The New York herald., 1867-06-22
THE COURTS

SUYntMt tUUNI-fENkFFI ftHH1
The Chnrch street Observation-Disclosures oi
he ArGumeut.

The Church street acknowledgements o.
he ArGunsept.
Before Judges Leonard. Cierke and Smith
In tie Aa1vr g the Nation 10 Cossrm the Report Of the
Commissioners for the Opeano q caarea Street from Fl
Norris Street This case which on the previous
argument adjourned tho purpose Of allowing the
counsel the Corporation 70 reply 10 the counsel for
tho objcctor. resumed yesterday, Richard oGor-
man and VIM. Fullerton appearing for the city. and
ex.Judges Bonney and Hilton and H. b. Anderson
opposing the motion. The principal grounds upon
which the confirmation Of the report objected TO were
fully reported the HERALD upon the former hearing Of
the case wen the particulars in relation TO the
dsiric, upon which the assessment is proposed 70 be
levied, the cost of the proieoIed Improvement &c
The grounds upon wnicn the Counsel Tor the Corpora
ton rely, and which were presented yesterday are IN
The resolution Of the Common Council directing steps
be taken open this street is lawful, within Their
legitimate powers and its wisdom expediency s not
commissioners by the Court lawful IN accordance
with section 17s, chape So laws OF 1913 and sec ion
a.c:s OF ne constitution. Inc eonmiss,onsr; ~
matters OF fact within The range OF in9alry submitted 10
them-value OF property, amount of damage, amount
OF benefit reRulting from the proposed Improvements
The Commissioners not only court for
tho purpose oi this inquiry, but something more They
arc themselves tho position " witnesses IL IL part
OF their duty TO examine the promises fhey NAV de-
Information from all accessible Tnc oxtent
Of the OF assessment for benefit $50 Of tho
questions within The discretion Of tho commissioners. II
s provided by statute that proceedings Tor opening OF
ANY street thoronghIare in tna part tho city not
lad out by the Commissioners Of streets and Roads,
the act OF 1907. ,he Commissioners Of Estimate
and Assessment shall not bo condued 10 any denite
limits, bu. are authorized to extend their estimate ana
assessments 10 any lands they deem benefited.
The zee, now ID DO opened is not one of
taosc laid out BY commissioners appointed under
act Of April l3, 1907. IL would be impossible for tho
commissioners 70 satisfy every this matter Any
limit OF 0. assessment which they could decide
would be Objectionable 10 some those within the
limit will ALWAYS onts ara
within The limit and assessed for benefit, and because
their ncishbors and friends without tho limit ana
are not assessed. But If this question properly
be.or, tho court u would casily appear that tho
area OF assessment here is not large.
The opening OF Church street. from Fulton Morris
street, affords new and much needed ouic4 for the
overlooking commerce OF the grca. mercantile quarter
above City Hail Park This traffic chokes Broad
way and renders its travel SLOW dicnlt and dangerous
public improvement could never be perfected il Il.
not 10 be carried through until all objections from
private parties were satisfied. Tborc have been obcc
tons 10 every street opening widening which has
heretofore BEEN made For great pubfc improvements
oy , ~h,sn na tns whole city is benefited il Is but
Tho legislature o this state, in several recent
acts, has announced the principle that for o class
~ Improvements involving change the present map
or the city, c0nlerriDg manifest benefit tho whole
city, and necessarily entaing heavy expense
surae with tho greatness OF The benefit large propor-
ton OF saeh burden should ia the ctiaens large,
independent OF those whose property seemed TO be
directly benefited.
As 10 the special objections the following are those
which seem alone to merit cAamnatioD:--Fir. the OBJ
lection that the report Is signed by only two commits
oDes appears by thsadavits read In favor OF tho
motion that John B. Haskin the ordinary oath OF
Office. whereby he pledged himself faithfully
to perform tho trast and duties required
OF him BY the act under which he was
appointed" he met tho other commissioners, dis
cassei the mattor OF appointment Of officials to be
agreement between the thrce commissioners a certain
day in each week fixed for the stated meetings OF
For moro than one year he continued act. He did
not attend certain Of the later meetings perform the
said trust and duties, and 10 mis- absence the other
wen. on and performed these duties
BY no act or word did he convey any his
desire 70 refuse 10 perform these duties or to
lpe relieved Of hrs respOnsibiSy TO the written notices
ser sed on him 10 attond various meetings he sent no
answer u argued II great length this point that
lrom the provisions Of various acts Of the Legislature
cited, IL is manifest that the Legislature intended that
whore tho majority OF board body Of
act tho action OF the majority shall be caectua II
there be any objection rs 10 the expense o. this work.
fees commissioners, surveyors &c whole quos
lion - in the hands OF Judge Insraham and subact
TO review by the Court
The next point taken up referred to the letter Of
Richard b. Connolly, presenting objection on behalf
o. ,be aayor, Aldermen and conmonaty u the amount
OF certain assessmen upon the property o. the ciy IL
was conteDdcd that the only legitimate channel throuch
which this objection can reach the Is irougn the
Corporation Counsel In tins case the rights and ne-
rests of the Mayor Aldermen and Commonai,y not
njuriously affected. Tho Mayor, Aldermen and Com
noDalty, by resolution dated the 3si dav December
1884, directed tbs work TO he don In tee.r opinion Ii
cxredent that this street should be opened II the
Mayor, Aldermen ana Commopalty now think IL inexpc-
dent they repeal the resolution. The opinion Of
Richard d C0nnolis merely The opinion OF worthy
individual: but officially be has roico in the matter
But hls opinion s wyong. The city property called
The Cts Eau pars, the squarss Battery is vain
ab, and shoad he assessed FOR benefit Ike any other
property On mo,on Tor confirmation, evidence aqain.t
tha report will no, be received lness IL has previously
been submitted 10 the Co's missioners
As TO the objections urged the part OF the United
sates that they shoaid he SAC 0o0 hy the czsns
OF New YORK Tor damage done tho premises leased by
Them N Trinity place. and that the property leased
them ~ not snblec. 20 the night OF DOMAIN
claimed by the state o Nea York, IL Is supposed
by The touLse % the Corporation that these objections
are seriously urged. bat the United states Authorities
have merely lcnt themselves The other obostors
order 20 III up the ss, and II possible, make up
majority competent to effect successful 0pnoslsion
The counsel for tae United a.es has sgbmtoa auy
reasons Tor his propositions, and IL ia Supposed that
roDc exist An objection made hy Mr.. Anderson s
without foundation IA = lie objects thai ;ae amount
10 be r sci By assessments does equal tho
awarded for damages, &c ghe Gggres folowS:--
Awards, s.,5J5.jTa expenses subject 20 reduction,
sN.562 Total, s2.Gii 562 Golesi.ag axcc by law,
s3a,6l.. Total. 81 ds0,l53. total amount OF assess
mont Tor benefit. S26su, s5i.
Nr 0Gorinan. IN cSclasion, adverted % the oGicry
which has been naae through the medium ~ the pghc
press and rlar4ng posters lhc walls ealing Tie
cisxcrs 10 arouse aad decul ther a~aiHS. me
an ssry o iaigGiiy. the aeaesns of slgraer" SC
iqaiiols scheme consisted other great and -
shcls papers in u. - sns LoarL Dsclaica re-
served
tlrrrMr cntlq1-ruAuoccc