New-York tribune., 1872-08-08
BEAUTIFYING THE CITY.
THREE GRAND SCHEMES TO IMPROVE THE
WEST END


WEST END.
TWO sERPENTINE ROADS PROJECTED ALONG THE
RIDGE FROM FORT WASHINGTON TO TUBBY
NEUTRALITY-SUSPICIOUS. ROAD TO BE WIDENED
THE PROBABLE COST S5,0000O0 OR S60OO,-
0C0, HALF OF WHICH IS TO BE BORNE BY
THE CITY AT LARGE-CONFLICT OF AUTHOR
ITY AND POSSIBLE DELAY IN THE WORK
FULL LIST OF PRoPERTY-oWNERs INTER-
EsTED IN THE SCHEMES.
Three schemes are now under consideration
for the openng OF bouevards above one-hundred-anc
ffty-ffth-st. which will involve the appropriation OF
property varously estimated at from 100000 to OOo
COO ope-half OF which will undoubtedly go into the
general taxleyy TO be assessed upon properyhOders
at large while the remainder will be assessed "for
benefit" upon the owners Of land whose property
lies within certain limits TO be fixed by the Commission
These schemes are:
I, The extenion of the Boulevard from its present
terminus at sixthst to the Kings
bridge Road at its junction with Inwoodst Ihe pro
posed extension leaves the line Of the Kingbrdge Road
and runs in tortuous line north Of west nearly three
fourths OF mile; then north in winding course about
one mile and three-fourhs then irregulary southeast
three-fourths Of O mile.
III. road so feet in width, which leaves the line OF
Kingsbrdge Road at One-hundred andsxteth-st, runs
north Of west about three-eghths Of mile, then
follows the course Of the proposed extended Boulevard
nearly to Inwoods and turning serpentney, crossing
twice the property OF Mr. Joseph H. Hayes and Messrs
Flint and Jones' unites with the Kingsbrdge Road near
the junction Of the northern terminus OF the Boulevard
III. The widening Of the Kingsbridge Road from Its
lower terminus to the Harlem River, distance OF I'VE
miles.
The accompanying map will show the course Of the
three roads They through the lands of the persons
whose property esteemed extremely valuable and Will
undoubtedly be greatly enhanced by the improvement.
ORIGIN OF THE BOULEVARD EXTENSION.
The resolution extend the Boulevard from Onehun-
dredandfty ninthst. to Inwoodst as described in the
first paragraph, originated with the Central Park Com
missoners Petitions signed by numerous persons own
ing propery lying between Tentaye. the Kingsbrdge
Road and the Hudson River we're sent 10 the Commits
slOners urging them to take measures to extend the
Boulevard through the lands Of the petitioners and
during the month Of April 1872 Wm II. Grant civil en-
gneer after consulting with Of the petitioners as
to the course road laid out proposed course and
presented to the Commissioners On June S, 1872 the
PARK Commissioners held meeting and after consider
able discussion passed the following resolution:
Resolred That under and by virtue of the provisions
OF entitled act to provide for the laying our
ana pr SI csn basned pr 81 n the Bard OF
Commissioners OF the Department OF Public ParkS
hereby the streets and roads within that part OF
tue City OF NewYOrk to the noThward OF the southery
line Of One-hundred andhf y-hfthst provided for IN
tue map thereof. dated New-York May l. 1872, and
signed by VIM. II. Grant, civil and top1graphlcal eng
and direction Of the said streets aud roads be laid
down on said map, seeming to said Board OF commits
lands coored said map those required for the
said streets and roads laid out as aforesaid and that the
and roads laid out as Aforesaid TO be surveyed
designated by proper monuments aud also cause to
be prepared and submit to this Board proes ana grades
ior the said streets and roads 80 laid out.
In accordance with the determination OF the Commits
siOners the necessary maps were prepared by Gen.
Charles X. Graham, engineer. proposition was then
made in the Park Commission take the next step in
order which for the Commissioners to send peti-
ton to Supreme Court asking for the appointment Of
Conlm ssoners of Estimate and Assessment. But law
OF the last Legislature which had been overlooked gave
tho power to lay out avenues and boueyards after May
l. 1872 to the Department of Public Works, and Commits
George M Van Mort claimed that further action
In the matter should emanate from his office. AS con-
sequence Of this conflict OF authority no further steps
have been taken the Commissioners OF Parks as well as
Public Works awaiting the opinion Of Mr.. o'Gorman,
Corporation Counsel, who was appealed 10
some time ago for an opinion on the matter. The
Counseps decision was given yesterday in
letter which addressed to Mr.. Van Mort, copy Of
which will be found below IL will be seen that he be-
lieves the Department of Public Works have sole power
legally act but in the opinion Of William r. Martini
lawyer President Of the West Side Association and
large real estate owner in the district through which the
proected road is TO run and several other real estate
owners and OF lawyers well informed on the subject the
application for the appointment of Commissioners
should properly be made by the Park Commissioners
upon whom alone il is claimed the duty of taking the
initial steps deyolves. ...4 o..
MR. o'GoRuAE's oPINIoN-rHE DEPARTMENT OF Frsiic
WORKS ONLY AUTHORIZED.
The Hon @. NJ VAN MORT, Commissioner OF Public
DrhSsIR: In answer to your letter of July 80 ult,
requesting my opinion in relation TO the power and
duties Of the Department of Public Works under section
chapter s2 Laws OF 1872 IN the matter ol lns XII app
fla
lag the Boulevard and in relation to the acquisition or
title TO Streets roads and avenues above tnynlnth
ST. beg leave say by section of chapter 29O Laws Of
1871 it is provided that the Commissioners of the De
pArment OF Public Parks shall have exclusive power TO
acquire title in behalf Of the Mayor, Aldermen and
COuonalty to all streets avenues, roads, squares ana
places Fftyninthst The language Oh the statute
The Board of the Department Of Pebe Park;
on the behalf Mayor Aldermen and Comnonal Of the City Of
. IA n i1 ca TO- or al A saSS %sy c S d sa City
Of 9s 1ortssy Oi ad n.n or @ se5 s. S S be- e ar
nc and al proceedings subsequent thereto the s Sosn Of SCH
BY law conferred on and 70 be performed % sad
by of Chapter S2, Laws 1872, 1t is provided as
follows, VIZ: A.n h,.. ana ,o... III A..
pOSs functions heretofore nd possessed by the Department Of
Public P SS ,o2. 70 S Uo G. em % he h@
Of p PsSe pse % and al q Pubic M P., n
hereby transferred to and conferred upon the SAID Depart
am OF the opinion, that the Department OF Public
Works has exclusive power to make the necessary ap
boulevard and TO initiate the necessary proceedings for
the opening OF any street. avenue or road above Fifty
ninth-st.
As TO the validity Of the statute have heretofore ad
yised you that the statute Is valid expression OF the
legislative WILL and does not contravene any limitation
of the legislative power contained in the Constitution OF
the State In this opinion, however, have the msfor
tune TO differ from counsel whose opinions entitled
to respect l. therefore, recommend that in view OF the
magnitude OF the improvement and the large assessment
TO result therefrom and from abundant caution the
Department OF Public Works ana the Commissioners of
the Department OF Public Parks should join in the appl
cation for the appointment Of Commissioners. Yours
truly RICHARD O'GoRMAS Counsel to the Corporation.
Neo York, Aug 7, 1871