The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-10-01
SuEo' l~r COnrg-sPes aal Term.
b~t.tt Il 10 Ju-s- Mitah III
rHs PROPOSED OskrsAL PARK

SuKucr lsr COnrg-SPes aai Term.
b~t.tt Il 10 Jurx- Mtne-n
THn PROPOSED OskrxAL PARK.
s,0Isrs VI Eunsts sud 10 sbs m.ttsr
pfc,csso Ga ersl Para beng c.Iso Mr. Dillon Csspo
% .pple t 90 sSs ts O. sSs Couuor CounsI for sss
sspcs meat a cc0isstooers. He would hear from
n. rtssUso ths other ses what pspe they had to
pre-
CuuEss foe The objsstors thsn banded the court
VARIETY II pspsss, .biea ss'e doll nuobsred.
psbt of Jsrsuish To .ie tbs oonuiss,oa
IL sgrsd Jsoos Ws- ssvsit Mayor Of city
q E T, Yos. j.. Levi = D.vs :. r. J:. aqr.,
Ios'er Pro sceat Of be BssId Of assistants; John
ssvsnsor w@ Asor Wa Wstmore. b. milton Fish
Of 0.,Ao 10 A~,a WIN 10 psseen SIX acres
o. sts isno eed 70 BE- taken Tho applicants ia fs-
20, OF M io:as's sos dat eot o. 90 n..,ones are
o~psrs Il s.s IN thc veotty to tho extent Of about
tseCry -stbt hOEosed ktsL
Mr. v @ ne,ss p'sss.s.t thu petition Of Caleb s.
tbeJ bad been bodied b. pun, semsnt from the
81 Of The c0spere1oo hat he I'D spiy 10 this
u. to sppsaDs oossstsosrs a estimate and as.ess.
Dtpt for opea tDE public park bounded south Fifty
ola tn forth By lO6tA By Fifth Ayeaue
ard srss BY Eshto syeous Asssrs wo dhuil and Cod
orscd ~toin hsss soupdastss and tnss so o~a ctner
spo. IN tbs v'eIsty of The ~ park, which may DO
sssjees.d 70 sssssa..ss u. limit. q the PARK
about miro h0us foAr basarod city building lotr and
they claim that Certain ,0tO0s 0 Thorn operiy
or legally b. tAhso f tho purpose proposed
po ~ the setvtnG Gro aud
actually oovsse6 wish fts waters namo,y the blocks
~ .int rs< east BY n.a ..eoos aud We t b, Sevseh
avenue There sre als0 mxassd ~tthia thee HGits
tse1ty otDes eleds which 10 t.tsn for add
dO al tss-Ivotr fo tnc Cru AqueduSt. the Bead Of
Directors Of shion apphed to toe Legislature, and
weEed those twenty books aud py virtus Of
that sc Croso0 Aqus4cs osrd requested the
Co Ccunssl n.t te the neoessary legal mea
ssies tor 'ssg tie isad for the additional reservoir
he sevru bIoces oooa N.d y ths exiting reservoir
blocks. ID So t.lsn Ger thu Ds~ reservoir about
$50 lots. beng SIS 10 ell he therefore, submitted
a public p.sk bat must rsa,ain ana ought to remain
uncer tie sole custody end In ths exclusive possession
OF tho Csotop aa1ecoet Dspe t@~ot The peoaais'y
tend ouht 70 be wholly psa foe ou Of this funds spec
ally devoted to tho construction Of tho Crotoa Aqueduot
Mr. No, o. q ia that the psnacasrs os,m thai would
DC uholy upu,t illegal Impose any local assess.
Dtnt upou tbs lspds 10 The vicinity to for the pro
he ;ssvsrs and that tn. pro.c.t, ought not TO BE-
II csAed within The tn,i1s Of tho Csutrl pAk. uhsA
r.r,h aai Eas, sixth street, SIXTH sad ssseash
sv.Duts, and the twcoty scoss, oct Eshy sixth
ard Ninety siKrh streets. aad Fifth and Ssvyath
ed. he, e,Aed sto ,hA. 1e state arsenal should
se preserved, ard Thar the Court would take
,hs proposed pask ard should net be dsturssd
the Corporation Counsel cots to tbs excepting Of
other Suggestions from bin (Nr Noyes) II that was
s'sehhd to- II was vi tina. his clsnss desired the
Mir Carrot Striker objected shat the iferent petitions
presented BY tbs owners except ,hose which repre-
seht+d verified pursoaot to the OF 1889 and
that most o. the Con mi.Aoosrs named interested
40 osDcrs the1tsives Cas parties he (Mr s y repre-
senred were q Eve thousand l0ts and with
e~ 'beir petition and expressed him. Elf in favor of
those CnODtssi osrr nO0iLa cd BY he Corporation.
The Judge then road osjecaoo which had bsea pre-.
90 10 the Court stating that the Corp had
rs ut to n0miLate moro than thfce persons ss Commits
sioners.
Mr.. Jehn B Haf. - 40 owner OK property in that
ntghb0rhood for twelve years said he vii ing
wanted rome eeo'lemxn potent apoointed rs
sis In the valuation Of hs property He did wish to
saorce It, ard TOR taat reason be signed the petition in
favor Of Mr To ie o Commissioner
Mr. Dillon Counssl the Ccrps alton, said that tho
cones t, bs examined in three aspects. The
fst 10 tbee any material cuity il tbs execution
of Tbs act, or any mo cahtency In its provtsoos
coSoy whether aay reservation can bs made By the
ton i rcssrvr Of the hnd coatem plated for the
reservoir s1d Of too Sraoo Arsenal and thirdly
are the proper TO % sesc ed commissioners
had oo coy that be hsd examined this With very
attention ADd DO could sny possible objec
o. no sSus So sss %
Consistency or r1tcularity in the act tugges ion
fell hom tbs Court On the Last hearing that possibly the
could not 30 carried in sasos It the only sug
ton The point he had beard from any quarter The
land TO DO taken under the xct manner
In TIE act u 1874 lech ercusvsiy taking
of public Quspos Usxo to 10 difficulty In essing and
be .1f
be ret BY the surrounding beoe6ts 1t Is SO. Of JUS
toe that tho'c pereona shoss land shall be improved
wu,t pay certain portion Of the prise but tbs great
body the citizens for .om Intended shall bsar
y much crater tkaxe OF the sxpsnse The Mayor
and conmously suthsr1ed for that pur.
thu face Of thS tself 1t 10 Ample, clear ded
mite and admits Of 90 There Ia no
u Die cuty IN earring tho oosed project into Of
fecr uDoer this act Tho pcraOn Of kessrs Woodruff
Cadong rat-se possible objection to the pro-ecu
eborce the Tis ht Of eminent was but for
this COURT follow the BY appointing commits
the Legisis ute 10 preserve
them TINS duty Of the Court simply to appeint
commissioners uncer the act nsverhsess /. is perfect
y competent for tho corporation to ask this
CoSrt TO except In the land TO be taken, tina.
portion Represented in the psti,lcn of M Woodruff
and Mr. Codnston In the 1913 is provided that
the Common Council can open part Of street or q pub
lie place AID when tnsy open part there il .nog
con pei Them to open the whole Is for rhe c,urts
ee,ermDS whether Il oy shall open the whoe OF
hat recehssry for tbs rubNs good The that
LIST psssed not prohibit tho court from excepting
In OoAiDg ct those acts 10 subn tilted Court
COZ not hesitate oomrg 20 tho slocluon hat they
were rot irIeccr cabe TIE hmrnt Of the park
particularly o<srabe because the and
State ArstUal we're embraced in the hnits, and
they woud prove objects Of beauty In this desra BILE
ard great improveCsent He had objection that
these shall b exceptions be vas nevertheless DESTROYS
that tho learned council (Mr Noyes) shoula enghsen
next Qui,y what pcrson, II any, had q right to
nominate uss!oncrs any right exists it uudsr
the Of 1882 The construction winch he had given
the sct the rnder the consti of 1S46
all the power OF tho Common Councl-al the power Of
toe yereonr Who properly IL 70 be iuproved-Al the
power u tbs persons TO be bensfrted taken way,
the isht TO Doninsto II tie intenoa of the
p,.stu,e In ,he OF ths high prerogstvs of
the sato tho taking say Of private property-tnst tue
JUG icisry alone shc+e inc ests had inHueoced
~h, feelings bad bScn excited should In
their osI good judgment auoh persons they shou
eeem most and proper TO exerce the deli ed right
Of taxing axsy private property for public use;
and he (Mr Dllon,) for should never inter
e,e win tns judiciary for 'hat purpoe Il nte ded
for them clone rses'virg of coune. to the persons
INTERESTED 'hs right OF presenting to TIE persons for
n0rLn&tion. Every o;tEeA In Ne York is in
It ere appeGtmsnss-evory tax payer is as much in