New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-05-01
THE COURTS.
THE COSTS OF THE HARLEM IMPROVEMENT
Tho matter of the tixation of the bill of costs

THE COSTS OF THE ii ARbEM lMP hOf EDiC"i
The matter of the taxation of the bill OF costs
In the proceedings regar to the improvement OF tne
Harlem River and spuyten Duyvh Creek again be-
fore Justice Barrett yesterday In the Supreme Coure
Chambers. The bill of costs amounts to Sl1lOoo me
commissioners appointed TO conduct the proceedings
General W. f. NTH, James ID. Fish and W'lham
Grace The most prominent items In the bhi OF oo''S
$4,000 General smith president OF the com
MISSION $4,000 to each Of the other Commissioners
$4,000 to 8 E. Lyon for services counsel for the
United States Government, $1,000 to Thomas L. Ogoen
attorney for the commission, $4,000 TO Bernard
smyth for services appraiser and $4,000 to Robert
L. Waters for his services surveyor
motion was recently made to have a referee ap
pointed tax the Of the proceedings The motion
opposed by Franklin Bartlett counsel for certain
property owners Justice Barrett refused TO appoint
referee until the questions raised by Mr. Bartlett had
beon passed upon. The hearing accordingly adj
journed until yesterday. Mr. Bartlett said that the bill
as presented monstrOus In its proportions He
maintained that Mr.. Grace and General smith. having
been respectively Mayor OF the city aud PresenG OF the
Police Department during the time that they acted as
Commissioners by law entitled TO receive any
compensation for their services in they did not re-
nquish the salaries attached to their city Offices mr
Bartlett also said that while Mr.. Grace Mayor he
voted for the payment OF 80 TO the Commissioners
for their services. The payment of this was I'M
warranted and Illegal Mr.. Lyon said that the money
had been paid for services but to meet dsburse-
ments.
III the Commissioners Smith and Grace we're entitled
any compensation for their services MT Bartlett cou-
sdered that S5 day would be a proper allowance
The Commissioners had sought paid for every day
during the whole time in which they had acted Az q
matter OF fact, they had performed any duty
very many days; thirty meetings fifteen had
merely been adjournments. OF sxtY-two meetings In
1880. more than one half had been adiournments The
counsel for the Government and for the Commissioners
were not entitled under the act ~ any compensation,
whether their services bad really been valuable or
worthless Mr. Bartlett said that he hal spoken with
OF $4,000 charged had been told that he (Nr
Smyth bad not acted appraiser all but only as
clerk Mr. Bartlett also maintained that the Harlem
Improvement scheme was mere private affair, and that
IL never had had proper legal sanction. Moreover.
there certainty that the work would be
done. An affidavit by General Newton read IN
which 10 stated thst the proposed would
COST AT least ~, 100000 III Appropriation for this
amount were not made the work which had far been
done would not only not benefit but would RAJ her nure
property the Harlem River General Newton did not
think that this Appropriation would ever be made.
large number OF lawyers were present besides Mr..
Bartlett representatives OF the
neighbOrhOOd Of the Harlem River. Some of them
In favor OF the appointment OF referee, and Others
were opposed TO II, Mr. Lyo nargued at considerable
leugth In favor Of the appointment of a referee He
also contended that there legal reason why
General Smith and ex Mayor Grace should receive
compensation for their services Commissioners. They
had been appointed by the Court under special stat
ute and their office therefore could not be considered
civil one General Smith had only held the two offices
together for short time Justice Barrett reserved his
decision and gave the counsel until Friday TO put In
briefs.