New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-08
THE FOURTH-AVE. IMPROVEMENTS.

THE FOURTH-AVE. IMPROVEMENTS.
BASIS OF THE MAYORS REFUSAL TO PAY HALF
THE COST OF DEEPENING AND WIDENING THE
HARLEM RAILwAY-oPINIoN OF SIMON sTERNE-
AN EFFORT TO SAVE 100000.
Mayor Havemeyer made public on Saturday
opinion which prepared at his request by Simon
sterne In reference gality Of the claim against
the city for fifty per Of the OF the Fourthave
improvements, and which he based his re-
fusal to sign the warrant for May, as stated In
Saturdays TRIBUNE. The Mayor said that he had
for long time Of the consttutionalty Of the
law CHAP OF the laws OF 1922 because 1t did not
TO him to be reasonable exercise OF legislative
power that could compel the city TO appropriate any
portion OF Its funds TO private corporation, the pecu
MARY benefits OF which to nure to the latter and in
which the city had share On May 10 he applied to Mr.
serne for written opinion the subject as 1t involved
an expense to the city of about H. 1900 An opinion
tanning the Mayors views was rendered, and Mayor
says he will continue refuse to sign the
warrants drawn for this purpose, unless he shall be
compelled TO do II he should allow the public money
to be wrongfully expended 1t would be difficult to
it, while the other direction would only
delay aud could be rected without great cost or
injury.
Mr.. Sernes opinion which Is very long, reviews the
circumstances under which the act Of 1872 to improve
and regulate the Of Fourthave" was passed. Mr..
sterne says:
At that time the New.York and Harlem Railroad Com
IL clearly within the power OF the Legislature
IN urherance Of the interest OF the pubic aud In dis.
charge Of duty protect the safety OF persons and
Of property TO compel the railway company either TO
discontinue the use OF public thoroughfare altogether,
when the manner heretofore adopted by the
corporation had become nuisance, or to regulate its
terest and welfare. Aud the exercise OF that power
carried with 1t colorado right on the part Of the
railway corporation for compensation for necessary
expenses which conformity TO such law would i'm
pose upon it. Indeed, believe 1t would have been
with fha nvfnaA IF "a mn N
apate or regulate what had become crying evll
and and protect that az q from
ever, it certainly within the province OF
the to DO this ana without b 50 n
railway the building o vladucs, foot and road bridges
iy NH to one.hundred-andt -frstss il provides
that during the progress OF the WORK the Company DC
acter, aud "to lay down permanently two additional
tracks said avenue, and ~ make such landings and
additional tracks with landings Tor the entrance and
delivery OF passengers outside Oh the exesaIiOns and
vIacucts. 7-- cc--1 --------,E--.1 :. si''
MI sterne thinks that this privilege is an important
element in the question before him, and adds;
This, understand the railway IS now doing and the
cost Of the soealed Improvement i eonsdeasiy sI..
baueed perhaps doubled by the carrying out OF TINS a
the building Of such railway Section creates ooaru
Of engineers, names them, provides tnat tney shali
make plans and specifications, file with the Con-
troler aud take AN oath OF Office. Section provides
when the plans, specifications and estimate shall he
fled the expense and cost OF such improvement shalI
be borne aud paid by the New YORK and Harlem Kali
road Company and the Mayor, Aldermen ana Common
atty the city equal proportion as the construction
| Of the SAID Improvement proceeds. Inc same
| manner 10 which the half to lie paid by the city
IL TO be paid, and that the city warrant Is 10 De
drawn favor OF the treasurer OF SAID railroad eo-
pany." Thls section, clearly and unequvocay, u IL H
In the power Of Legislature TO do suen an act I'm.
poses upon city the charge OF one nan the cos OF
this railway enterprise Section provides for the lay
ing tax Uf one-fourh OF the whole estimated ex
pense upon the real and personal properly SUP
ect taxation the city and county 10 lei1 ana ne
other fourth In like manner IN 1878 Inc same section
further proceeds authorize the Controer
bonds In anticipation Of the tax and pay outline
| proceeds to this railway corporation section pro
hibits the Mayor, Aldermen, add Comnonay Iron IN
| terfering with the Of Fourth-ave above Forty
| secOnd-st. by such railway CORPORATION ana contains
q legislative transfer 10 the railway corporation oi
The measure seems be carefully drawn one with
clear perception of the difficulty INTENDED 10 DC removed
and plain provisions To accomplish hat emu ~ aoaes
the improper and dangerous use OF one OF the puDne
thorougnaIe OF the city by priVaH railway corpord
tons; and 10 80 far accomPshes that end Is 10
be upne i'd ON grounds Of pubic policy aud within the
scope OF legislative power. Ana AZ 10 wei. eet,ea
principle of that an act the CONSTITUTIONAL
provisions winch can he separated from tue uheohsti
tutloual will be Upheld IN 50 lar as y not
obnoxious, believe IL 10 be, IN ls man scope anu ou
feet, a constitutional measure. But am clearly OF
opinion all the provisions charging upoi. Tue CIV
half Of the expense OF this socaed Improvement ou. III
reality abating nuisance and building priva6 enter
prise and leyyIng tax upon the property VI the eIl
OF New York for such purpose are PapaDy anu grossp
! III violation OF the constitution of the state
The grounds OF this belief shown by comparison
OF the provisions Of the act with clauses Of the Cons
tuition VI lie stale requiring taxAtlQn ~ " VeibS be9