New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-05

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sfi ~ ~ fnf gsiaF gysr al 10 ealcais9os SUI
fis,1 II M ta tesefs vile sggesr ~ tbs Report 70
- istftsis3 y o. sasff ia nssy. have osos.dts
80 fglitsf pfsfss.snss not agb,flxei insrltere
~ he ~ - se nh n Dc oeenz b orier dscoa,ia
raafs Esrz 10 Us minofff 10 law required that they
ioud sssrn oher and better hsn mere WI AMI
pleasure. sli thslr eoaass have H;eeTdngy done 90
II j. cosieadsd lhen among other difficulties suggested.
that xs soieon u the Common Council 70 amend and
change ile widening q NrD ~ aid 20 carry 10 tat
Broadway. wa. Illegal that COMMISSIONS. haTisg bean
hfrointd BY The Court under tho resolution as originally
adopted the whole subject had paced from tho iursii,-
ton Of he Common CouE a. TO deprive thon OF all
/ power even 10 correct pslpablc mistake.
Tli- objection Il a; any time available cannot DO
Ytssd unless IT, character BE- such direct the iurs
dc0n Of the Couh. aud render any orer Il mi ghs make
rUl and void What then the facts out OF which Il
arisesf
The proposed improvement, described In the original
resolution Of s%s. Objectionable in two particulars
First at the eatcry end, although intended connect
with Rutgers 81 continuous avenue OF seventy i've
feet in width owing to blunder Of the Surveyor failed
10 do So leaving projection which was both unsghty
and incoByenient Second At the westerly end uans
cessaYy made triangular public place between Ceatrs
Walker Orange and Csnslsts thereby greatly enhancag
the without corresponding increase IN the Doaeh! OF
the improvement
when the report of the Commissioners made under the
original resolution, before about eighteen m )nths
age these and other defects were discovered In ne pro
ceedngs With the APPRECIATION seemingly OF all parties
the repor was referred back for corrections more prop
oy akinc was referred 70 Commissioner appoint
Court at the instance and with the concurrence
of every Interest
the law had absolute right to discontinue the existing pro
ccedng and TO institute entirely new one Va that point
there can be no dispute Instead OF doing however In
order to avoid en- unnecessary multiplication of expense.
they simply corrected their original resolution and d
reeed counsel to take the necessary steps to amend the
order of the Court
The counsel accordingly gave the required legal notice
Of en- intended application for the appointment, OF Ccmms
soners to carry the proposed improvement "a amend
oda notice OF the duration and given In the sams
manner in sll respects If had been an original pro
ceedpg To expense and for greater convenience
by order of the Court the Same Commissioners were ap
ponted-ad withoutob ection from any quarter Norwere
any any order thus made o.
in any manner to test it's validity or TO arrest ia execution
On the contrary the parties appeared before tho Com
siouers thus appointed contendng OF them that they
were sosed much and others of them that they were
awarded too tle and exercising IL may Say insisting ont
all their legal rights and all their 5ce In shaping
and adjusting the plan of the report And now ater an
additional expense of between five and ten thousand dol
lars has been incurred in an endeayor to make the meas
uTe satisfactory and TO ALL Of its minor de-
tails shall the viii Of the majority be defeated the whole
proceeding overhrown and the whole cost Of the abortion
cast the City Treasury, upon technical reasoning no
way connected as conceive, with any question OF an
street Justice or injustice, and so refined os to be uappre
ciable without the aid of professional microscope
In he case of Doughty against Hope the Court Of Ap
peas am aware did hold that these assessment laws
were to be strictly construedbut they did not hold now
as e1ponents of the laws of business community ann
they as conceive intend hold that in the prosecutions
Of voyage in search of unknown difficulties common
sense in these cases was be entirely thrown overheard
What possible object except great increase OF expence
was to be gained by doubling the Commissioners and
dosbling the proceedings The parties. it Is said
who are merely brought in by the change IN tho
! Improvement, are ssddled with part obviously
small part Of the previously incurred expense bu! are
they not also equally credited with proporonaio snare
Of The previously performed seryices For aught that
appears-ndeed think il clearly appearsther share OF
the costs and charges of the combined proceedings less
than would have been the whole amount likely 10 DO IN
cured by separate proceeding entirely their AT
oil events this point, II there were anything 10 urgen
should have been presented nthe taxation VDecuonaoi
items if any there were, should then have been pointed
As the matter now stands the application to confirm
the Commissioners report all the items charged and taxed
must be viewed admitted by the parties to be JUST and
proper Such is the established rule Of the Court resting
on The plaines principles Of justice ana convenience
party having or deemng himself to haye-a defense
neeects to avail himself of at the proper nne and per
ms Judgment for the taxation in It's nature IS aJudg
mont) TO 20 against him. he cannot aftcrward in col
lateral proceeding be heard to urge the same defense Le
Guen W. Goyerneur-JObns0ns Goses 1872
Again Il is contended by the counsel for the o9ecton
that great doubts least exist in reference to the Legality
of these proceeding and that con'ummated enormous
aud almost endless litigation must attend tho enforcing
of the assessments. have weighed this consideration.
It is grave one the decision in tho case
Of Doughty and Hope, and all the lsmontable
consequences of that decision, abundantly show.
The law however, gives me no option in tho
matter-it Gays mperntyey that the Court, after
hearing whatever may be alleged the contrary shall
either confirm the report refer back for reyiss To
refer back it is obvious would not remedy objection
have no other alternative therefore but TO confirm loav
ing il TO counsel Of the Corporation should he deem adv
sable as matter of abundant caution, to apply to
the Legislature, is not unequenty done under similar
circumstances for special act OF ratification:
so far as the assessments are concerned they are
specsl local tax for special local benefit, and which
therefore it perfectly competent to the Legislature to I'M
pose As to the amounts they anascertainment within
The provision Of the Constitution by not less thsn three
commissioners appointed by Court Of Record OF the
oompe nson 10 be made for the property taken Tor ths
public use and is equally competent 10 tho Legislature
therefore In reference TO them to enact that upon their
payment or tho oecua provision for their payment ne
thus ascertained. the property to be taken shsn
Constitution al restriction in the Legislature in the taking
Of private property for public use is to see thai It IA not
done without just compensation and that such compenss
ton has been fairly ascerained either by jury or com
missoners according the Legislature may deem proper
confrmatory act therefore, in such case a. the
present. If deemed advisable to prevent litigation might
seems to me- be passed by the Legislature without trench
ing either upon the letter or the spirit OF the Oohuon.
LEFT to me The law Is imperative u declares and such
must be the order Of the Court that the Report shall be
"conirmed."
L. 8 COMMISSIONERS orrIcE-Bsfore J w NrL'Os E'a
ExTRAD1IoE CASE.
The examination in the Of Alexander HelbourD.
claimed by the Brsh Government under the Ashourton
Treaty on charge OF forgery ALREADY referred TOY had
been Sat down for saturday and INC parties
lady who was in company with defendant on bis ARRIVAL
also being present. Mr. Whiting counsel Tor apphear
ton and Mr.. Busted tor defense.
The original alleged forged document not having arrived
Mr. Whiting ed that the examination be deferred I'll
after the arrival Of the steamer This was opposed
by Nj Busted who demanded that the examination pro
coed. Tie Commissioner finally conciaaeu 10 PoSpon"
the examin afior- and II Was toto ION inst.
Tnr Poticr COMMISSIONERS held coart on saturday
IN the CITY Hall Tor the parpose Of Investigating charges
sr.irs r.osren Tor dirvcfoa Of duty. Sc. Present.