The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-14
The Corporation Counsel Attacks the
Street Openings Under Tweed.
OPENING A RICH VEIN. OF FRAUD.
Lame and Impotent Conclusion Of the
Black Friday Suit
An Old Litigation Growing Out Of the China
Trade

suit for some time pending in the name Of Charles
g. Cornell James B. Nicholson and Ellen n. Hennsssy,
misunderstanding OF James g. Hennessy, deceased, to re
cover from the city the sum OF $165 6s2 40 for costs
and charges commissioners In street widenings
suddenly arrested In its course. yesterday, by an
order OF injunction granted by Judge Barrett In
Supreme Court Chambers II will be remembered that
the plaintiffs Cornell and Nicholson and James s.
Hennessy were commissioners for the widening Of
Broadway piece OF carried under the rule OF
Inc late Boss Tweed and tho money sued for Is for
their services in that capacity The application for
HE injunction which the further prosecution
II that suit, was made BY Assistant Corporation
Counsel Requier behalf OF Corporation Counsel
Whitney, based on M deliberately prepared
paint in which the city Is made plaintiff and The other
parties defendants THIS complaint, IN addition
praying Tor the injunction already mentioned, asks
the Court 10 exercise its equity powers in setting
aside Judgment rendered against tho city and IN favor
D the defendants IN this II charges thnt there
numerous fraudulent and excessive overcharges
included III the pretended costs and charges and ex
pcnses Of the Commissioners sued tor and claims that
tho allowance thereof before the final report OF the
Commissioners by Judge Cardozo. ''wi,hout any oppo
stion being made thereton by the then Corporation
Counsel, should not be allowed to bind the city In
the seventh paragraph Of the complaint there al
.exea, among other startling ovcrcharges, tnat wno
The Improvement was more than eight miles IN its
gc-cral outline limits, By the insertion OF SUPER
nuous boundary lines and counting lines over which
ran the common boundaries OF contiguous lots, num-
Der OF feet charged for which Is equivalent to l66
miles, and with the copies the report to 332 miles
IL Is also claimed that amount OF descriptive
matter forbidden 70 be charged Tor, such proceed
ings by statute passed for the prevention OF just such
frauds Is embraced III and oxoroitany charged Tor IN
The report
The bill docs not seek 10 disturb the final connrma-
lion of the proceedings by the Supreme Court; but It's
object, as disclosed by its allegations and prayer
for Judgment, is to rcadust this enormous taxation
and TO return the surplus OF assessments which will be
thereby saved to city and other parties who may
% entitled thereto, through the machinery OF re-
ever or such other means as the Court may consider
best tor the purpose OF the pro rata distribution Of the
unds thus economical, The proportion OF the city
one in this alleged overcharge amounts SAL 1855 80
rhis suit Is understood to be tho first advance OF
rigorous attack by the Corporation Counsel on the
great frauds heretofore perpc,ratcd In this field OF
municipal malversation. Accompanying tho order of
injunction order made directing the parties
olncd to show cause In Supreme Court, Chambers.
Monday next, why the injunction should not be mlic
permanent The overcharges OF which complaint Is
made are estimated at Ss4,370 81.