New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-29
to object that the mode Of trsvel now different from that
which formerly in no

which formerly in uss
SO long rst, affected and interests 10 land
taken away plaintiff. would have hit to complain
the people adopt different node Of travel from that which
existed when they srst became tho trustees
such viz: to direct the mode in which the trust
sbs be Performed II such direction does not Interfere with
aud II 1, be conceded that the Of the lots
have no title to the fee OF the street aud that the Corporation
hold tn. fee only in Trust, keep tho open public
street to he used by the people, aud that the eanno, be
closed without the consent Of the people reason
Why the people may not direct the mode In which said street
anal be used by the public provided such direction does not
exclude from the OF it. and not invasion Of tho
right Of property Of the plaintiffs therein.
There 1. mode 10 which public rgh, be defined
and regulated except by tie egsture that body represents
their act. the acts Of the people Such Ia regard TO
the Of ne streets must be held valid, IL 1t be conceded
lot holders the streets or Of the corporation
city, a. the holders Of the fee o. the streets
OF the second District 10 BTooAyn Central Railroad Com
psny AIT The Brooklyn City Railroad Company 30 Barb 40
and in Brooklyn City Railroad Company sgt Coney ISLAND
j. says The Legislature po.sered the to confer this
pryee of building and using hore-rar I'd in the streets
OF the City Of Brooklyn. without tie OF the
OF the soil over which the streets laid out because snch
~, Of the street Is merely mode exercising tho public
hight Of travel and not appropriation OF the property Of
tho Of the land requiring compensation IN damages
without the Consent OF the city authorities the Les'S.ue
And in the case OF TIE People ss Kerr and Others in the
grantees from the Of damages or compensation
for the franchise granted h clearly within Tie scope Of siss
tin GHhorlt." Sutherland J.. coacuEei with Wells j.. in
HIS conc bat has stated the grounds which that
Concurrence was founded. He must however have con-
crrreI IN the views erpre,,ed power the sss
turc that judgment could not have been sustained.
wish in The disposion Of this case to express nv dissent
70 The Whole elias, II these decisions IN whht hs been held
that the city authorities the OF tho adjoining lots
street whch'oever may hold the ee Of the street
entitled to aon In damages for tho privilege
granted 10 railroad company 70 lay their ra IN public
street The rs become fixtures ad under the surface.
and occupy excuivey portion Of The land and for such
fnk the OF the lee l. entitled TO compensation aud
with Justice Leonard this point, expressed by
l.. ,I ItaaA. ,t..n ytYfA
am however censtrainod notwithstanding hs. enter
tain this view Of the question to yield my opinion to that Of
General Terms ia the First and Second Districts hieh
haye expressed coary opinons IL those deesons ere right
that tbs owners Of the o have no claim Tor damages Tor me
privileges granted mi road In public stress; then concur
the conclusion that the people being Es e' qHs trusts
prescribe the mode In which th. ft 20 the use Of the
streets s TO be eIerci,ed by Ac,s Of be LegslstuIe
The deposition on the part Of me Legislature thus TO ake
rich. Of the city and hs late OF decisions b.
the Courts tending to sustain such acts Q. mo Legsiue'
by their charters sdnonsh Of the prorety Of yield
ng those decison whatsoever ay be my opinion "a to tie
For these reason, Of the opinion that the motion Of
the plaintiffs for injunction should be denied end tie TEN
porsTy pjuuetou dissolved.
DEcIsIOss
Ebenozsr Iiil sst John A. Simpson =. a-moon granted
Daniel MeLarcn ct a. Ag John Kelly e, sMoton granted
on f bond securing judgment Of costs TO this date
Piues Dlekei act John b. hsnnin; L'pensrd stewart at
AieI. McCotteT o. si.-nOIons denied
Before Justice BARy,RD.
Abel MInard at. T. T. CLARK ct al-Judsnen. ordered
Before Justice CGEKKz.
John A. Lofing, Ae sst u. B. On.s PeTchs Co. ct Al
OIecT settled
GHSHRAL TKRs-Oc,. %.
ORDER IN TIRE TAX CASES
Judge Ingraham has made the following order in
the Of the Banh against tbs Tax Commission
ORDERED h.i the rele.r. inIns.h to i' Cog, At ths
November statement Of the amount u stocks boads
aud O.her securities OF the United sas owned and he'd by
them AZ the date - the statement submitted By IA, 10 the
Ilo.rd Of Commissioners q Tnre ssa Assessments Of the
Cry Cogny Of sewiofk showing wha, amount thereof
Issued under aud by virtue u TIE 49, Of Congress Of M
F.bfuny e6, and what hereof issued under
by Of previous acts Of Congress aid the date when
tncA stccAs bonds and other s9ed by tie
United Sisos uucsr sucl previous acis.