The New York herald., 1871-03-29
THE BROADWAY WIDENING.
The Application for a New
Commissioner.
Argument in the Supreme Cour..---
Decision Reserved.


the matter Of widening Broadway. 1t has come up
before, and q commission was appointed which
made awards ana assessments, and, among the
latter assessed the Central Park for million
81 dollars. BY an act OF the last Legislature this
commission and Its awards and assessments were
set aside and q new one ordered, which the act de-
clared 20 be appointed by Judge OF the Su
preme court on application OF the Corporation
Counsel.
Accordingly on last Tuesday that oficer appeared
before Judge Cardozo the matter being on the CAL
enda for that day, and mad 1t adjourned until yes
tcrday morning. Half-past ten O'Clock found the
chambers or the Supreme Court filled to overnowing
with representatives OF the district which is the
subject OF ths litigation and the interest they felt
IA the matter depicted on their countenances.
ny the time Judge Cardozo had taken his place on
the hcnch every vacant seat was filled and numbers
were standing, taking up all the room, even to the
doorway. Amer the court had been formally opened
ana had sgnlned It's readiness to proceed with the
business Of the day Mr.. Richard 0'Gorman. Coun-
sci for the Corporation, rose TO
THE ARGUMENT
on the motion for the appointment or Q new COM
mission o. Estimate and Assessment In the matter
of widening Broadway, provided Tor by act of the
Legislature. lie spoke OF the old commission and OF
what 4 had done, and characterized 1t fraud on
tue pubic which law and justice required should be
ments invalid, ana especially referred TO that
assessing the Central Park for a million dollars,
which he thought could not stand. His position re.
CURED that he make The motion for the appointment
oI the commission. and nc strongly urged the Court
70 oary q MO eject
Counsel then read the following afidavits:-
MAYOR HALLS AFFIpAvIT.
Il % ss ay'sssn o ssn q aos as
s.s .ns lrsis,t5 spne o. and sso Ky
Iaslns q mat ran o Broadway between Thirty second
sa ioF. .sress Of greater width ihan loo feet In
60. y. re5 a a, 2.isy Han, being
s AZ Aea . s@ 81 sSs ,Ss ist s, o NJ. s.n ws
PTsssns q lhs sissine Commissioner OF said
s y % T.r @ Ss .ns
: H. ss ne ss.s n ss u the
:. fss Ns e s,,e any portion no Of ss s,Pene q The
bcw-.b frty fshiy-siHth and and
SpS s' aSs .Sa co%
mscs q . s eSasf Sa ssnss Funa Of me n
..r y esaes sas snogn, svAssd y ne a.r.s, lea 10
4 ths Masar Aaermen saa commonay for the parcels OF
e hAd awarded 70 'be cay q New fors The sgp q
sworn ,a before me- New York. March n. III
cHAs Q. JoLrSE, commssionsr OF DEEDS New York city
AFFIDAVIT oF PETER n. swEgNY.
Peter n sweeny The President OF the Of
% ean o. NE ass % ps1e
sala Beara q esmssioners % III. knowiedge
70 " ad agon hst portion q he Central Park ncadsd be-
tSeen finFrinih aad inh streets, fih ana Eighth
s6S Asss.sss ne above saed natter ana tbs deoo
a sl on % about ne gan q september
& = s S' o q & ,ss &psPsnsn s,a O. rgse Moss s re-
tnt o - deecroed property; shAi alter the sth day OF
Tiof Caut, ,as ossonsa, discovered that ths ot
procedns. AMI which sal sh deponeni believes
10 be irregular. Illegal ana unjust
AFFIDAVIT oF WILLIAM sISoL.IR
srs q ss,e Asa As.sses' s -. asoss enss a Ses, s
ana sapegsnlea the rerarailon ana cory9s q ths so
o the Department 81 ru5le Nerks on the 2i,h
s5 ~ s'''i a I. ss.aS -' % - was inPSssd
% aSs fT & . rs n Sc s s'ss'ff sa heaven
assessed upon tie Mayor Aldermen,
hearing objections and ooaained
sampe ise se. AMENDED awards ana sSpsnsss and The
.s See'd sss ssssT as eTsssos ss Sr @ m
snns deficiency ~ AZ assessment upon tae Central PARK
sch ia Mentioned assessen was served aSon the Com
2, rgss srS o. goe , any s snse % s o. sps
20 ,he besi q ,his opponents knowledge and belief
PROTEST FROM Tas AsToRS.
Mr.. u. u. Lord next read the afiliavit OF J.
Astor a. iollows:-
John Astor being duly sworn, saith he and Daniel
schedas 4 hereto annexed ssS VIM AsoT
sexed me & i. hos n n. own rh The lots msn,ioned
lie further saitL ihsi be has lons been
ssPsood q nc prSp5.ea widening AND vel acquainted
Witch With s % ss Il a ge s.s & Ss
s sss y s Inc a@sss whs w result rom IN
aE o. the yAae 2 "a rTsgey ,sssrss iS - q .s sn ns
should be be sah also assessments benehi
OF property exempt from which much
ss ~ % ~ a ss sao @ % aS.a sss s
sSsrs q ss sspenss be s.Mh also S 'ss' @
neKed schedules are many Instances ', ne
10 ,he ana Ihai 6ereh ths e,s
menleass ~ ss ssseas arr hs ~ bs
alavR q william As.or, hereun'o annened aud
The anlGayiis Of William Astor aud william n.
Asor eTe reaa and rere ~ Ss mere ss
In MS own right and not by trust
MI. ARN0Ux PITS ~ WORD
LORD ma sai Gown ana sad thai he represeniei
two sets ol parties one claiming that me AWARDS
made 70 Aem were ust ana pi.per asa lhe osh.I l,l
ncauon.
ASSIGNEE or A. AWARD.
Mr.. Hall next acmant 81 the attention of tie Court.
He appeared for Tue assignee of ma award. Hrs
client considered ihis award nothlng more tan Just
aud did not wish 4 dlsiurhei He passed NJ HI.
papers 10 the Judge, ara wnie the same we're ~
trdnsitu Mr. stone claimed The judicial ear which
beng granted he entered uFoa sne reading u aida
Wits HH -
The astdaviIs SCI TORN iune-, confidence IN the
against the same beng n any respect inseticrcd
with.
Mr. DIN. behalf ~ the Citizens Association.
protested IN brief but energetic speecn against tbs
alloMhhCe VI certain aNAf1- "hCl ~tfe specimen
He centralized his lnyectiye Thunder against those
made To Mr.. wason. late Coanis Auditor, and
which awards went now f0r the Deneft VI his
estate.
PROPERTY OwrRas on THx nArTKA
Mr. Graiz Nathan said he represented several
property owners whose property ~ De elected
by the proposed widening of Brusdway. They were
all In favor OF the awards standing a. they were.
After quite a sharp LITTLE speech on the subject be
passed up Ms papers. succeeding aim Mr. -t0ser
made protest from a NONRESIDENT osner. Tbls
gentleman expressed hlmself perfectly s&ti.ned
with the awards ana desired them remain a. tncy
are.
H. n. ANDERSON AGAINST THE NOTION
Alter a somewhat extended ex0fdGum Mr. An.
derson went on 70 say that he dad not sa0w unul
this notice had been published In the papers but
that some s;upcndous fraud was ~ De lad
open 10 the puDc. What had they Presented
as the ground Tor setting ASIDE tals otder