The New York herald., 1851-10-13
Supreme C0urt-speclsl Term.
Before Chief Justice Edmonds.

|
counsel for the the law has received
the assent 'fboth bssnches ofthe Legislature required
Murray and Henry HNton, Esqrs , appeared as counsel
for the owners Peter Schcrmerhorn and others; and
peaIed On behalf Of the cisy The OBJ cton to the law
based BY the counsel for upon the affidavit
Mr. McMurrsy showing that after the bin had passed
echermerhorn, owner Of large portion Of hands FORM
ing the park for the of opposing the passage Of
ths bill Of having it 90 amended to protect the
rights That he appeared before the
nittee Of the Assembly composed Of our city delegation
amendment providing that two Of the five commission
should be appointed by the court, upon the nomi
named named should be At and proper That the i' blu 50
amended reported 10 the House. who subsequently,
strike out the smsndmen This the committee refused
to do; and subsequently, the BILL with the amendment,
reported to and passed by the House After Its pas
ton being called 10 this amendment. he ordered the
clerk to strike it out and the clerk did so and in that
this sdsvit the ownsrs ask that reference or
commission be ordered the Court insisting that if the
snce Of witnesses they viii show oonoiusivsy the
law, printed, and under which this application Is
received the assent of both branches OF the
Legislature and consequently is statute. That the
is II no bill whatever had ever passed either
House or no law been printed or certified as passed
That it cannot be that mans property be taken
under the forms Of law when he stands ready to prove
that no law has been passed authorizing such proceed
ing That under our republican form Of government,
you always go the Jurisdiction of things and there
must be authority for every act done; and no one
which does not exist The Court were referred t, the
case Of Purdy The People, Hill 1884, where they
went behind the ststute ascertain whether
had received the requisite number of votes; argued
that prI cple there estsbished-that the Court
could in all cases. inquire whether the Law had been
passed in the manner provided by the constitution
Numtr other cited and commented on in
support OF position and the on this branch
entitled to offer evidence showing that this
law passed. then the principle will be established
fIaft tI.ra han fhof uoAfa
certificates appended mans lite liberty and property
may be taken under it, and he will be preclnded from
showing that law parsed sanctioning such pro-
ceedng Another preliminary objection was taken by
the counsel for ownsrs-that the Common Council had
aes h sTs nor had they sns Their D
tenton to take these lands under this law that the only
who to that these lands we're
necessary for public park were the Mayor AMI Corpo
ration Counsel who had argued and verified the petition
Judge Bronson then went to the main question-that
the law was unjust, dangerous, and unconstitutional
that 1t provides for the taking Of private property for
private the public cannot take private pre-
pery but for matters Of absolute necessity public
utility By sentence at the end Of section and which
the only thing show what the lands
for the land is to be held in trust q public park
He then inquired of the Corporation Counsel what that
sentence meant ar In the absence Of any information,
be would the OF 1t from the books and
dictionaries the park meant for pleasure ground
IL has been held that private property could be
taken by the public for that purpose Then what was
ten thousand to drive their carriages n or for the mil
| lien to walk in We have public houses, but man
cemeteries, but man ust pay to be buried in them
Now what does the word public psrk" mean! The
told us presumed that they used the word in its
legal Coke Littleton says, that park signifies
ana indie, all beasts Of the forests and cannot exist
without these things, and but by Kings grant. Black.
stone defines park in like manner Ana 70 come dSwa
park to enclosed ground, with special privileges
to keep wld beasts in. Johnsons Dictionary give, the
definition Websers Dictionary says three things
required for park viz Kings grant, and enclosure
and wild beasts Now have the Corporation right tc
take these lands TO keep Wild beasts! daughter This
may seem laughable but IL is a serious matter to my
| clients The Corporation must show clear right to
Counsel then Insisted that the Legislature Itself must
decide whether land is required for public purposes
II they delegated the power it must not be to in
terested person; ard not in this case where the
power given Corporation the person who applied
for, and had the law passed Refere was made to
the general railroad and general plank road laws as
ryne GU, this prir cipe by deegatng the power to
the court. Allusion was then made to the nhsuence
| at work urging this proceedpg-that there we're
upwards Of three hundred applicants to be appointed
commissioners to apprase the value OF this property,
and who together with owners of land, which would be
benefited to large amount, had been pressing the
Common Council TO proceed 70 take these lands u was
then srg'd that private property cannot be taken Tor
! public purposes without FIRST making compensation.
This law the lands 70 be taken and after the
Corporation have enjoyed them four months the owners
may sue Tor their money-thus giving the owners COM
pescn by taking their lands and giving 10 lieu law
suit Counsel then inquired whether the court could
the Corporation able to pay for about
one hundred and sixty acres Of land worth about
$40 600 an acre or nearly s2co0O0o Counsel thought
their ability Questionable, he understood that
the pictures In the council rooms had frequently to be
iold r der executions before pay justly due
made Besides the stock ffuabe under this law Il t. be
emed In two waysone by assessing half on the
yppsI wards % and the Sssr rosS ,s
stock be- sold under this law which directs $4,000 TO be
paid annually. thus making some Of the bonds AZ one
| csppot be csrred out in any way nor can money be
raised under It, IL then claimed that the law
unjust and oppressive, as II deprived the owners Of
the yment Of their property without making any
ssoD becsuse under " uappcation 10 taks these
lands might be made twenty years hence and st
any te the Corporation pleased thus rendering the Law
oppiesive and preventing owners from either morgas
ing or selling their land provided the Comuon coaocl
t not 20 act And teside under this Law the CON-
Council might select their time to apply They
might wait until famine war. or panic aui then seize
thete labds and thus get them for half OF their real
value. And further. II the Commissioners make
report awarding TO the owners any Whatever such
report be by the Corporation although It Is
binding ON the owners and thus may b. kept
until report Il made such they wish aud 1til
they can Get these ands for one half their value There
fore ssy that this ar affords Just compensa
ton; tnc u i therefore unconstitutional and void III
n@y, IL urged upon the Court that a. this anthor
icd spUoal the decision at special term and
bis lcnors decision binding upon Mr.. Schermer-
horn aud the oher owners calm del Iteration should be
given 70 th. matter The argument OF Mr. Bronson oc
cupisd all the ming about o'clock, and
characterized BY great ability aud research The re-
porter unable 20 follow him 10 the numerous
cited in support Ct his positions but the above Is brief
outline u HE argument
| Nessrs. schsfmerhorn and Jones, the owners, were
present the court and 10 would they deter
mined To resist every attempt 70 take their laois undsr
his lew; and the impression seemed to be that they
/ would succeed
The argument followed by the Corporation Counsel
who at the rising Of the court had nearly finished his
rpy TO the objection TO whether the court would in
| quire whether the law had been duly passed
The ChifJuce adjourned the further hearing Of this
| until next Saturday
Cornelius Tans,rbm The E,,c York and Staten Island
| S,1H Etfgy 20 The order to show why in-
Junction should not Issue against the defendants
turnsle this cay but by cooent u allowed tc stand
over nth the 18th October-the temporary injunction
60 continue In ful force until the decision Of the court
! upon raid order 10 show cause.
TIE Custody Of a Chfid-M.ry Ellen Heyss rs Elias
I Hgifsd and rlf - An order made In this cHe by
Judge Mitchell directing that the child Of the plann
fhuud be placed under the of the Rev DR.
during the pendency OF the kajcds cous The chld nai
been Away under The protection Of ~ piternsi gs"u
parents ard they appears removed it when the ordt
tor IL be irg placed with Or Schroeder was maze WI.