The New York herald., 1874-12-15
THE FOURTH AVENUE IMPROVEMENT.

Letters from Corporation Counsel Smith
and Mayor vance-The Latter in
Favor of Paying the City's share OF
the Cost.
Mayor Vance has decided that the city is re.
aponsible for payment o. one-half the cost OF tn
Fourth avenue improvement, In accordance with
an act OF the Legislature passed for that special
purpose The following correspondence has taken
place IN relation to the matter, and was yesterday
given to the public by the Mayor
conroRArIos, NEW Yoax, Dec. 10. ial
Tho Hon SAMUEL L. VANCE. Mayor OF the City ofNew
s,Rln the matter of what is called the Fourth ave.
the and ya s law snae
o as s 0 4a III
meyer that the objections originated with himself and
The opnion Of Mr. simon serne who agreed with hm.
ea' "s m % M h % M
serne to put the whole matter in litigation strongly
hmm in rn s e render them entirely
ss of Fe1r Xppea saves
%s'S r'ssa a:S
y s 81 &
mted The litigation TO proceed at least SO lar tho
e apps1 il
there was ground for opposition 10 Tie law
on me part o. lines ,he eiay sutnorities
ion Of Messrs Nash and Davies 70 the effect ire
Shru these tnrec OPINIONS as unauSWerable
also enclose the printed opinion OF Mr.. sternc and
ns here is most cau,oles, and uselcs,
expenditure REQ o. pub public g.; money t ,,u,
all the laws and udici bearing upon the sub
ech ina, as Mayor q me city and the Comp
tne Is to meet % the Obligations o the
tom he opinions here with sent ' ''4'' '''s'''0
sansn w be glad Of any nmA'0n ofyour views upon tn
l. a M ysrY csose Ssa9 hs
EyE nppAD Tfrv noc l.
E. DFL4rrELD SMITH, ESQ., Counsel TO the Corporation
siR-i received Your communication oil the 10th
ton TO what IS known as the Fourth svenue mprose
MY attention attracted to this litigation when the
%
ing writ o. peremptory mandamus to issue, and was
at
s leave S
mind no doubt as TO the which is the duty
relating the mprSysment should Be Carried out in
SO often manifested BY predecessor to reduce by
am e opinion that ths particular instance. sSe iii.
the iprsyemens I'M Of rouh avenue was
with the approval q The city; The necessity Tor some
prosecali9n @ 'he he wors was actively promoted BY all
ias dangers resulting from lhe exstns state o
s There s are ew IN IN The cy who are not
and when completed there can be no doubt but
S he ia
No person has suggested, iar as know that In the
mater OF this improvement or IN the manner Of its
ecuton any wrong or imposition has been prac tised
upon the city. AS so properly urged by Judge Vest
brook - here pretence but that the Board of
pineeIs IN charge OF the work has honestly and
sclenuousY done It's duty. The amount OF money due
nqm the clty has been adjusted Determined and ascer
ahea ny tribunal specially organized and created for
lHe pupose ana Whicn, composed as IL was OF men OF
conceued integrity ability and learning, acting
snctIues OF an OATH infinitely better qualified
~ Wschafse thM dnty than any court Jury possibly
Gouu pe. Unlike a court, which, 10 ascertain facts
nust rely upo evidence of others this Board had per-
sonai khewcage OF the truth and right their judg
lhcnt me wOrk having been done unaer their supervs
hon and according TO their plans.u - -''
1ne comproller recognizing the force of such facts
as these an0 satisfied OF the duty and Obligation OF tile
Guy, ~ relation to this Improvement caused 10 lie
andi,ed and has paid several Of the claims presented for
Tue ex cution OF the WORK In my Judgment Tho Comm
troer was ully justified In all nc done in connec
uon with the payment OF these claims =
As lhe particular warrant TO which the toa t;ou re-
ates was returned by my predec the
OF f1nance Will forward TO the Comproer = COW az
your communication and OF this reply that he mny he
made acquainted with the course conder it 10 be- my
guy 70 follow IN the matter j will sugge,t 10 ihe
somnp m M ne proprety o delivering The warrant
me Tor signature new warrant which will sign ON
the canoe ellaton OF the previous one. %
VI course you Will sec that whae proceedings mn
ne hect ssary are taken 10 have the litigation closed
return the papers which accompanied your com.
munication 10 me. Respectfully
SAMUEL b. H. VANCE. Mayor.