The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-03
The Widening OF Wall Street Very Imror.
tant Argument.
SUPREME COURT.

III.
. resolution was passed b, the Common Council that
ws street, on the northsy side between Broadway and
Nassau street. DO wdsusd four feet and that the Counsel
to the Corporation take the necessary legal measures
therefor; except that until June 1850 the building On
the corner OF Naasau srss should be required to be
taken down On the 9Th Of July, 1851, an order Was
made BY the Supreme Court the petition OF the Corpo
ration, up pointing Commissioners OF Etmate and Az
sessntnt and describing the wsennz without noticing
the exoption the Court being Of opinion that tas az
eepon was void The Commissioners made their report
among other things, allowances to the Bank
Of the Republic, situated the corner OF Broadway for
tbs land taken for the widening but for dAmsgss to
the BUILDING thereof the same having bern put tn.
lard After the resc luton for widening the street had
passed the Common Council THIS bank obi ,ctsd to the
confirmation Of the report On tho 9th OF August 1882
port neouy because 1t did cot allow for damages to
the building. but denying the motion to confirm the 70
port to rsf bac grouad that the resouon
void by reason Of the exception From this order
the Corporation has appealed to the general term.
The points admitted to the colrt ths Mayor SO Of
the city OF New York; appellants, ~ folio AL.
Whether the proviso In the resolution directing the i'm
proyenent made the resolution void il question OF
oil might have been reviewed by laW osrtio
rar and the decision Of tbs court appointing com
missi0ners that the resolution nigh, also
been reviewed The assertion Of juri doion BY Com
mon Counc having been acq sies,ed In the bank
eluded Tse decision BY the court rniog the in isd.o
5s4 starr vs. Trustees Of Rochester, IL ID 100 In tss
matter ., Assny street 10 a. Ss' IN the matter Of john
Anthony streets, per Bronson, HILL &c 49, In tbs mat
ter Of Mount Morris square)
Of the commisiionsfs Of Estimate aud Aassssn,at i,
esoppsd to deny the validity o. ths resolution aai ths
was the validity Of the report Of the ssiossr
The resolution valid LIST. II the exception was
an e.sntal conponsnt part Of the rssa.on then the
widening was OF DO much OF the street only
opposite to the excepted building The Oommon Coun.
oil had authority to widen ~ much Of the street It
essential oomponsnt part OF the rssoiatioa should BE-
rejected as repugnant TO the resolution and therefore
saving ssu to r.. SSoy Of the
void. (Alton Woods case, LIST Coks's rep, N.|
The damage to the building Of the bank Was properly
dsAowed 1t put up After the widening ordered
and In defiance of the Common Council The bank placed
1t there in s wrorg and to eve compensation for It
Such rule would put Weapon i. into the hands Of OBJ
street. II wsnd. ei9 in iSse S. 6 in Of. Of Errors in
OF Brooklyn, in Court Of Eerers, December, 184S)
The report therefore, should have bosn confirmed.
court shoud have sne was TO refer Il back 10 the
other com iEsioners
The following are the pcint submitted for the Bank Of
re order made in this matter, ut special term,
the 8 AuguA' 1852, is not appealable lit not
to an execution Is code rep lis in re- Fort Plain and
Coopenown Plank Road Co npany Code OF Proceed. SEQ
a23 g. $40 and note 2In this district motions for tie
confirmation Ct the report OF Com nisoAsrs Es,imAte
and Assessor emit In street directed by law to be
made at spssial term Of this court (ession laws OF
1882 D. ls2, chap. soc sec IL
q The said Mayor, Aldermen ard Commonalty have NJ
right OF appeal from sale ordcr 1t Is appsalabls.
made 10 special p octeding instituted for the poas
OF taking land for public street A. the preasns stage
Of that proceeding they have acquired hight to- IN
tersst In that land thsy cannot acquire sach interest
(Rsy laws tfisls u vols pp Ais 4l4. 20 wsnd Rep SIS
10 the mater 0. anthony slrsst)
8 The ords, appealed from 10 not erronsous-H II Be
assumed Tor K present that the court seq 1rsds
ton in ths matter BY tae resolution OF the VI mon
Coupoi spprovsd BY the Mayor on tbs Al Jane ISL
tie Of the land 1t the corner Of Broadway and
Wall street, erect thereon It's banking house. which is
~ much in private properly q tae iaad on which It
stands and must continue 70 until bs taken foi public
according to lag, and juat campsnsAlion DO made
therefor TheEs AID csuid b order o, the Com
Council resti sttrg impstDg suah legal right,
the remotsst degree By way sotIse other Wise U
that land shall have seen SO taksn, and just
s.tion shall have been m.ds srsior the privAs, rist
thereon and t. the ard enjoyment o. such lAai
improvsa oould not And c,nnot ba sncuubsei vi
highest legislative power OF the State represent
rsht cf eminent domain, coald It's claim snd
right to jat compensation FOR l;ss and danAsi
the proposed rissIiry Of Wall street should ever .sA
place, Re lsisA.sd e. Impaired That just compensation
oppsq Gray. Laws 81 ISIS, vol p ala; ! wsDd
Rep 3lS the sops tie Corporation OF Bro ,kyn IL
y. ~. W
Rep els IN tbs nattsr Of Anthony street. ssssoaL.WI
Of 1889. ls2 SEQ. l. 1855, SEQ. Art sees 9. Of
the state Constitution; II connt Rep 1is Heoserys
t1ct OF the atty o; Pitsburs; John Ch Rep iSo Gard
nsr ". tbs village Of NeWburs; Paige, Gu Rep. 40
10 H 81 NJ" HSf X. Ms psss hp sS3
Of The Commissioners Of Estimate and Assessment tas
Corporation may discontinue all proceedings relative to
psnsaon to aoy person affected BY IT, While the Bank
Of the Republic until thsn, "a period Of DURATION IL
deprived o. the tight IL the Interim TO improve and
joysd" hiss NO compensation made secured to 1t by
h. any oss or damage sustaired thereby (sse
and sstnsss list cited Any Law which takes from shs
owner OF LAID that right without mikng Just
tcn therefor, Is unconstitutional snd void.
4 The statute ssder which these proceedings were
taken, though 1t may have been valid when sascte in
1918, rpusnAnt to the existing constitution Of this
Stale which declares that private property shall not
statute provides that private propsry may taken With
out the consent and asaast the win OF the owner that
the Corporation shall become and DO seized In fec Of
property on the final confirmation Of the report and may
inmsdistely take possession Of 1t TO, public use without
making any compensation for It before or when 1t Is so
taken Nersmpts the Corpora ion from airy obligation
to Pay such compensation for four months After invests
them with the title and gives them the power Of taking
posse o. The property II make, no sstAa or ads
any time 1t gives to tie owner from the property
tisn nothing but right OF action against the Corpo.
tina. until Aftsr the expiration Of four months from the
confirm alton OF the REPORT and then only after having
%.s' for 2 sed
during which hs may have been deprived Of his property
anterior to such application. This is neither just com
pensAt,n nor compspsation in any sense.
The Supreme Court has never a.quirei jurisdiction
in this matter and its order for the appointment OF
commissioners Of estimate and srssssmsnt, was
maze without legal authority The record OF
the proceedings Of the Co nmon CJuncil shows
that, in the opinion Of the MayH, Aldermen
sn Com mona twas not necessary Tor tie puzzle
vensnss thai Wal. street Shouts b. wisned irm Broad
way to Nassau street. Ut the time the resolution was
passed Zee Gaze, p lio Rev Laws OF 1918, III
sce.2 The Mayor, Aldermen and Comm ,nslty have not
e. required By The act OF April OH i8,a ordered and
directed that wall shoui be widsnsa four feet ts,
northey side thereof the whole dhtancs between Broad
way ssd NassAa street (s.e case, pg 149 Whsaton
Rep ll9. Thatcher v Powell. 4 Hiils. Bep SO. snsrp
" Spear) 8 The rssoln i,n Of tbs Comm C,unc ap.
proved ~ the Mayor ths 4th Jaue 1884, WAS void b.
resscn OF the xpon therein eostsnsd 10 tbs bald
Ing the Of Wall aud Nassau streets The sal
rseoluion Declared In effect that Wall street should b.
wdsned four feet the nohsrly eide from Boadway 10
Nsssau street and that IL shoud be 10 videned IL
WAS not distinct and upcopdt ona order or drsc.on
that Wal street should be widened the whole distance
certain ard specho sspce between Broad Ssy