The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-08-24
THE GREAT SUSPENSION BRIDGE
Raising Objections TO Line OF storehouses
Under the New York Approach.

The argument upon the petition of the
trustees OF the Brooklyn Bridge to acquire real
estate belonging to Henry A. Burr. in Vande-
water street. extending from Gin to Jacob
street. was heard by Judge Donohue yesterday.
The trustees filed their petition to get MIR.
Burrs property on the 3lst OF July. shortly
after the change Of plan was decided upon. Tho
proposed change In the limo Of Nandewater
street cuts his building through from end to
end. to the ruin. rs he AYERS Of his entire prop
crty there which he values at 100000. Whore
1t now stands there formerly were large tnnnc-
rcs. There Is about fifteen feet of hemock tan
bark under IT. and fifteen feet Of swamp mud
under the bark. To mnke n foundation, he
says, for the warehouses that the bridge trustees
propose TO put there. under tho bridge. would
cost millions of dollars; and he charges that the
change of plan for the bridge terminus Is n real
estate speculation on the Part OF the trustees.
backed M BY some leather men, VINO hope by
getting these big warehouses built to check tho
tendency OF the leather trade to movcaway from
the Swamp.
Exhibits nre in evidence showing that on the
18th nf May President Henry G. Murphy wrote
To- Col. kocbling in pursuance OF n r,solu.
ton Of the board to appoint "A commission VI
engineers to make plans for n proposed change
in the terminus. in order 20 admit buildings
for business purposes under the bridge and
that Mcssrs. IT, Brun and others had been np-
pointed accordingly. A letter from Mr.
,oehling dated July 2, in reply. informs Mr.
ing Tor the Civilization Of spaces underneath
for commercial PURPOSES" will be the most
costly ui all thoS" proposed. But on the 18th OF
July the trustees adopted this plan and filed the
man.
Edward n. Dickerson. on behalf of Mr. Burr
opening the argument read the act authorzinl,
the tsustces to change the line of n part Of
Frankfort street. between Pearl and jacob
streets. and 20 acquire a strip OF land adjoining
the southerly line of said bridge extending
from Pearl To- Gin street Of " the same width ~
Frankfort street ." and mot less than So feet
land bounded hy CHI street. Frankfort street
and a straight line. drawn in continuation Of
said strip of land 90 the Southerly sidc of Frank
fort street. near jacob street" which pieces Of
land are declared necessary for the purposes of
the bridge.
The trustees are required to open and III such
extension Of frankiort street f.r public trayel.
DlckcrHpn commended that the act violated sec.
l6 Of art. Of the Constitution. which requires
that every at shall have only ong object. which
shall be- expressed in its title. The title being
An attO change the site Of portion of Frank
fort street. between Pearl and jacob strcrts. in
the city of NV York. the purpose Of the act
was to change the site Of Frankfort street be-
tween Pearl and Gold streets. and 10 widen IL
from % feet its present width, To 81, feet
Under the original act. all those streets were To-
be unaffected by the bridge. which WIS to cross
them on trcsilework and the testimony taken
that the change OF plan was not necessary for
the purposes Of the bridge. MIR. Dickerson con-
tended that the act conferred no power upon
IA" trustees to take away private right He
said the real object was To- build n number of
warrlp uscs without authority Of law. at the
lniurr undertakes 10 declare what IL necessary
for public Use. its definition must he free from
doubt Thr law providing. first that the strip
taken should Of the same width ~ Frankfort
street. which il - feet, and next that it should
joe f." loss than 81 feet. was fatally ambiguous.
Il TIN act was lgEn the trustees could widen
Frankfort street 800 feet Or to the Battery.
Au,r iurtu'r pointing out antiquities in the
net Mr.. DicNcr~ln said that the purpose il
really a real cstHt" speculation to benefit the
property of certain individuals in the neigh
hnrhuii ly building warehouses; under cover
ui the authority to build a bridge which store
hous. nr" ~ be- paid for by the property own
"rs u the city, as we'll A. the widening of the
Burr- building has 1000 piles under it TO hold
1t UP; but these people propose TO put up a
costly and unnecessary structure of brick and
iron on this swamp. with the bottom fallen ont.
Mr. Eignr y. Gull n. on behalf of the tru--
tees, s'igmatized the charge that the change II
Tor speculative PURPOSES as false. He contend
cd that. although the law authorized III" taking
"i ~ i""t, wien II turns out that Frankfort
street il only 10 f'rt wide there j. no ambiguity
on ~" face ~ the act The evident intention Of
III" Legislature WAS 10 change the line Of the
street, and Ia make IL not less than - - feet
wide: and N" rul" being that what Is specific
must control what - general this requirement
must bc observed rather than the other. which
said that til" strip must be- Of tn" same width a.
Frankfort street; and h" had SO advised his
clients. Assuming that the proposed widening
I'D so oui~lti" Of IA" DIES ripton contained IN
cns", b'raus' the lanl OF Mr. Burr came within
the los 'rntion 'O'' .red in the title. that hand
WAS not To be tax u .Nr -iorchouses. Having q
strip Of IAN! beneath ~" bridge. the trustee
thought b. - 10 utll!zr II for storehousos and IL
appearing tnat Frankfort street would hr bio IL
ed hv this bridge. tho Legislature had provided
TINT they must give the proper Owner another
street instead. and while the LEGISLATURE had
no power To- authorize them To condemn private
property for il-o as storciouseS, II had n right
'"iNkr Il Tor streets 10 rra p those stor houses.