The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-10
THE CENTRAL PARK.
Supreme Court-special Term.
Before Judge Roosevelt.

Tho Counsel Of the Corporation, INST the
tons wishes express Order moves this court to ap
point certain oommissoners i've In number named BY
him 70 estimate the compensation t, al the parties in
tersssd tho plot Of ground between Sixty sixth and
Seventy nfth Streets Third and the East river
containing hundred and fifty and quarter ssres
rsls gushing the same eompusory to the corpora
tiop, for the purpose Of public park Such applioA
ton its face is novel and extraordinary, and until
now, believe, unprecedented. 1t proceeds upon the
assumption not only Of compelling party to sell,
but the other to buy-agAnst his william exercise of the
power of eminent domain, indicating, 1t must DO id
mtted very peculiar If not very hasy legislation The
corporation accordingly have employed other counsel
resist the action Of the Corporation Counsel and .hs
cognizpg BOTH and Of being compelled should decide
In favor OF the Corporation Counse TO eide against
the corporation itself By the frat section Of the act in
that lit shall be the duty Of the Corporation Counsel OF
the city Of New York; 10 application to be made
to the Supreme Court for the appointment Of ,mmison
Al that Off SER impressed with the idea that no
two masters" and that he must therefore
choose Between the Leg aturs and the Corpoton has
decided necessarily he conoeves thoagh
to obey the former leaving to the court to determine
whether the Corporation can constitutionay be com
l!ed 20 take private property for alleged puS lic
against It's will and against Its Of The public in
rests This sc', have said Is unprecedented " is
terest 10 the city Fr. by the general law Of the Stats
as II has stood for Than forty years the necessity
utility Of opening streets avenues, squares and public
places, has been left to the judgment OF the Common
Council and also the making not making Of appica-
lions 10 the Suprme Court for that purpose WhsreA
places The lion Coun shove and in an
TO his client Second BY the general Law and Indeed BY
another Park law pa,ssd.t the session. aud the
dsy, the cost OF local inprovem Is assessed
on the property specially benefited Whereas, this
act gives enormous advantages to neigh boring
We not b. surprised therefore that the Cor pora
ton, peneins the action Of the Legislature,
met, however, by rsbuf unexAn Piled in legislative
ABE ais committee ef the Senate. to whom the bill
was rseret in formal report TO that body under the
natures Of Nessrs Bsskman ami BartL tt he other
memter dissenting declared that any
from such source might fairly be suspected and that
the committee did attach to 1t the slightest i'm
portance, considering it 'al.eAdy infamous for its
nality and corruption, and repudia ed py its consu
whether meriec unmefited, may explain and the
view Of some perhaps justify tpe nrst peculiar fea
ture in the bill but how, may does IL consist
sands Of dollars out of the pockets Of the great Of
the munity and pattiDg them into pockets Of
vous and tmporsreous legislation OF the Sate9
The Senate notwithstanding the report Of the
mttee At first ed the p only twelve voting in It's
favor but OF the Senator's igopghe report msde,
he Gays (and bis letter in evidence mott
scer "ard the parsora attack upon me- no aids ION
that OCCASION secured by its violence constitutional
vote" And thus was bill I'm in itself on
the last day Of the session. passed coniessedy from
unpatriotic il not unprecedented motives punishiog
mun,ty although centIy oppressed already to vlndi
cate the no doubt lsty assasd OF single
Individual member OF its own 5ooy, and actively parii
cpating in the pro :eedicg.
The history Of law although a. times useful and ad
mssibo In discovering The OF its cannot
be rescrted TO- Ia tad, with the ve~ of shaking its
lidty. Fletcher against Psos Crauch S7-ths cele-
br ted r. zoo Claim clsehas been cited cencusvs
This p1nt This doctrine, when applied tsupfeme L.
gsave bodies not local corpo ioas, aud with he
vaon Of what usually denomnats private acts may
be- and pIoba bly, is sound law h.s been much
10 ID oCse O m
ttncy OF the British Parliament And while tbs OF
Emere and Blackstone ranged On its SIDE those of
Coke EOoart snc Iol be foun IN the ranks OF its
opponents Coke in particular, insists that statute
agsinss right and justice is VOID See D~Mris Sta
tutss, 643.
The act in question: in principle far the point
raised involved is private act Its eject Is to rAus
fer By local taxation the one portion OF IL
tie tahg o. private property, even for pubic use"
vii bout just compensation This act in ths form Of spe
DIAL taxation, takes prisat y, to grsst extent
for private use-that of peghbosisg lsnt owners
without any compensation, certainly without adequate
these who pay the tax 1t provides garden for BIS 10
in the Nnetes nth ward ladruplog its value and take
AS garden in The Ff ward to pay for It such spe
in the spirit Of the constitutional prehibi ion. The le
gsAture Of 1851 which Arst acted the subject appsa
10 have viewed the matter In Its proper
lone half OF said he of the par y should DO
asseaea &c. upon the property to be bcne
ed thereby, situate in the Seventeenth, + gateenth
Tw.fth and Nnssenh wards, ana the balance Thereof
BY taxation the remaining wards Of the city, Bat in
the OF 53, while the general outline ., the section
above partly cited retained fro hurry inadystencs
other cause, the words eirec ing . special ass
essment upon land owners " Immediately benefit
tet," dropped, leaving the wo-ds "balsucs there
Off in . dislocattd position OF most uninteisibie
ambiguity. In Of the ai iavs before me- 1t is stated
that the Ill IN the Assembly not RAJ except tech
doubt In part acsouns for this niashspen and most
jutt not clause being oreroo' ed;
hour before the snai Adjournment on the ais. Of Jus
equally explains the subsequent oversight in that body
Violence, We know like self interest 10 - to lind the
eyes OF ordinary men, anc without disrespet We nay
presume does not improve the visi N of Senators
Other grounds OF uneonstc ooality have been urged
BY counsel at the bar Ii IL sad tina. provide,
FOR payment 10 the owners VII re lands arc
for the PAh only after the corporation shall have taken
possession while 1t Contains provision compelling
the corporation after all the proceeonds been
coLhrE ed u take pctsesion hat ough it declares
that the corporation the confirms ION Of ths Com.
nissonsrs report OF tbs to DO Isd shall become
seized, makes no provision a. already stated for
payment TIL SEXUAL possession stal have been tax
tina; while it provi for The ra.siog Of the amount
BY the issue and tale Of . i've per cent stock, It
renders such stock unavailable by making It reasonable
BY annual instau1ents and at the time directing
hIt shall not tie cold undor par; that although IL al
lows suit against the corporal on in neglect or
default in payment Il furnishes fer rendering
judgment in such suit available, the whole CO.. porA,e
property Of The city being .reaiy pledged to the sinking
fund or the security and payment Of sotecedent dsb
and the power Of taxation as individual property beog
dependent tn. annual grant OF the Legislature Taess
objections, pat forth By the Abl-s counsel 1T the bar
merit For reason presently to be stated
co mol u6em II necssafytr proper now 10 pass upon
them II is further urgei that the contemplated East
River PARK in adcitioa 10 the 81 one VI
or tght hur bred acres, and unnecessary
and that the right and DUTY Of inv stsatag aud d,cii
ing that questor, yieuing all the circumstances
listing at hc time and presented BY the parss
ed ~ the Legislature, and intended 10 be- to tbs
Court That while the act in terms cscsrss it shall
be tie euy of The Cor pcraton COUNSEL TO make pro-
vides in the section tnly that 1T shsi be Ia vfu
ior the court TO grant the apphca.ior-as.ny the
firm o. expression 10 refsrssee to thi eouft ., is
u ed in the general stceet and pashc square law
Ia reference to the Common Conp ;il. shich IL
Fever was pretended imposet that body sb
iolute Oh! gaticn. That as Legislative GtcAsatop
II 'houd e "lawfui' for the o1rpora,ol t, make
application FOR oterius street gave that body c,n
fsssec " oscreionsry power TO Sp ly no.. Ella
liar cetlsraon r The Ike case, mus be nsrued az
giving sma. pc TO the Court Without exol sin,
81 even forming 40 Jet, apy dshr,e oTinon ] may
say that think II DOUBTFUL w,sther thee ,siti,ns
alike ugh plausible, be nant,in.d Usu.ny where
power Is given to u Court III, exercise which il
c.Ssry to the hight Of parties II involves b. i'm cation
a. Ia psrsye du.y -asipg the court. propsr ~ IL,
cation beirg made choice discretion AS however,
there are obvious difficulties in the aud Il IL i'm
rant 10 uch Avoid the sesds Of future is