The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-10-22

Tho Remembrance Of Public Thsroushfara>,
At the opening Of the present term Of the
Court of General Sessions Mr.. Recorder
Hackett in his charge to the Grand Jury
especially directed the attention Of that inqui-
storial body to the undue encumbrancs by
builders and contractors of the sidewalks and
roadways of our public thoroughfares. While
admitting that owners of property enjoyed
certain limited right to the use OF the
streets, or portions Of them, when engaged
In works Of construction, repair or alteration
OF their premises, he observed that this privi-
iege, which had been wisely bestowed, was
subject to gross abuse by the builders, and
that no adequate remedy existed in the hands
OF the municipal authorities, from the fact that
the police was beyond their control There
are, however, many Of these breaches Of per-
mission which are indictable, and the power o<
the police to remove the distractions TO q
upon the owners Of the property, was con
ferred by section twenty-five Of the act OF
1864, amendatory of the Metropolitan Police
District act
Such being the law, there can exist no reason
why some measures should not be at oncs
evidently, to any person enjoying the sense Of
sight, becoming daily more intolerable and
audacious. For the past year Fifth avenue,
the boast Of New York in point Of
the architecture, taste and magnificence OF
its residences has been outrageously OH
structed at its northerly extremity. but par
ticularly SO from the vicinity of Fortieth
street to Fiftieth street. That portion OF
this thoroughfare is actually rendered un-
slightly by the huge mounds of brick, mortar.
sand and stone that lie promiscuously about
or cover the sidewalks, and in most instances
extend over one third of the roadway. Where,
as often occurs, buildings are being erected on
directly opposite sides of the avenue the ac-
tual passage left for vehicles is so narrow that
there Is danger Of collision when carriages
attempt to pass each other. in these gorges,
and pedestrians, too, frequently are compelled
to cross to the other side or walk in the centre
of the carriage way to avoid sinking ankle
deep in sand or plaster or running the risk Of
falling into area excavations and stumbling
and perhaps breaking their limbs over blocks
Of stone and piles of brick. And apart from
those personal risks, the DETACHMENT of this
elegant and much travelled avenue ID matter
Of public concern. There is no justice in the
act Of individuals who, while embellishing and
enhancing the value Of their own property,
thus mar the beauties Of property upon which
large outlays have been made to render il
attractive. In Paris, Vienna, Berlin and other
European capitals, distinguished for their Gle
gance and neatness, such state Of things
would not be tolerated for day; yet here, In
the metropolis of America, these things fasten
themselves for years IS eyesores upon the
community.
We call the attention Of the Grand Jury
particularly to this branch Of the charge by
the court, and refer them especially, in common
with other localities, to the portion of Fifth
avenue above spoken Of assured that in tho
enforcement of the trusts and duties to the
people confded in them they will not fail to
make an example which shall result to the
benefit of our citizens and to the credit and
taste of the city at large.