New-York tribune., 1873-09-04
THE COURTS.
STRFET-OPENING LITIGATIONS.

STREET OPENING LITIGATIONS.
GRAFT NATHAN's ESTIMATE OF A COMMISSIONERS
COMPENSATION.
Judge Fancher listened TO a long argument
yesterday the Supreme Court Chambers, an appli
cation by Messrs vanderpOel and Buckley for per
emptory mandamus directing the Controller TO pay
Graft Nathan 81 $50 claimed compensation due for
services as Commissioner OF Estimate and Assessment
the MadsOn-ave Extension. The two other Commits
siOners were Charles Place and j. W. Fowler. and the
has already been paid his 81 $50 by the Control
ler Mr. Buckley said there was reason for making a
distinction between the Commissioners. The compensa
claimed AT the same rate as the costs granted
in the Broadway widening, which confirmed by
Judge Gilbert; and the the present
already taxed by Judge Fancher himself.
Mr.. DeaDe submitted the returns made TO the writ by
the Controller The grounds Of his refusal First,
that Chap 49, laws Of 1862 fixes the maximum compen-
sation for such Commissioners at 80 cents lnea foot
There were 3,7S3 neal feet the extension and this
would give I1Sl, which, divided between three, would
leave MI Nathan only s377 80. No matter what was
done what inconvenience might be caused to indyd
sals the limit there clearly fixed by law Secondly,
The reatOr was the time he acted Commissioner,
first clerk In the Corporation COunsels bureau and the
I5th section Of the Charter OF 1870 forbids any city
Oica from being directly or Indirectly interested III
contract or work TO be paid for out Of the city Treas
mon Council This work was paid by assessment, or at
all events from the Treasury the city was entitled to
BE. In a similar Judge Daniels decided that
official OF one the Courts forfeited his salary by
ceptng election TO the Legislature.
Mr. Buckley replied that the services were rendered,
20 the city, but 20 the Supreme Court which ap-
pointed COmmi ssioners. The work ordered by the
supreme OF the state and was done under the Act
OF 1913 The Court took the papers and reserved dec-
6.Ou.
OTHER LOCAL IMPROVEMENTS.
II was expected that long argument would
up in the ssupene Court yesterday in the matter
Of the application OF Judge Sutherland and Messrs.
Traphasen and Graham for a mandamus TO compel the
Controller TO pay them their Commissioners OF
Riverside Park opening; but Mr Dean counsel for
the Controller announced that the latter ready TO
pay and that the warrants were already prepared.
Mr. Deane appeared also IN the matter OF the Kings
bridge road aud asked for pOsponement OF the final
hearing OF the report of the Commissioners for three
weeks. the ground that the costs submitted Judge
Pratt not decided and the alterations In accord.
ance with the decision must occupy time On be-
half OF the 81. Lzabeth's Home the application was
opposed on the ground that decay was injurng the
pIoperty and that the costs submitted 10
Judge Pratt in july and the delay unaccOuniable
The Court granted pOstpJnement until Sept. Is.
Judge Daniels rendered opinion Yesterday con-
frmDg the awards granted by the Commissioners OF
enth-st. opening Judge Daniels holds
that under statute closing the BiOOmngdale Road
any portion reserved for the city may be condemned
nominal awards and that in the absence OF fraud, the
ri NJ he (umf a