The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-03
Supreme Court-Special Term.
Before Judge Roosevelt.
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DRc MIR. Whiting addressed the court on be.
fifth street would be sken and the portion left would be
benefited by the park lie iLsisted that discretion
was vested in the court this application They must
TO the suit ayans, tho porson for the aud
taken and. apart from all this, they had equitable
lien upon the land itself for the purchate money.
Many sdavits and various papers were read to-day by
counsel both Sides To shox the origin Of the act and
the peculiar manner in which 1t was passed
Pending Mr. Writings argument, the court adjourned
to Dec at II u o'clock
DEC MIR whiting continued his argument
He construed the first section mandatory, not only
upon he corporation counsel button the court and
cluded his argument with able examination into the
powers of the court upon the construction Of ues
sstng that the court could not look beyond the law IL
self and that all the adavis and which had been
introduced were entirely irrelevant
Mr. Charles 0Conor followed the part of the corpora
ton of the city, and Saddle did not intend to examine
into the nisadvsntures which had attended the passage
OF this law but asked the court to look into the
policy of acts Of this character and This should be
found to oier from all others-to be without brother
and be examined narrowly That this act would be found
upon its face TO be mass Of ncoherent ill dgestsd ideas
thru together, and the should not astute to
help to give it effect Opening public place like this is
evidently local benefit and is always done pom the
quest of the people of the locality speaking through their
municipal corporation; and slthough the Legislature
had nowhere declared this land BE- pub
lie park yet Is to be taken and by section four the
corporation is to be with tile in trust for this
purpose against their will law of this character is
indeed most extraordinary piece OF legislation Upon
the question whether the court s rerenptory bound to
under ali the this eugh to be opened
public place be into the acts OF the
Legislature about the time for the purpose Of
tanning their inten ion Hs found they then re
organizing and evincirg their want of confidence in
Common Council By the Hrst section of this law il
app trent they meant 10 have this subject
local horty. Therefore they selected the Su
preme Court within the district, and the weeks pre-
vous notice Of he appi ah was given TO enable all
parties interested s in OPPOSITE to the
That the taking Of private property only be for pub
lie use and the question Of necessity for this use must
he rtpls hera IAcia latn IT IF
here, but has left to this court pom tbs question:
whether tie law provided ample ana prompt means Of
and cttd IS Wend 76 Bloocgood Moha ak and Harsm
Ra load etting the rule that when the Legislature
same act preyt. ample and promp. compensation the
act is void and poveing merely &C ion in retusa for
the land taken is not just compensation Tina. this
vices the with action and ye. the grafton
is in nay bound 10 subject itself to this proceed
ing, ~ taing possession although the owners title is
Invested upon the confirm alton or the report So far
from the right issue stock furni hing
reliable means for pay men', he would Ike to know IL
his debts could be cal ed furnishing ample and prompt
means The thing seemed preposterous ard yet this la
Goes han this Fur,hsr this right of don
liz qasncy Of tn. not aron thsir nom psy
melt of the money but upon their neglect default
elect defaul after had taken possession Of tte
land issued this stock sold 1t at par got the money and
ailed to pay to say that stock of this character
could be old at par required moral courage equal to
that which defended Greece against Xerse Finally he
trusted that his argument would have the effect Of pre-
venting the copsuInnalion of this hay and Ill judged
piece Of legislation.
At this stage Of the proceedings the Judge read letter
from Mr. Be, khan, explaining relative to II proposed
amendment OF tbs Senate COMMITTEES and at ri5utng the
pasas Of the law 10 sympathy created by personal
attack made upon him by OF ire Senator's in which
his motives for urging the measure we're impungned.
BY consent OF all tt is letter used with the
effect as If the statements in it had been to.
Mr. james W. Gerard thea oceedsi to define his posi-
ton As counsel Of owner Of gore consisting of about
lois.
Before he had concluded his argument the court ad
journed to this dsy, at one O'Clock.