The New York herald., 1874-12-17
Thu FOURTH AVENUE TRACKS.
Mr.. Simon Sterne's Defence of
tx Comptroller Green.
History Of the Harlem Lltl-
cation.


Comptroller Green by Mr.. Simon Sterne. II Is IN
tended 10 be an explanation OF and reasons ior
the attitude taken Dy the Department OF Finance
In Withholding the cty's share OF the expense OF
the Fourth avenue improvements
90 AND 6l WALL STREET,
NEW YORK, Dec. 15 1874. ]
Hon. ANDREW II. GREEN, comptroller
DEAR SIR-This mof ning's papers contain cor
rresponae,noe ase S,tn ns pon ySe masser OF
the Fourth avenue Improvement litigation. Mr.
Vance states that he has transmitted Mr.. smiths
communication aud his reply to you lor your gov
ernment In the premises. / deem 1t, therefore,
proper 10 place before you those iacts, or the
controversy, which l would have pronpty and
cheerfuly placed before Mayor Vance had
ougaiy to inform himself upon matter OF such
vital Importance to the taxpayers alike COM
manded before ne committed himself to MS letter
OF the l4th. Mayor Vance has allowed himself to
be msled into the belief, anu thus makes himseiI
by public communication the lnstrqmentality OF
one half OF building four tracks on Fourth avenue
for the use oil the Harlem Railroad and its essees,
and sinking the track Tor the safety OF the lives
and limbs OF the citizens OF New YORK, Is the sub
ject OF contract which II not faithfully carried
ton and the stoppage CT a great public improve
ment Nothing can be farmer from the truta, ire
spectve OF the legal aspects OF the question, IMAM
this statement.
COST OF LITIGATION.
Ffrst-The litigation Is not expensive; there Is
but one counsel engaged on behalf OF the city; ms
fees cannot bear any proportion 70 the amount IN
controversy, which may possibly be saved TO the
city, aud tue amount Of those fees Is practically
subject to the regulation OF the officia heads OF
the city. Therefore, upon the score OF expense,
there Is to be Ma o inter or
lectual labor to carry the litigation forward has
already been done and therefore BY far the largest
proportion OF the expense cannot oe saved oy
stopping the litigation here ana now.
PUBLIC IMPROVEMENTS Nor STOPPED.
Second-No public Improvement Is JeOpardzed
or stopped by reason Of the continued resistance
OF the cty's officers OF the payment oi One-nali III
this work. The Harlem Railroad has the whole
work under its supervision; 1t made the contracts
continue the Improvement to the end and pay the
ing and receiving the Denef. of the whole, 1t SHALL
nevertheless, receive half OF the cost thereof
the 1" city ie and the Harlem Ratlroad to pay the
latter any money whatever. The only con-
tract in existence upon the subject is one
entered into between the city OF New YORK and
the Harlem Railroad In 1882, when Mr.. Thomas
Adds Emmett was Counsel to the Corporation. in
condition Tor being allowed the use OF the Fourth
avenue to build " Whatever structures might there
zens and their property at its own expense, and
should the city require the Harlem Raliroad 10 va
on ue whtever This was
made by the city authorities Of that period, In
wise spirit Of anticipation OF the iuture growth OF
the metropolis, and IN the BELIEF that the
surface use, with steam, OF a central city avenue
by railroad company would, IN process OF time,
become nuisance too grievous to be borne
When, after the amagamation OF the Hudson
River with the Central Railroad. that great trunk
line became the lessee OF the Harlem Railroad
and transferred its depot from the Hudson River
to the Fourth avenue, the evils originally antict-
pated were largely aggravated by inc constant
for the purpose OF accommodating the largely
increased traffic thus brought to the Fourth
lem Railroad alone might have been borne
TOR years TO come without serious detrfmelt
Raoad eaed lis track three OF the most
thriving, busy and important ra'lroad corpora.
Ses q on s 81 cs e
part OF our metropolis by dangerous gull and
deprecated for miles the value OF real estate.
Then an active and persist tent agitation was COM
menced to compel the Harlem Railroad and its
lessees to sink the track, and thus once more re-
establish sale communication between the eastern
and western sides OF the city above Forty-second
street, and prevent the numerous accidents which
brought sorrow and death to many families in our
WHAT TwEED's ALDERMEN DID.
Had our city government then been In the hands
of persons at all alive to its interests. instead Of
as tnotoriously was, under the control OF junta
OF thieves. the contract OF 1882 would have been
strictly enforced and the Harlem Railroad and its
lessees been compelled to do the work OF abating
this nuisance at Its own expense. At that time
most directly injurIousy affected by the nuisance
in question, was formed, called the East Side
with the railroad company and its representatives.
as to how the nuisance could Be most quickly
! abated; a. snal time there was no thought or the
Tne s o. s
Conan at its head did on the 1st OF January, l872
pass resolution strictly analogous 70 chap. 7o2
ment bill, sadding one.half Of the expense OF the
abatement upon the city. This resolution even
was It's veto. 1t was passed, Notwithstanding that
veto on the same morning IL was the last tniquity
this city WAS was ever cursed with. The incoming re
form Board OF Aldermen within few weeks after
It's installation rescinded that L resolution and no
men TO revive scneme to which 1t then adlxed
It's reproDation. The Harlem Railroad, fotied be-
4 lore the city government in its attempt to saddle
the city with part OF the expenses OF q work which
/ IL should wholly bear, went to Albany to accom-
! plish this object. There it met with what must
have been unexpected success for not only was
the Legislature willing to impose upon the city
forever OF the Fourth avenue, authorizing II 10
/ lay two additional tracks upon 4, and imposed
upon the city the payment OF halt OF this whole
expense OF building bridges, vladucts aud SO
forth, for these new tracks as wen as for the old.
thus doubled, 1t practically forged the city TO pay
the whole expense o. a6atihS the nuisance, lead-
Ing to the Harlem Railroad the expense only Of
exceedingly valuable franchise conferred BY the
oct 2f sonstructi9g s R two adginona tracks on
ACTION OF THE ASSEMBLY.
Can It be said that the city, through its repre-
bill entered into an oblsaton Sf some sort IN the the
nature OF contract with the Harlem Railroad to
pay pa what the the act imposed Again, nothing can
In the Assembly by Mr.. Moulton, member from
this city, now Tax Commissioner, who. to his
I credit be 1t said, when he discovered its true
character, disclaimed any responsibility in
connection Herewith and resisted It's pass
age. Mr.. Rush G. Hawkins, another MEM
ber from this city, fought the bill
step by step until 1t passed the Assembly, and
then IN disgust resigned, making thereafter pub.
"he unhesitatngy asserts that this act mas no
precedent In the history OF legislation, and that its
passage cannot upon any kind Of plea be de.
iended." Notwithstanding the insidious and well
know influences which great corporation can
and does bring to bear for the accom- plshment OF
ITS legislative purposes small minority only Of
the Whole city delegation refrained from joining
In The following indignant protest:-
LETTER TO SPEAKER SMITH.
Hon HENRY SMITH Speaker Of the Assembly
s1R-We, the undersigned, members Of the Assembly
from the city Of New York, against the
OF the assembly bill No. 77 entitled An act 70 improve
and regulate the of Fourth avenue in the city Of
New York" Our protest Is chiefly based upon ioi.