The New York herald., 1867-06-11
SUPREME COuaT-senfaAL TERM.

The Esicnsion Of Church reet-Whoicsnie
Objection OF Citizens and Corporations 10
the Affirmation Of the Report.
Before Judges Leonard Clerkc and Miller.
motion made yesterday before this court by
Richard OGorman and William Fullerton, Of counsel,
for the confirmation by the Court OF the report Of
Commissioners Of Estimate and Assessment for the cx-
tension Of Church street. large array Of counsel
appeared In opposition, including Judges Hilton and
Bonney. James NJ. Fowler II. u. Anderson, Z. Allen,
John 0. Dmmick and Mr. Nash.
After preliminary remarks by the Court Mr Jus
tioe Barnard stated that some relatives inter-
esed In the question TO be brought before the he
competent to sit in adjudication upon IL, and
Judge Miller was subsequently, called 70 take ms place
urday last attended the taxation OF in the case
which had been fixed at $4,000, and tina, he had ap
peaed from that taxation. He suggested that the APP
| peal be argued first.
In reply Mr. O'Gornan that the OF costs
had down for Saturday morning. and thar
the parties had appeared mt that time me proceedings
then adjourned until two O'Clock when the parties
not again appearing the clerk proceeded 10 tax the
costs. Tho only question was whether TOO much had
been charged and he would that if the parties had
appeared at the time to which they had adjourned they
might have opposed the taxation Any prolonged ad-
journment Of these proceedings woud only tend to a
continuance of the contest. which has already
assumed the characteristics Of n political war
fare against this contemplated Improvement.
Every engine for the manufacture OF public opinion
from leading article TO gutter snpchad been brought
into rcquisitlon the subject He appeared in behalf
OF the Mayor. Aldermen and comnonaiy Of the city of
project should be consummated. He wished to argue
the matter under consideration In a legitimate way and
as practicable, and the question OF would
be argued at the same times but he objected any
necessary delay for the reason that he dsrusted the
obiect of the motion.
Judge Bonney refuied the charge imputation Of
negtg encc, and stated that the clerk had
that he would render decision az two O'clock which
time he had despatched clerk. The clerk learned that
the costs had been taxed nj $4,000 and he tr Bouney
appealed from that taxation. tie would propose
that question of sent before referee to
examine and report upon It.
Mr oGorman objected, that references were slow
method OF disposDg OF business, and proposed that
confirmation Of the taxation pro farma be taken from
Special Term, and the whole question argued together
The points were then taken that the order affirming
the report could not be mace unti the finally
settled, as the costs, which amounted S4 formed
considerable Of the assessments and that undor
section 4TO Of The Code the Supreme Court could not
hear the matter General erm but that il must come
up first before the Special Term a non-en umeraied
motion. The Court subsequently, ovcruled both these
points and the Counsel TO the Corporation then moved
that the report OF the Commissioners Of Estimate and
Assessment in the matter of the extension OF church
Mr.. Bonney in opposing called attention to some OF
the singular features Of the assessment and said that
for The purpose OF the extension OF street from Fulton
street 20 Morris street distance of nineteen hun
dred feet and having width OF about eighty feet an
assessment of nearly $1,000 600 had been imposed on
district embracing the lower portion OF the city south OF
Fourteenth street. comprising twcvo thousand persous
and seventeen thousand lots He based his nrs objec
ton the fact that the greater portion of the business
of the commission had been transacted bv but two mem
bers OF the body Messr John Scott and George Arcu
concurrence
member Mr. John b. HasLin THIS he contended rem
dcred the whole proceeding invalid under the provision
Of the constitution which requires that when property
Is appropriated for the public shall Re assessed by
q Jury or by three commissioners duly appointed
Mr.. Bonney's next objection Ia pehaif OF Mr.
James Fellows, who is the owner OF house aud lot
Cortlandt street and part OF lot In Dey street. which
have been taken for this Improvement. He then re.
marked:-The property on Cortlandt street is about
twenty. i've feet In width by one hundred and twenty
four feet IN depth, and has erected thereon substantial
brick store four stories in height in front and five stories
IN fha lruEa dfnrn rfV q mn
num- and is worth about $95, ,0O0 The whole OF this
property will be swept away in the proposed improve
$62s15 although II 10 confessedy aud evidently one OF
the best places OF business in point of location in the
CITY, have here the afldayits OF Mr. Thomas Garner
builder Of this city, who has had thirty years erperi
encc and who estncs that the building on Cortlandt
street q worth $4,000 At present prices, and cost
materials cheap; the afldavit OF Mr. Van Colt
broker states that this lot which about equal value
the average Of lots in that vicinity, worth $4,000
From this II appears that the property In worth from
100000 sl00o and the Commissioners propose 70
snS rSs ,s or bc Cour 70 saw wnshsr @
fair and reasonable or not Directly opposite the pre-.
misses stand. another :as sgIldns owned by X.ssrs
store in respect to material, the front being
Of marble, but has depth Of only about
s,oners have awarded upwards ef eo%ns
tent builder says the difference in value of The fronts Of
hs Ssvs i y y ss s but
Mr. oeorman here rces and exhibited the assessment
roll which showed that the Fellows and building had
been assessed at es5, $50.
Mr. pcnney confessed 20 being mistaken IN the
amountas Il appears tne roll and stated that
had been increased from the former amount by the
Commissioners through the objections OF Mr. Feilows
hs s1sn proceeded 70 cay that With regard TO Mr. F.l
10 take about nine feet on nde Of the northery
end and one foot tbs southery end owing 70 the ne.
culiar form Of the lo and tor tins they hsd awarded
him $500 The taking Of ths piece Of ground would
neceoitats the pullpg down Of the side WALL ana 70
carry on his business under the difcultles thus pve-
ssnssd and make the psopsvty tenabIe and in every
rcepsct equal 70 lie present. condition. would require an