The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-20

interest in that part Of tho present Broadway 'front.'
ing their appropriated lots up 70 the middle OF the
street In such cases the law provides that the
owner of the loo on the opposite side OF Broadway
may acquire this reversonary interest OF his ris1-
ps and take possession OF that strip ana lon y 70
by the commissioners, TO the CITY chamberlain Tor
the benefit or the reverslonary owner Ia addition 10
the right or the city the basement II IL this COM
pcaJad condition or affairs winch has created con-
siderable uneasiness among the holders Of uptown
broadway property, between Forty e.ghtn and Fifty
ninth streets, and many OF the conestants Of the
report base their objections on TINS ground.
THE AREA OF ASSESSMENT.
The law cited above provides for an assessment OF
the costs OF THIS vast Improvement upon property
which, in the opinion OF the commissioners Is bene-
flied by it, but Il fixes certain limits beyond which
the assessment shall not extend. This II termed
have faithfully kept within the limits nxed by the
law; but ut the same time they hare taken In the
whole OF this area. The property thus assesse Is
From Twenty-thlrd to Thirty-nfth street, between
Fifth and Sixth avenues.
From Thrty.ifln to Forty-afth street, between
Sixth and Eighth avenues.
From Forty fifth to Finy-Gith street. between
Sixth aud Ninth avenues
From Fifty.Aftn to Eighty-sIxth street. between
Sixth and Eleventh avenues
The total amount or these assessments is
ss5o2, lS'; the total awarded as damages Tor pro-
perty taken IS s2,S94 ,4.0-eavlns surplus or ex.
cess OF assessments over damages OF $657,7l7.
HERE COMES IN TIE GREAT CONTEST
III IS Claimed w the contestants that some or the
awards for damages are excessive, while others are
wholly inadequate; that by reducing the one to a
1ar standard ana increasing the others 70 reason
able sum general increase oil the awards OF about
fifteen per cent would DO reached. At the same
time the contestants It Is said, VIII insist that o
general reduction OF the assessments should be nad
OK ut least tnrtythree per cent II not forty-five
per cent This claim OF reduction IN the assess
ment VIII be founded upon the following considera-
TONS @f@ rC
First, 1t is said, the commissioners admitted the
principle OF assessing public property well that
Oh lndivduais, ny imposing an assessment OF about
ten thousand dollars on that part OF the Central
Park lying between Seyenty-Seventh and Eighty
first streets and Eighth and Ninth avenues. The
principle being thus admitted, all that part OF Gen.
tral Park south OF Eighty street anu or
line continued from the middle OF Sixth avenue. the
contestants claim, should also be assessed for this
Improvement TO the amount OF at least 100000 or
$500, 000. Y
Next 1t is claimcd-and the claim is apparently
sustained by reference to the law--Ihat the city
at large should bear at least onehrd OF the cost OF
this Improvement. The act authorizing the widen
ing and Strengthening OF Broadway provides that II,
In the opinion Of the COMMISSIONER the city is gen.
orally benefited By the work they might assess on
the 'sMayor, Aldermen and Commonalty'' OF New
York an amount not exceeding one-third Of the
whole cost OF the improvement, and by u
general law, passed three DAYS later-to
for widening, opening or extending streets are
authorized to impose one-haf OF the cost upon the
city II IN their view the Improvement be OF general
benefit To ALL And Tor such assessment the city Is
to issue 'city Improvement stock,n TO run for
twenty years, an annual tax TO be raised to pay the
Interest ana create sinking fund for the payment
The contestants in the present case are not willing
to oppose the Improvement per sc. They appear to
be satisfied with It's necessity; but they said to
insist that 1t is work which Will rebound to the
benefit of all the Inhabitants o. New York, only
for the present. but Tor the future also, ana thai
hence IL Is unjust 10 make the owners Of property
within limited area pay for the whole, While the
entire city VIII reap the advantage For this reason
they claim that for at least onethrd Of the cost oil
the improvement the city should issue It's "nipr0ve
nent steck,n and thus reduce the assessment ON In
dividua owners by at least one-third, II not ore.
IL Is on this question OF reducing the assessment
ana also OF reducing some OF the awards OF damages
rs excessive and increasing others as inade quata
that the great contest Will be made in tue Supreme
Court whenever the report expected 20 be
formally presented tomorrow, shall come up for
confirmation.
THE COMMISSIONERS SAID TO BE YIELDING.
Exten.ed arguments OF counsel have already
been heard by tue commissioners on these various
points OF objection TO their report. And yesterday
1t was rumored that tho commissioners, having tae
power to amend their report before presenting IL ia
the Court, were inclined TO yield and TO make gen
eral reduction OF the assessments. ayeraE ng, the
whoie, from twenty TO twenty-five per cent II this
should be the the contest expected In the
courts will probably be less fierce or persistent.