The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-08-21
DR. wHITNEr's rLAN or COMPROMISE
Hc Advises the Payment OF Forty Per Cent
OF the broadway and Rivcr-ide Claims.

In December, 1870, the Commissioners APP
pointed to widen Broadway. between Thirty
fourth and Ffty-ninth streets. presented bill
to the city for fees and disbursements OF
tlG2 553.75. This was for the first proceeding
TO widen the street 4 hill made up in similar
way for the opening OF Riverside Park amounted
to sl90.037.7l and was presented in June. 1871.
The interest on both bills swells them 10
1888. 1921. To this was added newspaper
claims for advertising. amounting to s52T9.2j
with interest These claims were taxed 10y the
Supreme Court in favor Of the claimants. one
in 1870 and the other in 1871 and the Court Of
Appeals held that the taxation had in law the
effect of an ADJUDICATION. That Is. that the city
and by the neglect OF the law officer of the city
to contest the propriety Of the charges,
tho claim in each case had acquired
the character Of judgment. and could
not be resisted until the orders OF taxation had
been set aside for cause; The suits wero in
came Corporation Counsel. Taking legal ad-
vice Of James c. Carter, he sought 10 obtain n
vacation Of the orders Of taxation. He met with
varying success. At one tlmc an adverse Iudg,
ment was arrived nj. but later the city obtained
an INJUNCTION against the prosecution OF tue
in the Broadway matter. such injunction to
continue pending the application for a vaca-
ton. and n reference was obtained 10 invest-
gate the facts connected with the taxation,
which mad been proceeding for many months.
and Is still pending.
yesterday. the Corporation Counsel says that
| largc amount Of testimony has been taken Of
such character AS to lead TO the belief that the
city would have "A fair chance for success on the
final hearing Of nm application for a vacation OF
the orders Of taxation and for. relaxation OF the
costs " II is. however true. headls. that the
| contcsting of these claims is IA matter OF great
| difficulty on account of the extreme remedy
| when we are obliged to seek, namely. the vaca-
| ton of the adjudication. and the issue of the
litigation il necessarily involved in great doubt {;
and in the Broadway matter the claim is made
that by the nth section of chap. 81 of the laws
Of 1871, the order Of the Court taxing the costs
! has received Legislative sanction, and that the
| claim has been legalized 10y Legislative
enactment' Mr.. Whitney does not assent
| To this view OF the casc, but after full
consideration Of all the difficulties, he
| thinks it best TO offer In COMPROMISED
| 10 pay forty per cent. Of the two claims for
| street widening and the. opening Of the park.
| The attorneys for the Commissioners refused
at first to accept this offer, hut lately they have
| consented to do 20, on condition that the news
paper claims. stripped of the interest that has
| accrued on them. be also paid. To this Mr..
| Whitney has consented. and now presents the
matter to the city. through the Comptroller. for
| AN expression of its opinion before he takes ac-
| ton IN the matter. The amount that would have
to be- paid under such an arrangement would
| be- 80 s 672 40