New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-08
A COURTHOUSE CAvEAT.
Title to City Hall Park Site as Basis
for Taxpayers Suit.
30 Editor ~ The Tribune.

SIR: As the question of the location OIL
the new courthouse in City Han falh -
not vet settled and may not DC lor SUM
months vet. there is one point which mas
not hitherto been mentioned ana "ni'I
Il may be worth while for the oeieiuei
OF the park TO have In mind. In oruei ~
make this point clear, II els necessary ~
Give a little of the history Of the present
county courthouse site. During the l"ee"
regime when Tweed was a member OF inc
Board OF Supervisors OF the County vi
Now York. A law was passed April ~
1851 beiug Chapter 161 Of the laws or thal
year. entitled AN act to enable the super
visors OF the County OF New YORK TO ar
nu,re and take lands for the building OF
courthouse in said county" This act
authorized the Board Of Supervisors TO ac-
o,lIre I'm the name Of that board, by con-
demratlon. land for courthouse. IL pro-
,idad thar all expenses should be borne
by the treasury Of the county OF New YORK.
and no assessment should be imposed upoi'
the lands of other parties to de1ray inc
same.
II will be seen that the present court
house was erected at the expense oi 'Ne
county OF New York and l am lhlol my"
by one Of the departments or the CIV
government that the proposed Courthouse
II erected will 10 a county charge. Inc
fact that the courthouse is county charge
IS the first point TO be borne In MIND
Going back now. 10 1851, on April Is oil
that wear the Board OF Supervisors OF ths
county OF New York voted that In their
onir,on the courthouse should he located
within the limits Of City Hall Park front
ing on Chambers street. and the ooaru
went through the form of asking the COM
mon Council OF the city OF New 10TH
II they have any objections to the boai
Of Supervisors taking that portion OF the
rark fronting on Chambers street TOT
county courthouse" The Tweed machine
worked smoothly. and there was not q
creak a. friction between the county ana
the city.
On Nav 7. 1861, the Board Of Supervisors
voted to acquire the area commencing al
a point on the southerly side Of Charnoers
street distant seven feet from the north
westerly corner Of the brownstone building
now used for court purposes and frontihs
on said Chambers street, running thence
westerly along the southerly sioe Oh saiu
Chambers street 800 feet. thence running
southerly and parallel with Broadway ~
feet. thence running easterly ana parahel
with Chambers street 22o feet, and thence
running northerly and parallel with bToau-
way 900 feet to the point or beginning
rrnon petition OF the Board OF super
yisors. Justice George q. Barnard OF inc
Supreme Court. on June q, appolhted
william F. Havemeyer. Robert J. Dllloh'
and Isaac Bell, Commissioners OF APP
praisal. On September Z the commission
ers reported, finding that the title 10 Ci'y
Hall Park vested In the Mayor AIder-
men and Commonalty OF New YORK anu
awarding TO the Mayor. etc, StooV" lot the
site above described. The award was that
dav confirmed. ard subsequently, the pres
ont courthouse measuring about Z1oxIoV
feet, was built.
The second point to be noted Is thar
the City Hall Park belongs to the city
NJ New York; At that time the city ana
county OF New York were cotermnous
On January /. 1898. when the city was en-
rarced Il embraced four counties; the City
Hall Park with the exception or the court
house site of course) became the property
~ the citizens Of the whole city. and the
citizens of Richmond County Kings County
and Queens County are as much part
owners of City Hall Park as the citizens
Of New York County. in their capacity as
citizens Of New York City
Now. the plans for the proposed new
courthouse contemplate the erection of a
structure about $50 by 2i5 feet. which Is
larger than the site owned by the county
Of New York, and therefore must en-
croach upon the real estate Of the city OF
New York and since the courthouse Is a
county charge. It is no more right 70 take
for such county courthouse real estate
relonging 70 the citizens Of greater Now
York. than il is tax the citizens OF the
greater city for the building of such county
courthouse
II has been suggested that these facts
might serve as a basis for taxpayer
suit to prevent the erection of the pro-
posed larger courthouse in City Hall Park.
~ such a resort should become necessary.
EDWARD HAGAMAN HALL.
New York. July :, 1911.