New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-07-25
LAW INTELLIGENCE.
SUPREME COuRT-CBAsBKEs-JULr 24-Befsrs Justice
CLEKks

SUPREME COuRT-CBAsBERs-JULr 2+-befsre Jasuos
CLEkks-
DEATH OF Ex-PREsIDEST VAN buren,.
Ex-Jcdge Dean announced the death oil ex-Pree'
en, Van Buren, He spoke of the relations which bad az
listed between him aud the Mr. Van Buren, hav'
Jog his constituent when in Congress- and ssid ne ss
thai there appropriateness IN his making the motion
he va, about make He alluded to the exiIssident -
true patriot great and referred TO the vaous
positions he had held from Attorney General OF this state 70
President the United States Tie offered the following
Re. ec1 That this Court has received with profound regret
the ceuce OF death OF Martin Van buren,. late fres'
dent OF the ued States aud that marx OF respect ior
his dinsuhed service. the State the nation, that
Er Collector ScLril and Mr. Van Cot, Of BrOokbn SEQ
ord.d the motion 10 a few appropriate remarks
Jodge CeIks interesting incidents az TO bis own
de Of Mr. Van bas S -. cos sas
DECISIONS.
Vincent Kenyon egt. Erastus Hedges.-Motion
Ne t. t ert e. a., ss Gerret. Smith, Linstey ScMo-
ton granted plaintiff have ~ days prepare amendments
SUPREME COuRn-GEysRAL TgRx-JrLY A-Beors
Justices SUTHERLAND, LEONARD, and WELLS.
THE CITY RAILROAD GRANTS DECLARED coSsrI'
rUTIoNAL.
The People, &c. The Trustees Sailors saug HsrboT ss
a. sgt. John Kerr ct al, and tbs Mayor &c,
Judge Leonard, at Special Term, granted An In
junction restraining defendants (who the alees Of the
,ure OF seO proceeding to build said road and also TO
s,rsnn. the Mayor &c. from granting the necessary pemt
sion An appeal tshsn to The General Iem and 'edse
els elaborate oPsion for the Coui Judge suhe
a coucurripg) the orter Of Judge Leonard -
Special Term ssd discharges the Injunction ieavngtse grant
.e position proceed with 'he road with tue assent o.
the Common Council unless stayed by further appeal to the
Court Of Appeals
The plaintiff. 10 this action sought to establish that me
srsnt for this rsrosd could not be consrned %
granting the use the except upon compensation 70
tho of the line Of roo,e and thss Zee
the act void for it's rspusnsuce to the Constu.
yua prohibition against the taxing Of private property f'r
The Court hold. that neither Of these objections vaHd
tsssn by he act the grant railroad through
certain streets Of the city that she fee 81 the streets ana
xrpt open forever the public and that hence the
properly taken is pl5l'c an no, priv,,e prop.r'y.
In regard b the question Of the right Of the Leeisaure
grant rsochi,e railroad in the city streets the Court
holds that the Legislature might con.titainsy nave pssed
law or the construction OF this railroad the expense Of The
by persons de.red win vehicles adapted
the improved changed dton of the streets subject 70
the of tolls OF either to the State OF he
CORPORATION of the City without tuch psymsnt unees
,ucb .sulations as the Common Council might pre-Eioe
Ii could nor be done by municipal rgisston because
would be . u the streets not contemplated oy inc
Cbstsr The Court ins be successfully
,.nsd that in an act snch purpose would be tndispsn
sabe validity that contained r,Nisios Tor we pay
me Sod. Of the streets any properly would b
taken IL would bs Tor public use.
Finally the Court hods that no scua sno sAeiuavs 80
tina, the laid down, but the grade OF toe ses
Ia not be ineed with the track OF he road does nov oc
com, the prop-ty of the gsntss all they get icenss OF
ibe,tv evocsbly may be- TO cousuct and opeAe ue
road enjoyed subject to III, rules and res istons n
Common Couc no prohibited from, passing over sne
along the track with teams and vehicles. the ssms ne
Track had been constructed or the sct nae Ees
passed SUBJECT only tire prior right OF the owpen Oh tns
ir.ucbise 10 use il With heir carriages or cara "
The rran-icr any property All " zoe ~
n. Unerly a
public ue without excluding ohsr persons from the former
s. of ,apr the which l. thus granted,
notnns more than the pive OF pacing and repassng
over and through the streets 10 question with species Of cSn-
veyance different from any which tae public generally enjoy
n doe. not give ASSUMING the streets
were private property for which the private swnsr could
ulsintliD clectments -, -.
Judge Leonard dissnts the conclusions Of tho Court
and holds h hr Special Te decision should De sustained.
on The ground that tho Cooperation h bebencia interest In
the snce uuuicp y AID the state paid os
the lands which laid out - streets.
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