth street. 10 Hamilton square
Sixty fifth street: and paved and curD ana Huler sN.
as far I'D es FtyseveDth street. Under the pro1son'
of the act Of le07 r6irmed in ielJ slo anu ~
all the property lying on either SIDE nan we uistVo
the next street avenue, has paid or i heiu resPV'
HE for the cost thereof So too Win Madison avenue
from Twenty third street to Fortysecond street. aud
40 too with every other avenue or street as lar as he
have been opened. regulated graded or paved IN Al
ha, part the city laid ont by The OF oD
Down 10 the 9th day Of October lshJ there is MOI one
single exception 20 be found. The nearest approach
thereto prior 10 the above date by Justice Suther
land in the Second avenue extension from One Auheu
and.twenty.third street 70 Harlem RycrsDme three or
four bockS-n unwisely If not unjusiy permitting tho
assessment therefor 20 extend down 70 Honstonstec
ALWAYS keeping however within half The distance 70 tho
next avenue AS grand permanent system u has
proved eminently sound and iudicOus as rule Of law
as and equitable: and cheerful acgUiescenco Ia ali
The provisions thereof the part Of those IN interest
for more than half century is the best evidence IN tue
world that IL Is entirely acceptable and should hot Dc
disturbed None but heartess disciple oil the kiRs
would attempt IL.
In the year 1897. or about that year the several
streets from Forty second street 10 Fifty seventh street.
inclusive were declared open nom the last llYer 10
the North River. at cost to the property ifoniinS
thereon OF about 500 600 Seven hundred thousand cor
srs) including cost OF commissions and quite large
sum for paving the heirs and owners Of several Oh IAN
y mansions and other buildings erected on the Inc OF
tiese said stIeots prior 70 the year lsVl mere then
i will be seeu we have aggregate length OF about
fifteen miles OF street.-The island az this point ayerag-
ing q mile In width with area ~ land taken there
for equal o. about two hundred and tweniy-iN acres
leaving out the avenue iutersectODs or thirty seven
hundred ard thirytwo lots more OF less each - icet
by 100 for the aboye-nGmed sum OF t'VvO averaging
about Sl-s per lot
and directed the opening and extension ~ " alison
avenue 20 feet in width from tina norhery side Of Forty
second street to the sonherly side o. Eiglty-sNlh
street a distance Of "A hlooks-a fraction over two
miles The said act declare rsf nc "trip o. ground
ersin dsignGied s hereby deeertd, for al kss' Pnr'
poses % BE- a IN Ike nannsL IS bad 6sen lad o4i
BIZ he C0Nmissi0neys Of eO7" Here then, We have an
aren of land 70 be taken for public equal 10 about
Ia acres or sl lots each - feet By loJae rom tne
several street inteFsectious-or which the owners
thereof are 10 be awarded and paid lar and reasOnh
bic compensation. Nothing more nothing iess. lie
whole cost be assessed upon and paid bv the property
fronting said and hull the distance 10 Tie ad'
Madison avenue Is located midway between Fourth
and Fiji avenues. The newly extended part thereof
from Forty second street ~ Egiy-sixth street. upon
lands moro or less broken and lnIersected 10y hhupi
lodges Of rock. and low swamp{ rHVine-, required q
barge amount Of excavation ana Milling tn reduce 70
proper grade To such an e,'snt was tnls t.' ac
disposed men having proper knowledge OF The SUI
lect matter could be- found in tho City OF Ne"l ofk
who would not concede at once tlet an average 's.uA
ron of - 800 Der lot or total of sl0l go would have
been fair and liberal award for the strip OF land ia
Question Such all events, il the opinion OF man!
fully competent 10 Judge, who have been eohsul1,C
thereCpOn. , o, -.
Mir. walter Roche set down IN the City Directory
as Supervisor and Hquor-deaer, Mr. Eilcit \. WOO
ward as clerk and Mr. John scott, SAID 70 De ciers
in the Office Of William NJ Tweed. 1t appears were The
persons selected mot by those who were to foot th'
ts) as the Commissioners for opening The said avenue
/ These ccntlecmen entered upon tho work ASSIGNED
them, and IN dne process Of time presented oil @
awards and cost fr laying out this two miles and
fraction OF new street, 10 the tune OF stDDJ sun
equal 70 about e. 80 per lot for TIC several lots WhcN
total of s57 900 above and beyond what may %
safely regarded far average valuation therefor
exceeding by about $500 90 the c9st Of opening ant
laying ont the fifteen miles f street IN lcJ
above alluded 20. Comment i Unnecessary IT
NAV be mentioned. however, as an instance oil lh'
exceeding hbcraty Of these gentlemen Commissioner
that an award Of 50 900 made by them 10 the Owne
Of frame building sb0ut % feet by 90 one and nal
stories high erected many years since uPu hhuitoi
avenue between 10Th and J0h streets by the Deaf ant
Dumb Institution, and used by tlem as a laundry WINE
for the old Beensn mansion, erected upon the junction
of 5lst street and LIST avenue Dullhng worth Tour
five times the true value OF the one IN question the CON
missoners Of 1897 made on award OF y JO Zone thOu
sand five hundred dOllars). IL is quite possible th'
award In this Madison avenue case may have been made
upon or have mixed with it, more or less the Prncp
adopted by the Common Council IN the donations re
Gently made by them 20 tie several cha'labie lnttuu
tons OF tue city. The people are certainly tehHo Nv''
There are n block, Of ground 900 rce each exclusive
Of the streets on the line Of Madison avenue from the
north side Of ToItysecond street 10 the south Eide d
Tghtysixth street which gives according to the true
intent and meaning Of the law Of 1907 81 Tealmed Ia
1913. 1916 and 1860 limiting assessments for street
improvements 10 the several Ot fronting on 'leI hiuc
half the distance to the next street or avenue thirty
two lois 10 block each Is feet by 100 or total O
| l. 400 lots upon which alone the above amount Of
$3.50 $50 awards and costs could DO legally assessed-a
sum equal 20 about s703 per LOT.
There Is upon statute books a statute Of long
standing which forbids in positive terms, the impos
ton of assessment upon any property for local I'm
prOyement beyond half the taxable value thereof as ap
| praised By the Tax Commissioners Here then was an
msurmountabe obstacle in the way Of perpetrang this
outrage upon these property holders as but very few OF
{. he ]
taxable valuation Of even ST. 600 Like the unfortunate
nrohn who resorted % second asehoOd 70 cover the