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AND BUILDERS' GUIDE?
Vol. XIL NEW YOEK, SATURDAY, SEPTEMBER 6, 1873.
Publislud Weekly by
m im ESTATE RECORD ASSOCUTION.
One year, in advance......................$6 00
All communications should he addressed to
C TV. STVEET,
Whitinb Building, 345 and 347 Broadwat.
The fearful accidents occasioned by open hatch-ways
can be prevented by the use of the Sinclair Self-Adjust-
ing Hatch Cover. The oflices of the Company where all
information in regard to these covers can be obtained
are located at 309 Broadway. By the advertisement
printed in another column, it will be seen that our most
prominent firms have availed themselves advantageously
of this invention, and we have seen the testimonials of
numerous others who have thoroughly tested it, and
who speak of the Hatch Cover in terms of unqualified
The Comptroller certainly deserves tlie
tbanks of tax-payers for tlie ardent manner in
wiiich he opposes the claim of Mr. Gratz Na¬
than for $1,250 as one of the commissioners of
the extension of Madison Avenue from One
Hundred and Twenty-fourth Street to Harlem
River. This Madison Avenue business was
one of the last jobs of the Ring, and has cost
the city already a good deal, any number of
hangers-on of the old Ring having in part suc¬
ceeded in securing their spoils. Gratz, how¬
ever, did not get his fees, and now makes ap¬
plication for a mandamus. The Comptroller
makes two answers to his application. First,
that by the act of 1863, the fees of commission¬
ers in street openings are limited to an aggre¬
gate of thirty cents per lineal foot. The
number of lineal feet in this case was about
3,773, giving costs for all the commissioners
together of $1,131.90, of which Mr. Nathan's
share would be but $377.30 ; second, that Mr
Gratz Nathan was at the time of his appoint¬
ment of such commissioner first clerk of the
Corporation Attorney, and that by the charter
of 1870 any head of department or bureau or
clerk thereof was prohibited from having any
interest in any contract work or business to be
paid for out of the city treasury, or. "n any as¬
sessment under any city ordinance.
Mr. Nathan claimed that it had been de¬
cided by Judge Gilbert that the act of 1862
only applied to the opening of streets laid
down in the old map of 1801, wliere the prop¬
erty having long been dedicated to public use,
and no buildings having been erected upon,
them, the awards for damage were merely
. formal and nominal; that in this case the act
of the Legislature of 1869 opened a street not
on the map, and gave large discretion as to the
area of assessment, which was actually ex¬
tended to Fourteenth Street; that the Comp¬
troller had actually paid the other two Com¬
missioners, and was responsible to the city for
the excessive payment, if Mr. Nathan's claim
was not correct; that the Court had already
adjudicated the matter when Judge Fancher
himself taxed the costs at $1,250 on the report
of Mr. Pritchard, referee, and that was final.
Mr. Dean replied that the reasoning of
Judge Gilbert in the Broadway widening case
did not apply to a case like this, where the
property taken was comparatively unim¬
proved ; that this money had to be paid out of
the city treasury in tlie first place, and the cfty
might or might not reimburse itself by assess¬
The Comptroller mainly insists that the
Legislature intended to secure, by the act of
1870, the whole time of its employees, and
that if, by their other duties to the city, other
employees became necessary, that the city
should not thus be compelled to pay double.
Whatever may be the decision of Judge
Fancher, the honest tax-payers of New York
cannot but uphold the hands of Comptroller
Greeu, who insists that the business of the city
shall be conducted in as economical and busi¬
ness-like manner as that of any well-regulated,
S3'^stematic mercantile firm.
It strikes us that the Coroiit-r's jury in hold¬
ing the builders, Crawlbrd & Newman, re¬
sponsible for the disaster iu Eleventh street,
did not pay sufficient attention to the testi¬
mony of Mr. Laimbier, who was of opinion
that " it was wrong for the contractor to un¬
dertake the construction of such a building."
" The building," he said, " ought to have been
erected new^from the base." " Such an alter¬
ing of a building," he said, further, " was false
economy." Now were Crawford & Newman
simply the builders or also the architects ? If
they were, the verdict may be just; but if they
were not, and simply the builders, or, rather,
executive officers of work which they were
ordered to do by those who planned it, name¬
ly, the owners and the architect, tlien we say
the verdict is notably unfair. If we may be¬
lieve Mr. Laimbier's testimony, and his expe¬
rience in building is exceedingly valuable, all
the bracing of the westerly walls would not
have prevented a catastrophe; for, he says,
'• it was wrong to undertake the construction
of such a building at all," And if that is the
case, not th« builders and contractors, but the
owner and architect should be held responsible.
As to the jury's recommendation that Mr.
Adams should be authorized to appoint an in¬
spector for each ward in the city, this subject
has been heretofore touched upon in The
Record, and we do not see how the Depart¬
ment can enforce our Building Law with the
small number of men now in its employ.
Aug', and Sept,
39 Broadway, s. e. cor. 14th st.,
Union Square Theatre. (Continu¬
ation,) James A. Dunbar and
Spencer D, Jacksoii agt. Sheridan
Shook........................... 200 00
1 Broadway, e. s., 50.3 n. 4Dth st.,
50,2x—, 8 houses. Thomas Rooney
agt,------Clark................... 40 00
1 Carmine st, (No. 61), n. s., bet.
Varick and Bedford sts. Wm. J.
Gessner agt. John Brieut......... 'ol2 50
3 Cherry st. (No. 75), s. av. cor.
James slip. Patrick Corbett agt,
Charles Kelly.................... 13 75
2 East Broadway (No, 44), n. s., bet.
Catharine and Market sts. Wal¬
ter Powers agt. Fischer, Carpenter
& Guthal........................ 990 00
28 Fourth av., n. e. cor. 62d st., 225
on street. Loftus Collamore agt.
Mr. MeCormack................. 551 54
29 FORTY'-FIRST ST. (No. 531 W.), N. s.,
bet. 10th and llth avs. Juo. M.
Canda and Jno. H. Swartwout
agt. Jno, Hulse...............';.. 5S0 01
29 Fifty-ninth st, (No. 57), n. s., bet.
Madison and 4tli avs. Isidor Cohn
agt. Anita C. Post............... 15 00
3 Forty-eighth st,, n. s., 100 Fiio:\r
7th av, (Continuation.) William
Whan agt, Asher Heclit.......... 457 00
4 FORTY-FiKST ST, (Nos. 440, 442, 444,
446, and 448 W,), bet. 9th and
10th avs. (Continuation.) Her¬
man Kowtowski agt, WUliam
Wenner and Andrew Ewald et al,, 116 49
3 Forty-first st. (No. 531 W.), n. s.
Michael Cassidy agt. Mr. Henry
Fessler.......................... 175 00
3 Fifty-ninth st. (No. 57 E.), n. s.,
abt. 223.4 e. Madison av. John
Sullivan agt. Mrs. A. C. Post..... 62 25
4 Fiftieth st. (Nos. 406 and 408), s.
s. (Continuation.) Herman Kow-
touski agt. Martin Karl or Carroll
et al............................. 120 00
3 Houston st. (No. 292 W.), n. s., 125
e. Greenwich st, (Continuation.)
Elias Wasson agt. Henry Well-
brock............................ 108 00
Lexington av., s. w. cor. 74tii)
St., 13 houses on s. s. of street..
Lexington av., s. e. cor. 74th
.. St., 13 houses on s. s. of street..
Lexington av^^ w. s., bet. 73d f
and 74th sts., 2 houses.......—
Lexington av., e. s., bet. 73d
and 74th sts., 3 houses..........
John Sheehy agt. Henry Knicker¬
30 Madison av., w, s., 20 n, 132d st.,
3 houses. W. S. Anner and S. W,
Miller agt, John N, Hay ward.....
4 Madison av,, w. s,, 20 n, 132d st.,
60x80. Wright & Norton agt.
Jennett Smith and John N. Hay-
4 Same property. G. L. and J. M.
Schuyler agt, same...............
3 Nassau st,, w\ s., ext'dg from ann
St. to Fulton st, T. Kellard and 68
other small claims agt. James G.
Bennett amounting to............
30 Nassau st., ext'dg from Fulton
St. to Ann st. P. H. Murray agt.
James G. Bennett................ §2,800 00
3 Same property. Thomas Kellord
agt. same........................ 38 00
39 One Hundred AND Fifteenth st.,
s. s!, 170 e. Ist av. (Continuation.)
M. O. Reilly agt. Ann H. MarshaU 185 00