The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-30
Another "Reminiscences of the Palmy
Ring" Days.
A Policeman's Misconduct Out
of Uniform.
FIXING REFEREES FEES.

atty to open and vacate taxation oil costs made over
SIX years ago, which application was MADE before
Judge Barrett, in supreme Court. Chambers. inc
proceeding is but one form of public litigation which
in many phases has occupied the courts Tor years past
The motion is mado on the general ground that the
bill OF costs is largely excessive Of the amount allowed
by law anu from that fact the inference Is drawn 'hat
us taxation at the excessive the result oil
rolluson between the then Corporation Counsel, Mr.
uGorman Comptroller Connolly aud the COMMISSION
ers Tho Corporation Counsel took no appeal IRON
The taxation, and it was subsequently confirmed, spe
cialy by an OF the Legislature, the assessments
imposed on The basis OF IL and the amount collected
INTO the CITY treasury. About year ago direct SUIT
was commenced by the present Corporation Counsel TO
have the taxation set aside and temporary injunction
granted This injunction was motion Of the Com
missoners, dissolved by Judge Donohue. From his
decision an appeal was taken to the General Term
where it was confirmed Thence an appeal was taken
10 the Court OF Appeals, but never argued
suit was next commenced on the part OF the Commits
sloncrs to enforce payment by the city.
When this suit on the calendar ana about to be
reached Tor trial the present motion was brought ior-
ward. 1t is made allegations contained in tho COM
plant behalf oil the CITY, and on aildavits made by
Comptroller Kelly. Richard Amerman Edward o. H.
Jervs ana Henry W. Wheeler on which an order to
show cause granted by Judge Barrett The sub
these alldaVltS is that Tue
claimed the enormous sum OF $l65, 632 40, which
CLAIM at the time OF taxation was unsupported BY
affidavit that such expenses actually incurred or
necessary as required by rules Of court; that,
nevertheless, the b,l was taxed by Judge Cardozo;
that under the act TO prevent frauds IN laying Out
streets Commissioners we're entitled irrespective
necessary disbursements, 10 but thirty cents per
lnoal loot OF the stree, improved; that In violation OF
TINS statue tho Commissioners charged LOT ther
services So COO $50 100 80 OF overcharse; that
law allowed 81 per day for room rent actually pald
and other necessary expenses not exceeding sl0o,
IN thereof they charged and had allowed The
enormous sum OF s2d,543, together with SS,16i Az
for stationery; that there Is charged LOT surveys,
rule maps &c, the enormous item oil xoo,Ol9 10
above the alleged cost oil the abstracts, ara
without distinguishing what portion thereof would
have been "a reasonable and just charge Tor The mere
making OF diagrams, commanded in the statute
that charge tor maps is fraudulent and eyrava-
CANT, and there has charged Tor the number OF
nea feet each OF the maps the sum OF the bounda-
each and lot; thus III the case oil contn
uous lots counting Identical boundary lines twice.
that The $500 allowed Tor room lent never actually
paid; that there was also paid to Joseph u Skaden,
Daniel o'Conor, Bernard Smytn and John Scott, as
appraisers the sum OF sic, 000 that al the tune OF
sucu service appraisers one oil them tSkaden) was
old about seventy-seven years oil age who had
been engaged IN the brush, brstle ana bellows busi-
ness In this city, Ia copartnershlp win Wlilain
M Tweed and Daniel Berran, up to 1860, and without
knowledge OF real estate as an expert Bernard Smyth
the oil IN this city, John Scott JUS
OF District Court and Daniel oConor a retired
masoni none Of them except Smyth being COM
petent as appraisers OF real estate The aflda-
Wits further aegc that none OF the items
specified in the bill OF costs and charges
have been actually paid by the Commissioners.
and the entire necessary disbursements properly Incl
dent the proceedings Tor the proper discharge of
the duties assumed by the Commissioners In The pro-
ccedng would have exceeded the sum OF $25, 600;
that taxation Of the excessive bill was procured unlw
fully aud by neglect Of duty on the part Of the then
Comptroller and Corporation Counsel aud was wholly
and absolutely void.
The aildavis on the part OF the Commissioners
equally volumnous as those used on behalf OF the
and contradicted all substantial allegations
Aer the reading of both sets OF afidavlts those on
behalf OF the city by Assistant Corporation Counsel
Requer those the part OF the Commissioners by
Mr.. Clarke, Mr. Thomas Allison proceeded to argue
AGAINST the motion. He took the ground that after
passage of the 1862 and prior the taxation
OF the bin question: the courts mad uniformly held
and accepted by the Bar correct that the act
OF 1862 applied only TO the formal opening oil streets
laid down the OF 1907 and not 10 new streets
opened under special acts OF the Legislature and not
laid down that map; that upon motion to con-
rm the report OF the in the second pro-
ceedGg Tor opening broadway, which report included
the bi In question and also the bill OF costs OF the
second Commission the assessment maze by IL the
Corporation Counsel objected TO the second biil Oh
costs 1t excessive under the act OF 1867,
and the Court oyerrued the objection and held that
that act did apply to this proceeding Numerous
other cases. subsequent to the taxation OF this bill
in which tho Court adopted tha
rule From these facts II was urged that failure To
follow the act OF 1867 was no evidence OF fraud or
OF genec, but merely showed thai the then
accepted construction OF Tho act oil 1862 sanctioned by
repeated adJudications, had been followed and II Their
construction was incorrect only error aud not fraud
was proven. Mr. Allison further contended that The
set OF 1871 winch authorized the Court TO aside
the first Broadway proceeding In when this bull
taxed and second Broadway proceeding
was in terms. n legislative ratification OF this bill OF
costs as 1t stands that the act IN terms provided that
she bl OF costs taxed shall be puid that
this was not mere direction TO pay the costs at their
legal amount under the act OF 1867, but was dircc
ton 10 pay the bill as taxed.
Corporation Counsel Whitney, in reply, contended
that all they asked was the opening oil the taxation
and leave 10 before referee and take testimony
10 The lnwiuness, correctness and honesty Of tho
charges. i on such reference the city could show
fraud and IN making these charges would then
BE- Tor the Court to take sucn action might
proper and IL felt authorized TO take 1t could
not have been reasonably intended by the Legislature
IN passing the act OF 1871 that this b Of should
be PAD, Notwithstanding how much fraud or rregu-
iarty or excess OF charges might be shown exist
u, and Notwithstanding even the fact that Judge Car
acted IN the having the necessary
papers before HIM TO confer jurisdiction. The act OF
1862 was equally applicable TO street altering or
widening as street opening, aud limited tie COM
pensaliou oI The commissioners TO thirty cents the
IIucal loot
Al this point OF the argument Judge Barrett inquired
from Mr.. whitney II all asked by him then was The ap
pontment Of referee TO take testimony to the al
legged excessive and unauthorized charges.
Mr Whitney replied that he would DC satisfied with
that aud hcrcupon the Judge granted that para Of the
notion leaving the question OF readjusling the costs
TO be determined at some subsequent time
DOCTOR GOURAUD'S ESTATE.
The case OF Andreas II. Gouraud against Constance
C. Trust and others came before Judge j. r. Daily, in
the Court Of Common Pleas, yesterday, on motion to
continue an injunction heretofore granted against
Martha Il. +. Gouraud claiming TO be lhe wdow of
Or. Trust Felix Gouraud lately deceased Tho injunc-
lion to restrain her from disposing OF the prop.
prty OF tho deceased The facts, disclosed ~ the
afdayits read by Mr. William II. Waring in opposition
TO the motion arc substance that DR.. Gouraud was
married at ST. James Parish Church. London, March
H. 'S27, to one Eliza Southworth who subsequently
Rg,sed conspcuously before the puhnc a danscuse
auder the name OF Mmc Cclcstlc the boards the
Did Park ana Bowcry Theatres years ago. She also
kant tho CIV saloon ball rooms over Barnumtg