New-York tribune., 1874-12-17
"The Black Statue has been set up in L
UUNIC[PAL WAR THRE1TENED.

SIMON STERN Defends MAYOR HAvEMEYERs RE-
FUsAL TO SIGN THE WARRANT FOR oNE-IIALF OF
TIE COST OF THE FoURrI-AyE. IMPROVEMENT.
Mayor Vance having determined to sign the
warrant for the payment OF onchai the cost Of tho
FOthave. improvement. the part OF The city, under
the Of the Legislature passed i872 Simon Stern,
| who was retained by the late Mayor H1vemeyer
10 contest tho legality OF the act, has ad-
| dressed a letter 10 the Controller requesting
| him not pay the money Mr.. Stern defends
the refusal of Mr. Havemeyer to sign the warrant and
aftor giving q statement OF tho points involved he
advises that effort should be made ny the city
authorities 10 obtain reversal Of jude Westtrooks
decision ordering tho settlement. Mayor VInce'S
action ia based the opnion OF the Hon. f. Deatied
Smith, Counsel to the Corporation sustained bg Judge
Westbrook that there Is ground whatever for oppo
sltion to the law the part OF the city authorities Ex
Judge Henry f. Davies OF the Court OF Appeals aud g.
r. Nash also In this view OF the cy's liability
pay. Mayor Vance also opposed to expensive
ts cation where the probabilities OF oil
against the city Mr. Stern ers from these gentlemen,
| and his principal points follows:
First: Tho litigation is expensive there is only
ore counsel engaged on behalf OF the city; ; his fees
cannot Dear any proportion the amount contro-
yersy witch may possibly be saved to ihe city, ana the
amount If those fees f practically subject to the regu
afion of the official heads of the city.
Secondly: NJ public improvement Is jeOp1rd!zed;or
stopped Of the continued resistance Of the ctys
Harlem Railroad has the whole work under its SUPER
vision made the contracts for the same and, Wiling
or unwilling, It must continue rho Improvement to tc
end and pi, the stipulated price. Tne only question
being .hr owning and rece wing me benefit " the
whole 1t Sd ueVerthess receive Idlt the cost tert1f
from the y: There is no contract between the city
and the Harlem Railroad to pay the latter any money
whatever IN ony contract IN existence upon the .u-
rct enerei intO between tho City ~ NeW-IOrk
ana the Harlem Elroad In 1852, when Mr. Tdomts Ads
Emmett vas Counsel 10 the CcrpOraton in wA,cn con-
tract the Harlem Railroad stipulated a condtion
| for beng permitted the use Or the FJur,h-aYe. to
buid whatever structures might hereafter Oe necessary
for the safety or NewiOrI aut their prIp'ry
At it. own expense aud should me city req ur1 tho
! HIclam RIrJid u vacato tho FJlrtLsGe., ihtt 10
| would do - without any con2tn4auon wl4tey"r.
might been borne tor years .hout
Elroa leased It's track three o; tie most thriyng,
bl.y ant important railroad corporations ON
this continent 1t prActcay cohn'cat "a one or me
| metropolis By dangerous gut, AMI deprecated Tor
miles Lne V@le OK rSai e.t.,a dteh d ah ac,ly1 I1d
Harlem Railroad ani lis lessees g sank the Track aud
tnus nJrs rcC stlDsI sdic com uuncdOn tive n
the eastern aud sides OF cry above FJtty
secOnd-st. aud prevent the numerous .dcnts whcn
The BIari OF Aldermen wirh Mr. Conlu at Its heal
did. the 1st OF January 1872, pass resolution
strictly analogous to Cnap. 7J4 OF the Laws OF
1872, the FJurth-ave Improvement bill, sLdiinS one
hif Of the expense OF the abatement ulJn rug city.
| which resolution was vetoed 10y Mayor HAL IL WAS
passed, notwithstanding tnIt veto. ON tie same IN jrn
ing. The incoming reform 'ari of Ai'r.nyn, wltHn
ton, and has been taken by the BlIr ot
Aldermen To scheme To whcd ~ tl"a aidx ;d IT'S
reprOhaon Tie Harlem RIl.toI I, i"tltd bt'ore tue
CITY Government In s aamgt To saddle the city witn
!
wholly bear went Albany to accomplish tins
object. Thtre 1t met w,th what mast have
Oc,n unexpected success; Tor NOT only WAS
| the Legi,lafurc Wiling 10 impose upon the city
naIf the expense ot sinking toe tHen existing
tracks bu it gave tue ii ,rrm Railroad the for
ever the FJurtn-ayc autnO.Zrg 10 10 lay two adil
tional tracks upon IL, aud imposed upoa tne ciy the
payment VI half OF tins whOe cNp5nSo Of building
bridges viaducts, and TOrn Tor te,o new tracks
wen Tor the od. Assuming, as II Is fnr to do, tnat
the expense thus d)uOic, II practically forced the
city wnOl0 expense OF abIing the nuisance.
leaving the Harlem Railroad the exponse only OF pro-
| is.
ingy valuable Irdncsc conferred by the act OF con-
sructing two additional tracks on public avenue OF
the cay of NeWYOsk Fifteen OF the of As
rom the CIy OF NewIOrk protested against
passage OF ine b chiefly upon the following
TINS act, aRy compensation beng paid
Ne.iork gives perpetual aad exclusive ue vi Of s
avenues to private corporation.
cOmpes taxpayer, Of Cilyo NewYot pay
the benefit corporation So 900
applied BY SAID corporation toward aDsans naaBcs
w1lch has cr1ted aad pefpetaAted by it
| You will therefore perceive, that this iniqutous
measure, nulfying the wise foresight and PROVISION
made by our municipal authorities OF lS3l-2 re-
ircted first by the CITY Government then rspudiatel
| by the clty'sd representatives at Albany, ana tiuay
upon tax PAYERS BY tho country mcmbors OF
| our legislative body only.
Into tue legal aspects OF this matter need not enter
here Both my opinion ana argument IN print, and
have been before the public. Allow me, however. TO
tuat the weight Of judge WestDrooks Judicial
ion Is very slight Indeed, this dangerous In Its
tendencies, aud every effort should be To have
reversed; aud it Is not at all event, you well
know, Tor tao General Term OF this district 10 reverse
even well-cOnSldered decision OF judge sitting ut
Chambers; aud recent term OF the Court Of Appeals
reversed almost onehdlf Of series or General Term
decisions from tnis district. Tao fact therefore, that
In the rst Instance single judge has differed from the
position taken by Mr.. Havemryer - not at all to be
deemed conclusive. Whatever fault was found by
public with the political administration of late
Mayor no one doubted MS sterling honesty and
inogly and In ais Resistance 70 THIS grevous wrong
upon tho ciy he DISPLAYED tne Rvst eiculepts VI hls
| slrvug cuAraoter.