New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-16
| STUBBORN LITIGATION.
TWENTY YEARS OF CONTENTION OVER
A STREET.
PROPERTY ALONG THE FORT WASHINGTON RIDGE
ROAD TIED UP-NEw SURVEYS AND
NEW COMMISSIONS.


ROAD TIED UP-NEw SURVEYS AND
NEW COMMISSIONS.
The history of the opening Of the Fort Wash
ington Ridge Road IS full Of varied Incidents
The road was physically opened twenty years
ago But ever since that time owners OF prop
erty through which the road was laid out nave
been disputing the accuracy Of the surveys made
for the city. Now and then owner has died,
but the estate carried on the struggle. For -FOUR
years two special commissions have wrestied
with the subject, one phase Of the case mas peen
passed on by the Supreme Court, and now an
attack upon the constitutonality OF the act APP
pointing the special commissions has been be-
gun, while the surveys made by one commas
sion are assailed as inaccurate.
Meanwhile. the property-owners along the road
have been unable to convey their property be-
cause, according TO the surveys made in 1915,
this property will not plot" All this seems a
great pity, for the Fort Washington Ridge Road.
which begins al Amsterda m-ave. and One-hun-
dred-and- fty-ninth-st with a curve 70 the west,
and extends to Inwood. offers along its route a
commanding view OF the Hudson River. II
passes close to the famous Libbey Castle" and
near the fine old home OF the late j. Hood
Wright. Further up it looks down On Sea
mans Folly" the present home OF the Suburban
Riding and Driving Club.
EARLY COMPLAINTS.
The trouble began when the road had been
formally and physically opened. y great many
owners along the road. who found that their
property would not plot" discovered that the
cause OF the trouble lay In inaccurate surveys
Thereupon began a fusi.lade Of correspondence
between the owners their lawyers and the
Corporation CCunsels office. The result was
that in 1892 the Legislature passed an act pro-
viding for the appointment Of two. special COM
missions. one to be appointed by the Mayor and
the other by the Supreme Court The Mayors
Commission authorized to make new sur
vey and If discrepancies should be found TO re-
locate the road. and enter into an agreement
with the owners whereby they should convey to
the city the lands needed according to the new
survey while the city, in turn, should transfer
to the owners the parcels acquired by the city
In 1876, and not required under the new
vey
The new survey was made. and it found
that the errors complained of existed. and that
the city had acquired property on the east side
Of the road which it not using. and that
the west side property-Owners retained par
GELS necessary for the road. The discrepancies
were about evenly divided between the city and
the private owners.
At this point in the proceedings what may be
called the Libbey episode looms W. The road,
as laid out in 1876, would have come close TO
the western windows OF the famous Libbey
Castle" owned by the late William Libbey 1t
would have cut his lawn in two and have In
jured the property a great deal. Mr.. Libbey
wanted the road moved to distance OF ninety
feet further west. Before the Mayors Commits
sion came into existence. Mr. Libbey. acting I'M
der the advice OF counsel, laid out road on his
own land. at his own expense. just as he wanted
it. The road at this particular point had not
been opened by the city because OF Mr. Libbeys
contest.
MR.. LIBBEYs OFFER.
Just here authorities differ James T. Malone.
deputy junior assistant to the Corporation Coun-
sell who is fighting the case for the city. declares
that Mr. Libbey went before the Mayors Com
mission az soon as It organized and offered
to convey to the city the road he had opened,
provided the city would in return convey TO him
the land taken for the original road The Com
m!ssioners agreed to this. specifying that Mr..
Iibbey should make claim for damages
against the city
The Mayors Commission about finishing
It's report, a year ago last May, when Mr.. Lib
hey appeared before 1t and declared he had
made no such proposition as the Commission al
legged, but declared his willingness TO accede to
the exchange OF routes. subject to the equi-
ties" Then Mr.. Malone began struggle IN
behalf Of the city. He made technical objections
on the ground Of the statute Of limitations. and
then set out to prove that Mr. Libbey had made
the proposition which he now repudated.
To secure evidence of Mr.. Libbey's original
proposition the testimony OF the members OF the
original Commission sought. These were
Robert f. Deyo. Henry s. Cram and Edward II.
Ives The last named had resigned and Robert
L. Winsley took his place Robert L. Waters
succeeded Mr.. Cram upon the latters death
Mr. Ives corroborated the claims OF Mr. Malone.
An endeavor was made to bring Mr.. Cram from
Egypt when he was there Ill. to secure his evt-
dence. But his health was too poor 20 permit or
this From that time until his death on Eiec-
ton DAY. 1893 just after he had deposited his
vote, Mr.. Libbey kept up his fight. His heirs
are carrying II on to-day.
HOW 1T STANDS NOW.
The Supreme Court Commission. which had
been appointed and had been sitting mean
while was empowered TO make assessments for
expenses and TO determine the rights OF such
owners as had refused to submit the settle
ment OF their claims to the Mayors Commission.
This second body consisted OF M. ]. MulQueen.
Walter Stanton and J. Romano Brown. This
Commission, to which Mr. Libbey now appealed.
decided that he must establish the fact that
he was acting IN good faith Consequently, he
testimony and sought to prove that
mo such proposition 10 the Mayors Commits
sion. and such thought. going back ten
years, had ever entered his mind" To refute
this allegation. Mr.. Malone, besides getting the
evidence OF Mr.. Ives. secured that OF Mr.. Deyo
and others. who swore that Mr.. Lbbey had
made the proposition TO give the city the road
laid out by him il exchange for that laid out
by the city opposite his house and 10 waive
all claims for damages
The controversy has now reached an acute
stage, despite the death OF Mr.. Iibbey. James
A. Deerng and Edward 7. Schell. representing