New-York tribune., 1891-12-28
THE WASHINGTON BRIDGE.
WHY TT HAS NEVER BEEN OPENED.
STRANGE DILAToRY TACTICS OF CORPORATION
COUNSEL CLARK.

STRANGE DILAToRY TACTICS OF CORPORATION
COUNSEL CLARK.
II the onestion Why has the new Washington Brdge
never been formally opened has been aSkea ONCE ~
has a hundred thousand times. IT has Dep answered.
oCain and again. but as people Still continue S,c"
this information and the Commission tW'' h"N
sperinended the building of the structure Is aDot 10
terminate its official existence. bTic1 sutemch' VI
the facts of the may not he out CT PiAcc ="
I unntereStlng The Commissioners 10 CONSTRUCT 'iiS
bridge were appointed in 1855. Trey aoVeuSeu ioi
plans and In 1856 awarded contract Tor tDe c"H-
stluction after advertising for bids. The work pro
ceeded rondly ard the bridge completed WITHIN
three years In 1885 the legislature passed an ACT
recurring the Commission to acquire LANDS on each sue
Of the bridge and TO lay them out as PARKS anu sh
ways. No power of condemnation was gwen. Netou-
tons for the purchase of the land were entered INTO
The land on the east side of the river was purchascd
but the negotiations for land on the "est siuo ron
through owing TO questions OF title.
In the spring OF 1850. the Commissioners prepared
to open the bridge 10 the public ana turn u over W
the Park Department, but this acton WAS pieVeh""
by decision OF the Corporation Counsel. Mr BeeSnah
to the effect that lega authority existed for open
Ing and maintaining the structure or for turning IL
over 10 the Park Department until the act OF 1855 hu
been complied with In this dilemma the bridge was
practically opened by the people themselves WHO
simply used il wth0dt any opening. 10 save l"e
Commission and city from liability because OF the want
Of legal auhCrity to open the structure III case VI
accident, a notice put up that persons usinG Tue
structure did mt their own risk. The bridge mas
been in constant siuce and no accidents nave
happened.
The Commissioners proceeded to improve the lands
on the east SIDE of the Harlem. In the meantime the
Legislature again intervened, and in 1e9o phs>e an
act of a mandatory nature introduced by senator ives
of Tammany Hail. compelling the Commissioners I"
institute proceedings 10 acquire all the lahua De'"cc"
Tent-ave the Harlem River, the present High Bridge
Park and a line 80 feet north OF the Washington
Bridge This act repealed the provision Of the act
Of 1883 providing for purchase by agreement. Ihe
Corporation Counsel approved the act ana ADVISED the
Governor TO sign the tn. Ii commanded the COM
mission 10 make map of the lands within tihrN
DAYS. and to Il: PLY T. the court for the appointment
of Commissioners Of Appraisal. The Commissioners
having no other open. and mindful of The fact
That they had sworn u obey and carry out the law
consulted the Corporation Counsel with view To nav
inc him represent them. That Official by some means
or other had To believe the act UNCONSTITUTIONAL
and declined To proceed, holding that The Conlnls
siOners should proceed by their own counsel, leaving
him free TO intervene on behalf Of the city raise the
Que sti0n Of cOnstitutiOnality II does not appear why
Mr. Clark did not call the Governors attention TO the
question Of uncOnSGtutiorality. The Commission dld
apply and the court decided the act to be valid. Mr.
Clark appealed - the General Tcrm aud the case wa
committed to the care OF Mr. De1ne who has handled
the knoty for years with great credit to himself
and profit TO the city. That gentleman promptly IN
nounced that the constitutional question was not
worth a continental; but that the proceeding wa
Irregular because it the duty Of the Corporation
Counsel himself 10 make the application. and he could
not escape his legal duty The General Term SUI
taned Mr. Deanc IN every particular.
Thereupon the Commission promptly decided not
appeal and passed resolution respectfully requesting
Mr. Clark 10 proceed That vas early In June last
No notice was taken Of this request. Then certain
property owners took the matter M and insisted that
the Commission shord mandamus Mr.. Clark. They
refused holding II wa, not their duty - mhndanu'
t,r cv's legal adviser and thor own according - tn
General Term: that 1t was Mr.. tlarlis sNorn dni'
and he knew it, 80 a mandanus proceeding wa be
run against the Commission and Mr.. Clark Jointly.
The former announced their willingness to proceed and
stated what they had done. For some reason ina
proceeding Was withdrawn. Then they began aga
other property owners represented by Alexander
Green have asked the Commission 10 proceed ana are
arranging to hurl q nandanns AT tiat uhI"r'"'"'
body. who can go neither forward nor backward an"
who can only appear by the C"nnseI I" ue '"IP''"
zion v-ro Will not move. TIE matter was before
Judge Andrews the other day and was Adjourned one
week 10 permit the Commissioner, formally to request
Mr. CLARK again 10 proceed. such request beinS sup
uo.cd f. be necessary 20 get over technical question
about the fling Of man. The pro- able outcome
will be A maudamus against te 'oHinl''l"h' anu W.
20 project thcmselvc, Will have 10 MaudanIN tl'll
own legal adviser. Meantime the owners OF W, pr,h
ery cannot sell. the Commission o"hot pr WV"
thor work. LAWYERS bills are running Hp on cNciS
side aud the cdfying spccta'lc J, Irr'c,cd o. u IAN
many COiporat IN Counsel ,tiainihg every h"rNc "a
nrryent a TAmmany senator's act from being ,hrH"H
MO cffcc, by three gentlemen WHO are none % lhcW
nnli,icqns and who seem 10 rouse the ire 0f those
who ..,, .,i. ,,,,+ ,b.
lo,ds nr,uoscd % I,e taken under act secured hN
senator I've, are idcntic,lv the same as those "i'h
NavOr Hewitt Controllers LOew ana Myers anu 'oi'
missioner 1iilroy advised should be taken.