New-York tribune., 1873-05-14

The Commissioners state that their original reserve
fund for equalZing inequalities &c. was about s29OO,
including however the costs, which leaves balance OF
oil but about four per cent of this mas
been used for the purpose designed balance OF 49,
742 is therefore, left be distributed pro rata for the
benefit those assessed and 1t the Court cuts down the
costs the amount of reduction will probably be added
The Commissioners claim, however. that they have
taken property than the hiDgsbridge Commission
ers and that their expenses will not reach onehrd OF
those OF the KingsbridSe Commissioners.
QUESTIONS oP LAW INVOLVED.
As the is thus to 90 before the court for final
adjustment. several points OF much legal interest will
be likely TO come up. One OF these is that OF the value
OF dedication" as seen In the Audubon Park road
claim but the most notable Que is that OF allowing
sequential damages In the OF the Hawley and
Foster objections. The objectors base their claims on
Section of law OF April l6, 1916, Chapter 100 HOfmans
Digest pp s20 s2D which provides that buildings in-
jured by the laying or streets though not IN the line
on the side OF those who would these claims IL Is
argued that to grant damages OF TINS nature
would be open an immense field for similar cast1 where
there could be definite standard Of award aud where
everything must be done by guess-Tork IL ~ also
claimed that grant these damages would be 10 establish
precedent which might hereafter be abused and prove
dangerous IL Is claimed too, that persons VINO bnld IN
the suburbs ia haphazard do knowing that the
extension OF regular streets Slll damage them IN the
matter OF specific arrangements, whllo, on tho other
hand It will greatly enhance the value OF their properly
and that for scattered population To caih hgh cOsc-
claimants and the city.
Tne argument on behalf OF the claimants simply the
prOvsOns OF the old law and the evident TACT that their
building sites damaged In the letter 10 Is held on
the side Of Obecors 10 granting tue damages that, II
damages be granted az all they should TO awarded with
the utmost care, aud at the lowest rate AT all compatible
with Just reward for injury; ana IL Is further held that
no trivial complants-suon one, Tor instance, "a mat
new street would pass uupieasantly near dwelling,
expose u greenhouse, &c.-shOuld ever be Needed.
Another point deserving notice IL the flct that the
Commissioners nave levied assessments upon graded
valuation rather than at equal per area without
respect distance from Onohnndred- and W ST.
Tue latter plan has been pursued by the kingsDrdge
Commissioners Giyinga given area at tue south end OF
the Improvement worth O0O aud an equal area at the
north end, worth $4,000, by tho boulevard Commission
ers pan the lower would Do Assessed twOthirds
OF tho total amount due from the two areas. and the
upper third the percentage In value being u
form. by the other plan the two areas would be as
sessed equally and the per cent ON value paid by tho
lower compared with tue per cont ON value N
paid by the upper would DO 3t TO G6I, while the
lower would bo InOst rapidly neped by the i'm
pr0yement The fairness Of the Boulevard COnmssion'
ers plan has recommended Itself u all tndt those
would De benefited by tho other plan Will not prob
ably contest n whio there Is serious talk VI cOltesng
tho klugBDridgo COMMISSIONER plan.