The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-18

guurens Court-gpeelal Term.
Bsfsrs Hon John Mitchell.
rHy CIR7xAL PARK-APPoINTAENT OF C0knS |
sIONKRs.
Nov lI.-nis nssning hs Hoaor delivered the follow
Ing inpestaat opinion and appointed the Commissioners
for this great work. intended for the Identifying and
ventilation Of the city well for the recreation Of the
mass OF the people -
IN re ne application of the Mayor, &C., Of Mev York, rsa.
tire ssg de- p .1i place saa S Sss ri r s, a and
ss s's sniP One
d1sth strssts and BY Sixth AID Seventh avenues
to E % os &. as Z:
altered sseordius" "and the acts passed after 1901
and s in force made to apply to the taking and
laying out Of the piece Of land above described for
VENT a. II the said piece Of land had been originally laid
out for public square upon the map plan Aforesaid
szeept hereinafter excepted exception IT, that
act Of 1907 may be paid for under the act Within the
limits thus described the upper reservoir for the Cro
sixth street and from the Firth to the Seventh Avenues
and which several years since taken for that purpose
andis now absolutely essential to the supply Of the city
with water by means Of the Croon aeduct also, the
lands between Eighty sixth and Ninety streets and
the Filth and Seventh avenues which needed for
only twenty one days before this act to s. taken for the
purpose Of reservoir The present reservoir paid
for entirely BY the public without any assessment Or
paid for in the way while the public square il TO
be paid for in part by assessment those
The State arsenal BY the State also occupies
square, bounded by Sixty fourth and Sixty fifth streets
and Fifth and Sixth The supply Of the city with
pure and wholesome has been the object Of the
Legislature for than twenty years. and the CrotOn
aqueduc with its reserve IL and appendages has bcen
the pride the State well Of the CITY, exhibit
fully applied t. accom- psh this object The Iesisiatare
could not have to DO anything by this
act that could withdraw the control OF these great works
from the departments especially appointed to te charge
Of them and transfer to those who have charge OF the
new park, and allow these last, q then will TO do
goy the usefulness of these works. The State arsenal Is
equally important to the public interests an must from
its character be under the exclusive control OF those to
whom its care and management are intrusted Even q
modified contract Of either uld not safely be given to
any persons department, except to that to which is
committed these public, works divided authority
might sasrice that which is essential to public safety
and the daily comfor, of the citizens, to object In
tended as much for ornament and amusement as for
of the legislature to have allowed either of these three
parcels Of land be taken for the park and to be part
Of it. although they nomnaly incud ed in the limits
of the park. The order therefore, will appoint the Com
mssoners to the rest Of the lands describing them
not to include either of those parcels may be ques
ton how far in tended that the streets
already opened ho uld remain open and exempt from the
control Of those who may have the laying out the Park
That question may be settled by legislation before the
Commissioners will have made such progress in the
ments for benefits to be affected by the decision either
way The committee Of the Common Council who recon-
meuQeO present
lines Of streets and to be abandoned for
they state among other advantages Of connecting the
court with park that the gradr Of the streets and
plan Of the city, would be very expensive and that
this expense would be saved by the park where separate
wards would be among the improvements of the place.
They also that Of the cost of taking the
land would be repaid by selling the lands forming the
borders Of the park for various purposes: which they
scheme fsuch be the intention, those powers should
be amply granted before the Commissioners make their
missonsrs; they are stated to be the same per per
sons who were returned In the bill before it wai
finally passed, and who were approved Of By tho
act as 1t passed. 80 the constitution directs the ap
pontment 70 the court The gentlemen named are
of the parties interested have naturally preferred to have
persons Of their own choice appointed and have claimed
Sst aey NAVE rgn have one Or 1sa from
to the court alone the power both to nominate and ap
point three discreet and dsinteresed persona being ci
and assessment. The act Of 1885, sec 2 changed the
law and authorize the Corporation to nominate three
one Of whom should be appointed By the court
be affected to present to the court persons
whose names should form list out Of which, if majo
should be appontsd but if the majority did not agree
then the Court should appoint one person out Of the
such list after which the Court should appoint
Common Council and by sas parties Interested > fhs
persons proposed All liable TO challenge for interest
declares that compensation in such "shall
BE- ascertalnsd by jury, BY not less than three
be pr soribsd BY law" This act is that ave persons
shall be appointed Commissioners of Estimate and Assess
ments instead Of three" Act 1852 CHI. 6l6 The terms
nominate and appoint used in the acts of 1918
and 1885, In the first the court both nominated and ap
pointed In the last the court had power of nomna
ss S Sf %
the peculiar manre there "prescfibed by law"
This power therefore, it exercised when The con-
suon was adopted and had been for eight BEFORE
consistent with the nomination being in other per-
sons than the Court and yet the appointment being in
we're appointed by order Of the Court but the mona
nation Of the parties, BY drawing from the jury box
that by it few active interested parties get
Of their friends the commission while the
IL
formidable IS to attract the attention Of the
At all events there be any doubt whether that law Is
repealed by the constitution it is deemed better to
5 Ss n a Of gs % Ss
complied with one Commissioner Is selected from those
named by the corporations then from those interest
perations and those interested. The other two
may be chosen also from those two lists, and
msy = moss consistent With IL. .ps e the
Act Of 1889 to select Of the last two those named
by the corporation and the other from those named
parties interested This would give the nomination Of
three to the corporation and Of two 10 uch Of the par
ties interested % chose to nominate The corporation
represent the city which has interest and In this
case very large in the proceeding and also in
degree the absent parties.
The Conmissioners appointed are William Kent MI
chael Ulahoefer Luther Bradish, Warren Brady, and
jeremiah Towle.
Marine Affairs.
ARRIVAL OF THE HANsA.-The Bremen steamer Hansa,
Capt. Geerkin arrived yesterday from Bremen in nine
teen days. with three hundred and sixty passengers She
reports heavy weather and Westerly gales throughout the