The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-27
q r q a d W A Y.
The Commissioners Still Tinker.
ing at Their Report.
1ew and Intricate Questions Of Law-Extension
OF Madison Avenue and Widening Of
Broadway from Seventeenth to
Nineteenth Etreet-Remark-
able Official Reticence.

The account published In the HERALD OF last
sunday In relation to the widening OF Broadway
from Thirtyfourth to Fifty ninth street has already
had very salutary effect. 1t has put the Com
mfssi0ners on their guard, and opened TO them In
FUN review the whole fed OF objections they may
have to encounter on moving for the confirmation
OF their report it to be left 1t stood at the
time. Hence they have concluded. 80 IL Is now
given out to reconsider their action. AS pre-
dicted III the HERALD article referred to.
the Commissioners did appear in the Supreme
Court Special Term Monday, and made
. tender Of presenting their report; but this
was done as mere matter Of form, to comply with
the strict letter OF the statute authorizing the i'm
provement. At the same time It was intimated to
ehe presiding Judge that there were SO many cem-
phcated questions OF fact and many difficult:
principles Of law involved in the case that further
time was required TO consider them. They, there
fore, asked that an adjournment be allowed them to
the 10th day Of December next, the report In the
meantime to remain with them for sucn revision,
correction and amendment as they may deem just
and equitable to make in the interest
OF an parties concerned. This request was
granted, and the hearing in court ON
me confirmation Of this report OF the
commissioners will, therefore, not had before the
10th OF next MONTH and probably not even them for
Ia presumed that the matter VIII lie over till some
time next year, In order to give the Commissioners
stt further time TO 'revise their report and make
It acceptable This additional postponement il con-
adhered not only probable on account OF the com
plicated and difficult questions OF law and fact in
v0ved'-as the Commissioners stated it-but even
necessary, for the that the Commissioner last
appointed In the place OF Nj. Thomas Murphy, the
Collector who resigned, Mr.. Joel Ftnian Is said TO
have also withdrawn his acceptance OF the
appointment and new Commissioner
win have to be named in his stead
Considering the immense amount OF work
that had to be done within the past year to bring
70 Its present stage, incomplete though it still be;
the preparing OF plans, maps and specications the
personal Inspection Of the lots and buildings along
the entire length Of the Improvement; the search
various parcels OF property and the determination
OF the extent and nature Of interest Of EACH 80
Tar as this was possible to ascertain; the taking OF
ovadenee on questions OF value, OF benefits accruing
OF damages incurred; the hearing OF arguments on
penaA OF directors and contestants; the
receiving OF applications from parties holding
cennicting claims to portions OF the land
anected; the graduation OF the assessment OF
owners Of dstan: property for resulting benefits,
'nougn THEIR land may not be actually benefited
Dy the mprovemenU-consldering all these ana
OF Estimate and Assessment, there is no conscien.
aous man who would subscribe his name to such a
report and give 1t the authority OF his sanction upon
the mere say 80 or any two men. II determined to
De honest In the discharge OF his Official functions it
Will undoubtedly be his desire, it unquestionably
is mis- duty, to satisfy himself personally OF the cor
rectness OF the conclusions or his associates and
hen only attest his approval by his signature to the
report 1t Is believed and the belief seems not to be
NM ~
work and the numberless intncacies OF law
and other manifold difficulties surrounding 1t
which deferred the gentleman appointed to succeed
MI. Murphy on the commission from undertaking il,
and hence he is said to have retired as soon as he
became cognLant OF what was set before him 10 do,
and what the latters SUCCESSOR to be appointed by
virtue OF section 1877 OF the act Of April ls13-whlch
act is Sill In force, and provides the manner OF
opening, widening, STRENGTHENING or closing streets
In the city of New York-will have to perform
II may be, hewever-and there are many who
Mold TO this Opinion--that the remaining two Com
mlssioners, Charles g. Cornell and James Is. lien.
nessey' WIN avai themselves OF the proviso con.
April, 1913, which reads as follows:-
In all and every appointment commissioners
ana s OF as 90 .
SO to be appointed to proceed ana execute and
her ACT. shall be valid ehectual all the
hs 10 20 DC av for such said
IN all the acts decisions proceedings
s shall acting the premises shah
always be a. binding, valid and eectual If the said
mssione named and appointed for such purpose had all
eoncurred and joined therein.
As the two Commissioners named, who still retain
their offices and act under their appointment, are
thus authorized 10 continue to act, and their 'acts,
decisions and proceedings" are, by this selection,
made 'as binding. valid and effectuar" as II ali
three commissioners had acted In the premises aud
signed the report, 1t Is. as was stated above, the
opinion Of many that these two viii continue to act
Gill the final confirmation of the report and OregO the
opportunity a1orded by section 1877 of the Of 1913
to apply TO the Supreme Court for the appoint
lately resigned.
LEGAL DOUBTS.
But there have been grave legal doubts expressed
rs to the power OF the remaining two Commission
thus to proceed. 1t is cOntended by the lawyers
that the section quoted QSs) should be understood
only to provide that the unanimous assent OF all
three Commissioners was not necessary to give va
dity TO their acts, as in the case Of the verdict
jury, but that the agreement OF majority was sui-
Client This and nothing else, It Is claimed, was the
true intendment Of this section tor throughout the
act the number Of the Commissioners Is everywhere
therefore less number than three are not the
contemplated by the act, though the assent OF two
Of them. being majority, can give effect and legality
70 their proceedings This argument 1t is sought still
more to fortify by reference to section 1877, which
says that IN case Of the death, resignation or re-
aasai to act OF any such Commissioner Of Estimate
court aforesaid, on the application OF the Mavor.
&C. as often as such event snail happen, to appoint
Of the United States In the place and stead OF such
commissioner" NC. This appointments TO fill q
often as such event shall happen and rs ii IS said
10 nave happened again In this case, 1t IL claimed
mat thira appointment must be made
complete the commission otherwise II
might be valid ground TO reject the
report OF the TWO remaining Commissioners
ehirey. Oh course. IL Is not the intention OF this
article 10 enter into any consideration or the correct
ness OF either OF the views above detailed. They are
given merely to show what new legal difficulties have
arisen In the way of the confirmation OF the report
Of the commissioners the result of which must
execution oil the whole work or widening and
strengthening Broadway between the points named
and thus afford the citizens living along the line OF
Me proposed improvement or owning real estate
Within the ''area OF assessment a considerable
Oreatnlng speli' before the final attack Is made
etner upon their houses, lots or purses--a relief
probably not very unwec0me to any,
A REDUCTION IN PROSPECT
The runior mentioned In the closing para orapb in
last Sundays HERALD article on this subiecr that
kn0 commissioners COnfnmnlafinn a no,nrnI