The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-06

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To commissi-D'r' pr ce.dd uteer tn,s reslrsa Ia
making trs ssessu 70 ben sits II II A.ef md
no ocne, with uuth that toe lands 10 the iAmediis
nsenoorholo OF th pr poei squsre aat ~htcl con-
iessedly :, be ngs oeurtted by proyeent beog
vacant sno hau beea v-led by The cifsr
ent sac assessors at prices far IN value snd ia
some WAL DIS Ut prices relative below prices in olhsc
wsros TIE consequences Of this restitution upon the
power CT the Commissioners has been any instances
70 relieve the of most beneh by the
provement from the payment Of equal %
the extent OF and thus reduces the ate
AMOUNT OF the assessments Tue whole amount ASSESSED
upon the ow1ers Vt property for ne alb ,ut nil
hon ELK huadred snd fifty toousud dollars believe That
but tor .e restriction iD pOs5 upon the
by the act oI 1880 much ger amount
might have been imposed without the least nusi,e "
this However no one but tne Corporation II New Yoik,
which is required 10 make up the dedcieacy, the
right To Complain. Macy o. .hs class persons
appeared to objc TO the conf Of report ia
sisted, OF 80 much that thslr assessments
cessve as that when comps ed with otaers thy were
relatively TOO high But tn obviously does mt far
more Than the amount OF benefit no r.ceges IL does not
lie WIN hun to insist that smother pays he's,
BY The act OF 1853 toe Cooperation Of New YORK ia
eutborizen after ppyng che - the
fer benefit. to the payment OF the ds IMAGES oy
the Comm issoneis and expenses Of the -eag %
rsise tn oehciency by creal,ig puoll, stocs
to be called :" he Central Park runa," re-
deemabie frty-fve years alter tina passage
Of the sc and bearing so interest of i've per cen l.
aIo eclaIed that fer he pay this stocs tn t,
be issued The land TO o. ,aEen sbal 90 rrssoc.oly
pledged IL was sisted that this ponge Ut he aod
vovpg the rieht TO withdraw IL from "a ,s
which it il taken ~ ncopsis With 1t, perpetual dsi
OF Which alone the Ut j.ens lands navs oesn
ssfessed This though much pressed the srga
ment, las seemed to 10 BIS by the grave
ects whis has pre- ,ted agsnst the v.ddity Of
ne proceeding 1t Ia perhaps. unnecessary 20 nsiier
the or send k 90 rer 60 there ss s
radical defect IN the Proceeding possible advantage
coud result from refusal to connen the report. Bat
DO not think the Object IN can sustained The
land has been taken from its owners for pubic
Is to devoted S 81 70 the the o,st for Shsa
OF the State is pledged that the loan shah p1 1t Is
only upon 30 violation Il this faith that the par.ies
sessed be deprived If ,ere6.s oopte pa ted.
Practically they rec i've such BENEFITS. che value of
their lands Is increased by the imp -ovempn. and hus
they an equva eut for The assessment they arc
required to pay. be that in the language Of the
COUNSEL who presenter this objsctoa, tbs assessment
of land for otne6t imples covenant for the connu
the benefit may ciscoutinue does rsner the a.
sessment invalid A. the moss, il could Only furnish
basis Il claim for compensation 1t the contingency
A few objections of more general character deserve
poration itself for lots ncuued within imits Of tia
square, TO the amount Of about ex hundred add fifty
thousand dollars It's sad that by ordinance of me
CORPORATE including these lots sa,rs1y pledged
for ths payment Of the funded deb. of The city that
the corpora ion have NJ rigaF nov TO diver the
lots from this object ard devote them to the pro-
posed 1t we'll be that The creditors of the Corpora
zion have right have the amount as tas price
of these lots la way secured r their benefit bat
whether they have not Is in sufficient this
objection 10 say that it is aues ion which in no way
concerns those who opp h, of chi,
me same AIS sppes 700 to The jection thai the
pubic property, such as the Aena, the Croton Reser
probable that these Ian Is the rea-
son that account of the purposes woich they
ed Improvement But waeher this be not it doss
not lie with others who have assessed object that
for any reason these have been omit ed
1t is also ted thai Commits bad right
IN making their award to declare that the unt due
the Corporation for unpaid sho1d
be deducted from the OF the ward tor the same
lots This may be SOL but this decaa ion ia the report
entirely harmless. The amount Of the awards by the
Commissioners by the of the act of 1852 viii be-
tebt against the alton, due and paysbe
Immediately upon the confirmation OF the report. II
those entitled to receive these awards are them ia
detted to the Corporation for taxes assessments it did
not require the authority Of the Commissioners to set of
one debt against another
An objection tak en- for the first tins to the va
Hdy OF the appointment OF the Commissioners. The
der for the appointment was .de by Mr. Justice MI ch
ell ano IL now said that he is relative to one of the
parties assessed for benefit The objection unite
nsbe. Judge Mitchell might not sit to hear this
ten for continuation The par les assessed for benefit
are now parties to the proceeding But when he enter
tanned the motion for the appointment, of C,mmissoners
they we're not and Of course he not legally dsqua
In the range Of assessment ia alone sufficient show
that the objection Is altogether technical.
Again IL Is objected that Mr. Brady one of The Com
miasioners, Ia brother to two the Of lots
taken for the improvement to whom damages have been
awarded This mighs have furnished proper ground of
the court upon the appointment Of the Commissioners
but it in go affects the validity of the report TIE
low occAies tnAt no JuuGe cI huy In
cause In which relative within the ninth degree is
party This prohibition relates entirely to courts Of jus
s s1S mot 10 h pee Ike s
derived support from the amount Of the award.
have thus noticed the principal grounds which have
betn urged against the confirmation Of This report;
have, also, since the argument carefully examined all
the objections and adavis ed with the Commissioners
by those who now resist the confirmation. There
few cases Of individual hardship which have my sympa
thy, and for which would gladly provide some relief
But my examination has resulted In the full conviction
that legal have bsen committed in the pro-
oeeding and that the report Is, in the whole emit
neny judicious and equitable. l hava hesitation,
therefore, in directing that order be entered for its
confirmation.
MIR. Mott was proceeding to make some exceptions
when
Mr.. Dillon said that the decision Of this Court final
and the matter could not be appealed.
The Court would permit Mr.. Mott to read his excep-
items, but he could order the paper be fled The
council might 60 before the general term and make his
motion.
Allegations Respecting American Trade with