The New York herald., 1873-09-04
THE MADISON AVENUE EXTEN-
SION.


to Street Openings-Onc of the Commits
sioners Manda musing the Comptroller
for His Pny-Thc Old Question of Re-
ceivinS Two Salaries from the City.
When the recent extension of Madison avenue
was ordered, this extension being the last in the
series and final winding up of the job, as it ran
from 124th street to Harlem River the Commits
sioners appointed to take supervisory control OF
such extension were Charles Place, j. W. Fowler
and Gratz Nathan. The distance was short, and
as the statute had fixed the rate of compensation
at SO much a lineal foot it was supposed there
could be no difficulty IN the matter OF payments to
the Commissioners and, least of all. that there
could be no overcharges. 1t appears that the first
two commissioners have been paid 1850 each for
their services although, according the simple rule
of multiplication, in multiplying the number OF
neal feet by the number oil cents allowed by law
strictly entitled to only s347 80 each. Without
cal astuteness hy which this result was achieved,
it is only necessary to say that as for Mr. Nathan,
aogetssr this tn. out ateq In sne GHa
most politely but firmly objected, and
the result was an application yesterday, in Su-
preme Court, Chambers, for a writ of peremptory
mandamus against the Comptroller, directing him
to pay the amount Of his claim, his claim being
ST., $50, the same as the others.
Mr.. Dean, Assistant Corporation Counsel, opposed
the application. He said that, by the act or 1882
the fees of commissioners in street openings are
foot. The number OF linea 1eet in this case was
about 3,77S, giving costs for all the commissioners
er o ha S M Of which Mr. Ntha1s snare
Gratz Nathan was, at the time OF his appointment
as such Commissioner, first clerk of the Corpora
tOn Attorney, and that, by the charter of 1870 any
head of department or bureau. or clerk thereof
was prohibited from having any interest in any
contract work or business to be paid for out OF the
city treasury, or in any assessment under any city
ordinance.
that it had been decided by Judge Gilbert that the
act OF 1862 only applied TO the opening Of streets
LAID down in the old map OF 1901, where the prop
erty having long been dedicated to public use, and
no buildings having been erected upon them the
awards for damage were merely formal and nomi-
nal that in this case the act OF the Legislature Of
large discretion to the OF assessment, which
was actually extended to Fourteenth street; that
the mad actually paid the other two
was was not correct; that the Court had already
himself taxed the costs at $3.50 on the report OF
MI. Pritclard, referee, and that that was final
AZ to the second point, he urged that
Corporation Attorneys office in August
1872, and most OF the work of the Commits
sion had been done since that time: moreover, the
law was only as to matters to be paid for by the
city treasury, and this was to be paid by assess
ments, or by assessments to be levied by the Com
mon Council, and this was levied by authority Of
the act OF the Legislature. The intent of the act
wss evidently to prevent corrupt contracts among
city on,Sias, for which there was no opportunity
in this cases. .... .
Mr. Dean briefly replied that the reasoning OF
Judge Gilbert In the Broadway widening case did
not apply to case like this, where the property
taken was comparatively unimprOved; that this
money had to be paid out OF the city treasury in
the first place, and the city might or might not
reimburse itself by assessments; that first i'm
piled q second clerk, whose services might be use-
less II the first clerk gave his whole time to the
business OF his office, and 1t was fair to presume
hat fhn Anis offrai int tn nv no orf
OF 1870 the whole time OF its employees, and that
II by their other duties to the city ether employees
became necessary. that the city should not thus be
compelled to pay double.
Mr.. Buckley CLAIMED that the services OF Mr..
Nathan in this case were rendered to the Supreme
Court and not to the city. He said that the Comp
troer could not, OF course put the money into his
pocket, but 1t would ultimately If withheld from
Mr.. Nathan find its way into some quarters un-
known.
'Perhaps it will find its way into my pocket"
said Mr.. Dean, smiling.
IL know of no wo1her recipient except my
client.r answered Mr.. Buckley.
cision.