New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-28
IMPROVING THE STREETS
ANOTHER APPEAL IN THE BROADWAY WIZ
INC CASE.
s53a75a IS


The Commissioners in the matter of the
Madison-ave. extension yesterday made a survey OF
the ground to be taken, and the land to be taken
was pointed out by the surveyor who aecompa-
MED them. They will hear further objections to the
amounts OF the awards and assessments tomorrow THIS
will be the day when dissatisfied property owners
will be afforded an opportunity to file their objections.
The Commissioners in the Eeyenth-aye extension met
Yesterday at No So Nassas hear objections to the
amounts of awards and assessments. j. W. Nlhlams
and r. NJ Hunt present and objected to the amounts
OF their assessments The matter Of the appeal in the
Broadway widening case from the decision OF Judge
Gilbert confirming the report Of the Commissioners
mp yesterday before Judges Leonard Larned and Dan
forth at the General Term Of the Supreme Court Lewis
L. Deaaeld appeared in behalf of the appealing property
owners lie made the appeal on the following grounds :
The majority report the work Of the two Comm Wood and
Hennesy This fatal defect and their report should not have
by Constitution Of 1895 the rule that majority Of the COm@,
compensation to be mse shall be aseeaned By jury or by not less
The Judge bow supposng that sufficient consultation
Uo 1851 M some time IN the course Of the poeeeg AZ he Con-
son met In Water Commissioner against Lansing % ~ T. 20
they all snd could not agree and aerard two met and made
majority report, which therefore held bad.
The Legislature right who what class Of persons
shall appointed THIS power cnadd by tie Con-
The Commissioners reports within prescribed
The reads which rPor, a be made within ak months after the
Al ne s 1sa ' itbia tbe i m. Ssgpe 19 es
ntrl TO me constitution OF the United States and all the
Tie majority repor, fatally defective In this tia,
adopd Of assessment and not conGnd eseye'
buug the to be assessed over the area Of the former Com
All assessments benefit outside area fhe
The appointment Of Commissioner Wood Invalid because made
Where BY one proceeding lands are taken and assessments are laid the
whole TO be deemed exercise Of the right Of eminent domain The
ion are i5sppcbs The objection to The widening in toto Any one
who assessed for benefit may object to the report for throws bur
The aments on the appellants lands should be vacated II this
De done the whole proceeding should be vacated
Mr.. Anderson argued at length in behalf OF
Messr sacchi and Pell aud Messrs. oGorman and Van
derpoe replied, controyertng the points advanced by
rho counsel for the appe ants Decision was reserved
The Street Committee OF the Board Of Aldermen met,
yesterday to consider the resolution in relation TO the
carriage-way and sidewalks Of Fifth-ave., south OF
Thirtyfourtht and also the resolution relative 20
widening Broadway from Seyenteenth-st. TO Twenty
secOndst. George M. Pel, on behalf Of a number Of
propertyowners, presented remonstranee against the
proposed widening OF Broadway The remembrance
characterized the scheme as Job" designed TO put
have SS heTetOfcTc BENEFITED largely by such
schemes Mr. Pen argued against the widening. and
said that the only action necessary TO relieve that p0r
ton Of Broadway and give the room required for traffic
was to remove the car tracks OF the Broadway railroad
Alderman ConOyer the mover fthe resolution supported
the project and repudated the charge Of jobbery He
said that he submitted the plan 10 the Judgment OF the
Committee aud the public Remonstranees were laid
before the Committee against any action relative TO
Ffth-aye IL was shown that the resolution did not
intended to provide for future necessities. In
1882 the Common Council passed an ordinance
permitting the owners of property Fifth-ave.
to ncose Is feet in front OF their residences court
yards and providing for q sidewalk OF additional
width OF is feet leaving the carriageway 40 feet wde
The right Of the city 10 alter these boundaries not
waived As the lower portion Of Ffthave rapidly in
OF appropriation for business purposes Alderman
Conoyer introduced the resolution which was considered
yesterday Dy the committee: Inc resolution does
not propose TO widen the street but proposes that here
after in all alterations for business purposes the limit
originally prescribed for court-yards shall be
included in the sidewalk. This project will
leave room for widening the carriage-way 10
90 feet, leaving sidewalk width OF 30 feet The mover
Of the resolution in supporting 1t before the Committee
said that t not designed TO widen the avenue, but
keep view the reserved rights OF the city for the
purpose OF meeting future wants.