New-York tribune., 1896-07-23
CATHARLNE LANE IN DISPUTE.
INTERESTING QUESTIONS BEFORE THE
PUBLIC WORKS DEPARTMENT.
THE RIGHT OF The AMERICAN SAFE DEPOSIT
COMPANY TO MAINTAIN ITS VAULTS UN-
DER FIFrH-AvE. AND FORTY


sEcoND-sT. QUESTIONED
The Department of Public Works has several In
teresting questions on its hands One OF these re-
ates to the occupancy OF Catharine Lane by the
New-York Life Insurance Company. the vaults OF
whose new building In Broadway are to be con-
structed under the lane Catharine Lane extends
from Broadway to Elm-st.. intersecting the blocn
between Worth and Leonard SITS. 1t Is 300 feet
long and between is and IT feet wide. Coionel
Joseph OBJ. Webster. In charge OF the Bureau
OF Street Opening in the Department, has been
assigned by Commissioner Coils to the duty OF
investigating the right Of the life insurance COM
pany to take possession OF this lane. Colonel
Webster said yesterday that the records and maps
Of the Department showed that the city had held
adverse possession of this lane for 100 years
and that 1t is much the property OF the city as
any other thoroughfare In 1871 1t paved by
and at the expense of the CITY, other parties
claiming at that time any lawful interest In II.
Adverse possession for twenty-one years was held
to settle the tile Of ownership. The company,
nevertheless, Mr. Webster says, contends that II Is
private property.
Deputy Commissioner Howard Payson Wilds said
yesterday that the question Of whether the New
York Life Insurance Company or the city was the
owner Of Catharine Lane need not be raised at
this time, because the company had secured from
the Department a permit to open the lane and
construct the life companys vaults under IT, pay
ing for the privilege an annual fee OF 50 a cubic
foot for the occupied by the vaults. The
company had entered into agreement. the Dep
uty Commissioner said. to restore the lane and its
pavement to its original condition before the ex-
cavating began. This arran cement would leave the
question Of ownership in the realty to be decided
by the courts at the convenience of the parties In
terested
Another case involves the right OF the American
Safe Deposit Company 10 maintain its vaults under
Fifth-ave and Forty -second-st., in front Of the
company's building at that point. Chief Engineer
Blrdsall. OF the Croton AQueduct, and his subordi
mates who engaged in laying the four
foot water mains from the Central Park reservoir
down Fifth-ave. to Washington Square and Cham
bers-st. find their progress impeled by the vaults
Of the American Safe Deposit Company. which
extend twelve feet beyond the curb line at the in
tersection named On notice from the Chief En-
ginecr that the vaults must be removed the
city would run It's mains through them. the COM
pany produced a permit issued In 1882 by Hubert
o. Thompson, then the Commissioner OF Public
Works. giving the company the privilege Of build
ing twelve feet under the street and covering the
frontage Of the building in both Fifth-ave. and
Forty-second-st. 1t was granted pursuant to a
resolution passed by the Board Of Aldermen in the
provision that they are to continue in force dur
Ing tho pleasure OF the Board or Department under
aathGr they & Are & ssned In this case the
Colonel Webster. OF the Bureau OF Street Opening
that the permit issued by Commis sioner Thompson
was void. because he possessed no authority 10 Is
sue such document. No permit which parted with
the c.tys interest in real estate Of any value,
he said. unless issued with the Of the Com
mon Council and the Sinking Fund Commissioners.
Then the use OF the property must be paid for at
about 81 cubic foot. In accordance with the Gus
tom established by the Sinking Fund Commission.
the city retaining the title in the land.
At the office OF the chief engineer OF the Croton
Aqueduct IL was said yesterday that the entire
space under Fifth-ave. and Forty -second-st.
required for the big water mains. and that II the
American Deposit
It's vaults, the city would cut through them and lay
the mains
The vaults are OF steel and cost. Il is said,
$1,000 The Safe Deposit Company threatens to de-
mand large damages from the city IL the vaults are
disturbed. one Of the company's lawyers In
consultation with Deputy Commissioner II. p. Wilds
yesterday at the Department OF Public Works. Mr..
Wilds said afterward that the company had no
right TO occupy the street with It's vaults and that
the mains would be laid.
Another similar came 10 light yesterday in
Crod-st. The city is laying large sewer between
Fulton and Gold SITS The engineers Of the Depart
ment OF Public Works engaged the sewer have
upon a vault OF the NewYork Heat. L!gh:
and Power Company which contains two large
ter tanks. twelve feet long by eight feet wide and
twelve feet deep
Deputy Commissioner Wilds yesterday addressed
a letter Jonathan 5. Crane. president Of the COM
pany. saying that search had shown that rec
oris exist OF any authority for the existence Of the
vault Mr.. Wilds therefore directed it's immediate
remova. and the filling in Of the space with whole
earth. The vault was placed under the street.
II appearc, in 1885 or 1887.