The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-20
BR OADWAY.
~~~~>>~~~~-~~>~-->>~-o~-~-
History Of Its Widening North Of
Thirty-FOurth Street.
The Report of the Commissioners to be
Presented to the Supreme Court
TO-M0rrOw.
Over Six Millions Involved in
Assessments and Damages.
Why Property Owners will Resist the Con-
firmation Of the Report.


Tomorrow, Monday, it is expected that in the SUI
preme Court Chambers, before Judge Cardozo, the
commissioners for widening Broadway from Thirty
fourth to Fifty ninth street Will formally present
their report with view to have 1t brought up in
court at an early day for confirmation. Probably
more than seyen-tenth5 OF the owners OF real estate
between Twenty third and Eighty-slxth streets and
west OF Filth and Sixth avenues respectively, are
deeply interested In this Improvement. Most OF
them have employed counsel In order TO resist the
confirmation OF the report or tho commissioners
and to secure It's modification on what they
consider more just and equitable basis
The array OF legal talent will be quite
large when this report, to be presented
tomorrow, VIII be reached for consideration by the
Court Such being the case, ana the amount IN
VOWED, both in the assessment of special taxes for
benefits accruing and In the award for damages,
ceedng the sum OF
Six AND QUARTER MILLION DOLLARS,
Ia OF interest to the general public TO present In
the following short, concise, truthful history Of
this improvements; OF what had been done; how 1t
was done; how Broadway Is TO DC hereafter between
Thirty-fourth street and the Central Park and what
the objections which the owners OF contiguous
property. as well Of real estate comprised within
the OF assessment as prescribed by the Legis-
lature urge against the confirmation OF the report
OF the commissioners.
HISTORY OF THE WORK.
On the nth day OF May, 1869, the Legislature,
then In session, passed an act known now as chap
ter 500 OF the laws OF 1862 providing for the widen
Ing OF Broadway from Thirtythird or Thirty fourth
street to Fftyninth street. at its intersection with
Eighth avenue. The Commissioners OF tEe Central
Park, as they existed under the ''old regimen be.
fore the complete change OF the city government
last spring. authorized to lay this widened
n1yvpv IN ha cgx-tI,
and Seventh avenues intersect It, where 1t might be
made more than 100 feet wide. They were to have
duplicate maps prepared Of their plan and dupll-
cate copies OF their report, and file one
IN the ONCE OF the Street Commissioner and
In that OF the Register OF Deeds, within four months
from the passage OF the act. This done, the Coun-
BEL to the Corporation to apply to the Supreme
Court Tor the appointment or Commissioners OF
Estimate ana Assessment-as provided for the OPEN
Ing OF streets, &C., In the act passed April g. 1907
which has been in force since, and under which
Rll proceedings for opening, widening or extending
streets have been conducted from the time that
James Kent and Robert Fulton were members OF q
commission TO lay out the streets ana avenues OF
New YORK, wnose report was finally approved
These provisions Of the act Of $780, referred to as
cchapter %. OF that year, were all complied WITH
The then Commissioners Of the Central PARK went
carefully to work., prepared their plans, maps
snd reports t ana n,eG saem a. eauirea
Counsel to the CorporatIon Mr. Richard O'Gorman,
appeared before the supreme Court Chambers, Judge
CaruoZ0 presiding the necessary preliminary steps
having been taken, and moved Tor the appointment
Of Commissioners Of Estimate and Assessment under
the act OF April $, 1907. The motion granted,
ana the following named gentlemen were APP
pointed by the Court:-1homas Murphy the present
Collector OF this port; Charles q. Cornell the preae
cessor of Wash. Mclean in the Street Commits
sioner's office, and James s. Henuessey. Collector
Gently. few. weeks before the last
election. owing, It y said, to his rupture
'.Young democracy" ne seems TO nave concluded
to dlsconIect himself entirely with municipal az
fairs and tue party conttoblng them, ana ne re-
The Court being notlhed OF the TACT OF his resgna
ton, appointed Joel Fithian IN his stead. Tie act
OF 1859 made 1t the duty OF the commissioners 10
present final report OF assessments ana awards
70 the Court for confirmation wtnin eight months
from their appointment. But the work being enor-
NOUS the time was found to be too short, and the
last Legislature extended 1t 70 twelve months
which term Is now about expiring.
THE wIDENED BROADWAY.
According TO the plans OF the late commissioners
Of the Central Park, the widening OF Broadway,
under this act, begins on the west line OF SIKH ave
nue. at point SO feet IL inches south OF the souhery
line OF Thirty fourth street. IL runs thence III north
ery direction, reaching point on the southery line
OF Thirty fourth street distant 20 feet 81 inches
west from the corner, cutting of triangular piece
Of ground and turning II into Broadway. From this
point the west line OF this new Broadway Will be
nearly 26 feet the exact distance being 20 feet Ia
TO q pointan the block between Forty.second and
FOrythrd streets, and % eet south OF Tue sonthery
this point and between Broadway and seventh ave-
nue, being an irregular shaped quadrangle. will be
levelicd and added TO the pubic place now formed
by the intersection OF Broadway and Seventh
avenue.
From Forrythird street to Forty eighth street the
west line oil Broadway will correspond with tue
westerly line OF Seventh avenue TO Forty fifth street.
and thence Of Broadway to Forty-eighth street.
The buildings on the present block between Forty
sixth ana Forty seventn streets ana Broadway and
Seventh avenue Will also be removed and the
ground added to the public place above referred to-
public
ned and Strengthened. taking irregular pieces OF
ground called "gores" from the blocks abutting on
the east line OF Broadway and seventh avenue be-
tween Forty fourth and t0rtysixth streets large
new iron building, now being erected on the first OF
adjusted It's front to this reciihed line The
east line or the new Broadway, from Thirty fifth
street 10 rty-thlrd, along with the present
line, and no changes are made here.
From Forty eighth street to fity-ninth the dinl-
cutles Of locating this new Broadway aud Of making
q Just and equitable assessment and awardn were
greatest. The commissioners OF The Central PARK
we're ordered by the ACT Of 1869 not only TO widen
Broadway but to carry 1t up to Fitynlnth street IN
as straight line as possible. Those acquainted with
Broadway IN this section OF the city well know the
many .'elbows'-not "of the Minciop-which it
makes, first at the crossing OF Forty ninth street.
again at Fnty-second, at FIity-third and at other
streets higher up. Here, then The new Broadway at
blocks. Thus, for Instance, At the OF Fifty.
second street the entire width OF the pres
ent ACCOMPLISHMENTS feet five inches
Will be closed, and the easterly line OF
the new Broadway p. WIN be tho, west
exists and the new westerly line will be 100 feet
further west, taxing the entire depth Of building
lot for the use of the street. This IS an extreme
case, but now east and then again west the new
broadway cuts into the several blocks TO various
distances from five to forty feet.
WHAT WILL BE DONE WITH THE CLOSED PORTIONS
OF OLD BROADWAY?
The act or the Legislature OF 1863 already repeat-
edly referred 10, provides for the disposition or
those parcels OF ground now lying IN broadway and
70 be closed and the pnpc thereof abandoned,
on the principle OF riparian ownership Ihat IL
the owner OF ground auutting on street owns the
fee to The middle OF the street, subject to the servi
tude or easement-the public of Its surface
for street. THIS serytudc or easement being
abandoned by the public the reversionary interest
oil the abuttng owner revives and the possession OF
the land reverts to hun, subject to equitable com-
pensaton the publicin this case the city or New
York--Ior The value OF the easement or seryitu,ie
thus abandoned. Many OF the Owners OF lots frnnt.