New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-06


by Mr. Dillon, Counsel for the Corporation, asking for
the confirmation OF the Commissioners Report for TAX
ing the land and assessing the taxes necessary for lay
ing out the great Central-Psrk:
OPINION.
In IN. matter Of the application Of the Mayor &c. the City
ofNewYos relative to the opening sad laying Gu; OF
Public Piece between Eiityn,n'h and Ono-hHadred sad
OiNsw-lork.
BIZ THE CouRr-HARRIs, J.-Every citizen holds
his property subject to the wants OF the Government
This is an nvariabe condition Of society. Ifmcney is
required it i taken by taxation; if property by the
right of eminent domain. Such power is q necessary
incident of sovereignty. Its exercise especially in
country Ike ours, whose growth and expansion is
constant surprise even to ourselves, is often ndspen-
sable.
The public interests could not be sufficiently ad-
vanced without it. Individuals not to be permit
ted to nterpose their will or caprice even their own
sefnterest, to thwar useful Improvement prevent
the development of great public advantages.
Whether or not the public exigcncy requires that
money shall be raised by tax, or property shall be
taken for public use, question referred TO the SOW
ereign will of the State, expressed by legislative au
thority 1t is enough that the public good demands
it, OF this question the Legislature are the exclusive
Judges 1t is no more the province OF the judicial
power TO determine whether private property is re-
quired for public use than it is to inquire whether the
public exgency requires that money should be raised
by tax
Nor can concur in the position, maintained upon
the argument of this case that this power can only
be- rightfly exercised in OF absolute necessity.
A strict application Of such principle would COM
pletey annihilae the power. 1t would not be easy
to state a case in which il would be absolutely nses
Ittt tka
term, when applied to this subject, has no such re-
stricted meaning IT, in the judgment OF the Legsla
ture the public convenience requires that the property
Of individuals should be taken om them and devoted
TO the public use this constitutes sufficient legal
cessity TO authorize the exercise of this power.
The mode in which this power is to be exercised is
sufficiently guarded to protect the citizen against in
Justice. He is protected in the enjoyment OF his prop
erty, unless the public needs 1t. For this protection
he pays en- equivalent in taxes. If the public need
his property he must surrender it, but then only apon
being paid fair equivalent in money. BY his taxes
he pays than his just share for the benefits of
government. When he gives up bis property, he
contributes much more, and il entitled to adequate
compensation. He sells his property to the public,
Involuntary, it Is ruo but for price fixed by fair
appraisal.
our Government, property has been obtained for pub
lie improvements such turnpike roads, canals, rail-
roads and other kindred objects. In many cases the
application has had its origin in private enterprise, and
enough to justly the exercise of the power thai the
enterprise would result in pa5itc uhtRy
BY an act of the Legislature relating to this subject
passed in July, 1853, it declared that the tract OF
land mentioned in the title OF this proceeding should
be "a public place in the same manner a. If the
same had been laid out by the Commissioners ap-
pointed in 1907 for the purpose Of laying out streets
&C.. in the City of NewYork, and the Corporation OF
New-York were authorized 10 take the land for pablo
use, and for public square. The act provided Tor
am of Commissioners
and Assessment and made the existing laws relative
to the lay ng out and taking public squares aud places
in the City Of NcwYork applicable to the proceeding.
OF the wisdom eXpediency of the measure, 1t 10
not my province this occasion to speak. 1t is
enough that the Legislature have declared that it was
required by the public interest," and tor the public con-
velience. But may, perhaps, allow myself here TO
say, that if the apprehesons OF the most dsirustful
be realized the enterprise d,srous
Improbable The ncreuous will not dolb that
should the generation who hslf century hence wall possess
this American metoposthen rhaps the metropolis OF the
wChd-hiDk IL enpedent to withdraw TN, tract OF land from
the which is TO be devoted might Thea be made
produce exceeding by many times the amount OF
Comsoners were appointed pursuant the in NOyem
ber 1853 OF the eminent fitness Of tins and the
fidelity with which has discharged It's important trusts oil the
parties who have sppeeIed upon h' hGSthS nave ooe @
unqualified and emphatic testimony Nearly two years were
sessmen On the fourth OF October as result
red public opportunity given to present OBJ
heard before them aud far as objections were
presented the decisions of the Commissioners were reviewed.
upon such review such corrections made as deemed
The result i now presented TO this Court in the Report tho
Commissioners The only question now to be determined IS
whether the Report shall BE- confirmed whether t contains
such errors ronire should be referred back the
same OF other for reconsideration This Is tho
extent Of power vested the Court this poceedne
consider Therefore the reasons urged against the
confirmation the Report These grounds OF objection may
generally divided into classes: Fist those presented
by the Of property taken for the improvements and
secondly presented BY the Of property assessed
benefit DO derived from the Improvement Each Will re-
The number Of city os taken the .bo.
600 which the Commissioners have awarded upward OF
S5Co0 OF the owe OF these oJs sns about Que IN ory
have appeared to the award Tho very ise nst thirty
saeed ia proceeding deemed il for their interest
to object report certainly furnishes very satisfactory evil
dressed themselves the accomplishment Of the great task
they bad assumed OF sceranipg the true ysse Of 80 vast an
The dfeut OF their aseyienty very nsueh nerelsed
by the that the lots be appraised by them were t1 the
most pert wholly unIroductye. Their rares
pec,ye and conjectral rather than present and real IL Is
ions even OF discreet men be found take tho widest
IL Is matter VI surprise, eelore hA Oh 80 many
owners here and there should be found who honestly sd
SINCERELY feels suffered injustice at the hands OF tho
Commissioners ain myself not without some apprehension
loved io.', - &c" '''''''''
Anops the most earnest OF vino oppose the cOnfuna
At ubc sae by Corporation Of New York, portion OF
the same taken entirely for this Improvement am
ally far any reasonable appraisal of the lots The sale
abandoned their BIDS before psyns snyng Others paid their
zen per upon the sale but never contaminated their u
the balance Of he paIehase money for he al Il
stated upon the hearing that age amount OF the puchae
money been RENTED 10 the purchasers o. the CoTPO-Ion
The appraisal Of these lots by tho H. mink
about 81 per below the prices bid at the Corporation sale
Instances tie ward Les than the amount now due 70
the Corporation upon the bonds aud secure
only the purchase To sssh purchaser the
the Commissioners well severe snd unjust
IL vas with one psusbty that they insisted that
having paid prices the Corporation when me Cof
pOIao sgast the shou 70 retszs tho ProPer
should be heard deny that IL worth what received
uTon lie -sie. -
But il obvious the Commissioners could sdop no sdcn
yus Of discsaor II was their sin gle duty 10 az what tney
believed OF eacn os eken WITHOUT