The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-14
Supreme Court-Speciai Term.
Important decision by Hon Judge Roosevelt
The CRQTON AnrEnI.Cr prSrpyoIp


THE CROToN AoUEDUCT RESERVOIR.
sEFT lO-ln the matter Of the application OF the
sioners to value certain lots belonging to Cakson Crons
situate on Eighty ninth street said to be required for the
construction OF an additional reservoir
The Court delivered written opinion in this case of
which We give short abstract 1t appears that the
Legislature Of the State in 1840 passed act author-
ing the Cooperation of the city to issue stock to an
aount not exceeding S6o0 o0 to be applied to the pr-
chase OF ground. necessary or expedient and the
building Of an additional reservoir with mains ia
order 10 increase the supply of water in the city Sub
seuenty in the same year. an act was passed to create
department in the city government to be called the
Croton Aquduct Board; aud in the act authority
wa g.en TO the Aqueduct Board behalf OF the Cor
porSton in cases where the price Of the ground not
agreed upon to apply to the Court for the appointment
Of commissioners to ascertain the proper compensation
&c be paid One Of the objections the Court said to the
present petition was that did not state that any ord
orreoltion had been passed by the Common Coun-
cdeciaring the taking Of this any other ground to
be necessary or expedieSt or directing an application
to be made to the Count in their behalf. BY the
new city charter, the executive and legislative
departments were to be kept separate and dis
tinct and while the legislative was to be res
trained from assuming the functions of the executive
that in it. turn was TO be prevented from making in
roads the legislative 1t could have been
Template that an executive department on its own mere
motion was to be authorized to beside question Of such
magnitude az the expediency and necessity of measure
involving debt ulon the city OF more than half mil
lion Such decision it is obvious has in it all the ee-
ments Of legislation, and the legislative power Of the
Corporation to the language Of the amended char-
ter is vested exclusively in the Common Couucil an
resolution duly passed for the purpose None such
already observed has been referred to in this and
none, therefore 1t is presumed, exists. Another obec
ton to the application in its present form is that il Is
confined to small pant OF the contemplated SITE and to
single proceeds upon the idea Of separate
petition and separate commissions for each distinct in
terest Such course is not only unnecessary. but very
Furthermore and expensive The demands upon the city
treasury sufficiently oncrous and it is the duty
Of the judiciary. as Of other departments not to
aggravate them. In street cases, to which this
in principle, is perfectly analogous, petition
and set * commissioners all that
allowed Besides the law in this expressly directs
that the petition shall set forth the and residence
of each other person interested and that the
commissioners shall ascertain and certify the compens-
ton proper to be made to said and parties inter
eted-that is to each Of them Another objection is
to the number Of commissioners applied for. The law
pressy fixes three and not ve and pIecribe particu
lary the lode in which each OF the three is to be
nominated 1t is proper to observe however, that tho
whole number-that alone being not less than three
must in the certificate report. IN order
accordingly made giving the Aaueduct Board leave to
present amended supplemental petition setting forth
description of the whole plot intended to be taken for
the reservoir the names and residence Of each and all
the parties interested therein and the action If any has
been shall be- had BY the Common Council by act,
dinance resolution. on the subject The appointment
OF commissioners to be in the meanwhile, suspended.