The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-23
LEXINGTON AVENUE EXTENSION
Application to Set Aside the Report OF
the Commissioners Allegations OF

Application to Set Aside the Report OF
the Comm fssioners -Auegations OF
Fraud.
There are no more prolific sources OF ntiga.
ton than opening streets and avenues, and
until all the territory embraced within the city
limits-however far such limits are eXtended-is
laid out and the streets and avenues completed
the attention of the courts is likely to be good
deal engrossed in the settlement of unavoid-
able disputes over awards and assessments.
The opening of few avenues has aroused such
spirit Of discontent and contention among those
owning property affected by the opening as the
opening of Lexington avenue and its extension to
Harlem River. An application was made yester-
day In Supreme Court, Chambers, before Judge
Davis to vacate the order Of confirmation in the
case and set aside the report OF the Commissioners.
In making the application, which was made by
Mr.. Warren IN the interest OF Samuel ID. Ste
vens, the former claimed either fraud or gross
mistake in the assessment OF some lots on IOSth
street. He said that the difference IN the assess
ments on these lots and those belonging to Ter
ence Farley, on l09th street and adjoining, was
too marked not to give ground OF suspicion that
all was not right He also said that the day before
OF the commissioners that 1t was not ready and
would not be presented Tor week TO come; that
ne could not get glimpse OF the books, and finally
that upon his urgent impOr tunities to see them
the privilege was most emphaticaly DENIED him.
Mr.. Peckham entered upon Jealous defence Of
the Commissioners. He denied through afhdavlts
the alleged exclusion or counsel rom seeing
the books and the charges OF fraud. He then
insisted that the confirmation OF report is
final, and that the present one, having
been confirmed could not be set aside.
The time to oppose the report was when it was
presented for confirmation. He claimed that the
opposing counsel did wrong in relying on the
statements OF mere clerk. The confirmation Of
the report. he urged lurther, should not now be
set aside as its confirmation had affected some
1000 people and over 1900 pieces OF property, and
as all the transactions since in the property thus
affected had been made upon the basis OF this re-
port He also commented upon the time that had
been allowed since the confirmation of the report
and the presentation, and insisted that any inter-
ference or alterations now would be attended with
incaculabe mischief.
Judge Davis asked MIR. Warren whether he
wished to base his present application upon the
ground OF fraud or a mistake.
MIR. Warren in response to this interrogatory,
sand that he charged fraud, most corrupt fraud.
The difference TOO great to make 1t otherwise.
Mr.. Stevens and others, he declared, were placed
on the Commissioners black list because they
would not accede to the wishes OF the Commission
ers. He insisted that the Broadway widening case
settled the question that the report could be
opened for either fraud or mistake, and he claimed
such q right IN the present case.
Alter some further argument Judge Davis took
the papers, reserving his decision.