The New York herald., 1875-12-04
EXPENSE OF STREET OPENINGS.

The following letter, exposing an enormous over
charge In the bills which the property holders have
paid for street openings despatched yesterday BY
the Counsel 20 the Corporation
Law DEPARTMENT.
OFRicE OF COUNSEL TO CORPORATION,
~. - c NEw YORK, Dec. 3, 1875.
TO THE COMMISSIONERS rHK OPKNING or STREETS
AVENUES
GSSrLEMES-rhe enormous expense which has for
some years attended the legal proceedinrs for the
opening OF streets and IN this city has induced
me TO make special examination OF the subject for the
purpose OF ascertaning how far these great ex-
penditures authorized or required by law From
such examination II Is entirely clear that down 10
the present time the expenses have been ami ~ III nro
portion TO the requirements Of the law and are without
any justification whatever As you are now conducting
proceedings not yet perfected desire to call your az
tention TO erroneous practice these cases in or
der that you avoid error into which every com
mission appointed during the last thirteen years has
fallen and that is VITA reference TO report The law
of April a. 1862, applicable in these cases provides
specifically what shall constitute your report That there
might be no misunderstanding OF your duty each step
proceedings s clearly provided for by the law
The street avenue for which you are TO estimate
assess damages has prior TO your appointment been laid
out the city map and surveyed and monumented by
the public authorities. Before any awards
or assessments can be made certain data
must bo obtained, and therefore, tho law
provides for the preparation under your direction Of
diagrams showing 1.-THE extent and boundaries OF the
spectve parcels of land taken" by the opening and
also similar diagrams OF the property benefited by the
proceeding npon which diagrams each parcel is 20 be
indicated by IA separate NUMBER, and 'the dimen-
SOnS, meteB ana bounds OF eacnb arc 10 De
laid down in figures After you have ascer-
tanned the names of the owners Of the various
parcels as far possible, and have determined the
amounts OF the awards for property taken and of as
sessments for that benefited the law provides for the
preparation by you OF tabular abstract OF your
awards and assessments in which each parcel shall be
referred to by its number upon the diagrams The
names OF the respective owners shall be given far
known, otherwise the parcel shall be indicated be-
longing to unknown owners, and the amounts
OF the awards and assessments for each piece
shall be stated Upon pages properly headed each
been properly prepared. After all objections Of prop
erty have been heard and passed upon the law
provides for the presentation of your report and in
terms specifies what shall constitute that report
'fhe said report shall consist Of said diagrams duly
corrected when necessary with tabular alb
stract of said estimate and assessment, with any
corrections alterations thereof by said Commis-
soners and shall refer the numbers Of the
parcels indicated by said daSams and the several
respectively estimated for or assessed upon each
OF said tracts parcels, with the OF the
owners or claimants Of each If ascertaned by said Com
missoncrs II shall not be necessary In said report
describe any Of the said tracts parcels by mees and
bounds but only by reference to the said diagrams II
entirely clear from this TO what shall constitute your
report. You are required-the diagrams furnishing all
the datato tabuate the awards and assessments as
now the CUSTOM referring TO affected parcels by the
propriate number in each upon the diagrams CIV
ing the names Of the and the assessed
or awarded in figures Then the diagrams and the tabu
lated abstract properly verified and certified by you
constitute the report They made by the law
In addition to these things it has been the nvarabe
custom for the clerk of the commission to prepare an
elaborate o-caed report in which leaf given for
each award and each assessment, and In which
elaborate story is told OF what the Commissioners have
done in each case; and the full description of the
affected property is given by notes and bounds.
This is exactly tho thing which the law con-
templates shall not be done. 1t says:-"The
said report shall consist Of said diagrams with
tabular abstract, &c, and provides against this
very thing specifically shall not be necessary
said report TO describe any Of the said tracts par
cells by metes and bounds but only by reference TO the
said diagrams The criticised process quite anao-
gous to that Of turning merchants ledger into
ratve, that each item should make complete story
These books, as might bc supposed generally become
rubbish when made they very voluminous,
much so that bulky volumes have been brought
forth in numbers from single opening They
are used for no legal purpose because they are
known to the law. Though these books are quite
necessary and serve useful purpose appears from
examination of the bills that they havc the city
snce the act OF 1862 forbade them $780, 600
not find rom any accessible records that their icgaty
has been suggested, but hereafter It VIII be
sary TO eliminate this item from the bills offered for
taxation when taxed suggest IT, therefore, you
at this time in order that the expense may not be
Cured by you. am gentlemen, yours respectfully,
WIN. G. WHITNEY, Counsel 70 the Corporation.