The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-01-23
BIG ELM R EXTRAS.
OITH REFUSES TO PAY THE EMINENT
COMMIssIONERS 10000.

As Extraordinary Allowance ny OutTeinr su-
premc Court Justice Andrews &c w. q.
Ctoate, JoeI 10. Erhnrdt. e. ~. TrtiaE, ana
", q. Dnvies-They Describe Their Iabors.
II the Commissioners of Estimate and APP
prnisai, who fixed tho awards to property own
ern in the matter of widening and extending
Elm street, get $50. 600, to'bo divided between
thcm, rs an extra lowanco for tho work they
aid. they will have to fight for 1t In the courts.
The city, through John Whalen, Corporation
t,ounsel. has flied a notice of appeal from the
order az former J ustico Andrews of tho Supreme
Court granting tho extra allowance asked for
NV the Commissioners. Tho notice OF appeal
WA seryed upon William Sohmer. clerk Of the,
Supreme Court, on Thursday. The argument
of the case will probably be heard by tho APP
pellato Division early in February.
IL IA probable that no bill which has been pre-
ponted to tho city In n long time has attracted
no lively an interest among taxpayers. who pay
the city's bills, as this. The Comptroller's office
10 the authority for the statement that. In pro-
portion to tho amount Of work done, no commits
sion in the employ Of the city has ever put 30
high O value on Its services.
IL may DO interesting to recall what the work
was that the Commissioners did. When all or
tho preliminary steps IN relation to tho widen
inp. opening. and extending of Elm street had
been taken 1t was necessary to have three Com
missioners to fix the awards to owners OF prop
erty to be condemned. On Fob. %. 1898. Justice
Patterson of the Supreme Court appointed as
such Commissioners Charles II. Truax. William
q. Choate. and Joel b. Erhardt, The appointccs
took the oath of office on March 4. 1895. On
Dec. Al. 1895, Commissioner Truax, having been
elected n Justice Of the Supreme Court, resigned,
and William q. Davies was appointed in his
place. Mr.. Davies took the oath OF office on
Jan. 81, 1896.
The first meeting Of tho commission. as origi-
nally constituted. was held on May 13, 1895.
The last meeting of tho commission at which
business OF Importance was transacted was held
on April 10, 1897. 1t will be seen. therefore.
that, had the Commissioner put in a full days
work every day. from the time they actually
began their labors until they actually COM
pleted them, as the majority Of public servants
are compelled to DO, Sundays included, rs
few public servants are expected to do. they
would have worked 729 days. For such work
ms they have done the law allows $40 per day
missioner would DO entitled to 1890, or such
proportion Of that amount rs no was entitled TO
Tor the number of days he actually sat asa Com
missioner.
But, according to their own statements. made
in the affidavit submitted to the supreme Court
of $685. 900, the Commissioner did not sit 729
days or a quarter Of that hat NUMBER 15s %:.t The NH;
Including tho inspection Of ,buildings by the
Commissioners. acting 3ingly.' The minutes of
the longest meeting did not last much longer
than half a day. The majority Of tho meetings
furthermore. for something like five
months during tho summers of 1895 and 1896
ing to SHOW that during the intervals in which
no meetings were held any one OF tho Commits
sioners gave his attertion, for even a traction OF
that the Commissioner worked nights and days
and Sundays during the months of those two
a.,pn nn hut thnr hnyvn mt mir On and fhRra
10 nothing in their records to show it.
1t Is assumed that no one knows better than the
$4,000 apiece. The only statement they have
affidavit quoted from above. Besides holding
15s meetings., the affidavit states that the Com:
property and every building affected thereby
ut least once. and sometimes oftener." Then
Five thousand eight hundred and forty.four
taken. and these do not include the sessions that
statement of the actual number Of meetings
held does not convey an adequate idea Of the
m MISSION 8. as Mo'f these eF'0 meetins ey were sns o oeen.
pied in the taking, Of testimony: The
each Commissioners in intervals between meet
ings. and much time devoted to its consideration
IN aSsiding n aa9 a anne naSs ol Of aa nroper aSn as 70 sb sSSn
thereby. These parcels number I34in tho Off
cial report; but many Of those numbers include
"Tho property appraised included manufac-
turing property. business property. and resi-.
nineteen blocks in the city of New York. being
about one mile in length. Each individual
Bcrupulous examination of usually conflicting
evidence, to enable the Commissioners to do
ownors. The total Of their award is S5.4ol.377.
In addition to the already enumerated build,
OF aaf ths sh Buildings M1sS S %era ea aShppsn WITH n1u @sch merry
or fixtures. The question OF what proportion of
the property was fixtures and what not fixtures
the property. in view OF the large discrepancy
between the appraisers produced by the owner
and those produced by the city. was extremely
able counsel represented the parties in in
this proceeding was of an unusual and difficult
character, and involved property OF great value,
great dclicacy and difficulty:
In addition to The foregoing, certain parties,
and separate report Of tho Commissioner
herein, and that deponent and his follow Com
missioners heard such objections and gave care
"Deponent IS advised that, unless an order ia
made herein granting an extra allowance to the
statute at the rate OF $40 per day for at
Tendance. and in the opinion of deponent, an
missloners Choate and Erhardt, and $4,000 to
be distributed between Commissioners rruax
and Davies, would be reasonable and just, and
also in view Of the gravity of the questions In
volyed and the length OF time employed in each
session..
From this statement Of work done. made and
sworn to by the Commissioners themselves, 1t is
presumed that a fair notion OF what they have
done may be obtained. After going over 1t care.
fully. some fairminded taxpayers may wonder
how the, Commissioners came TO make such q
modest demand. Tho reading of 3 .s44 pages of
typewritLen testimony was, no light ana airy
task; When 1t is remembered that nineteen
city blocks make almost a mile that the Com
missioners had to walk, to say nothing OF eX-
amining tho property. the wonder may be to
some persons that the Commissioners were not
made mental and physical wrecks by the work
they were called upon TO perform.
But the reading and diResting of the testi.
mony and tho inspection OF a milo OF buildings
was not by any means tho hardest work tho
Commissioners had to do, Some Of the build.
tngs; the affidavit says, were equipped with
what proportion OF the property was fixtures
and what not fixtures was difficultsof ascertain
Ing. Tho almost insurmOunLable difficulties
which beset the commissioners at this stage OF
their Investigations must suggest themselves
et once. II is no easy matter for some men
TO determine. beyond a doubt. whether. for In
stance, the sowing machines in a shirt factory.
mr. thu uraaoaa In "A pripttpr N f1aa nr The mn ID