New-York tribune., 1867-06-11

tity Of whisky from dislery to place other than
bonded warehouse. without its being inspected and
from and to which the whisky was I'm process of removal
did not transpre. The defendant was committed in de
fault of $1,000 bail to appear for On examination ON Fri
day next
| - -
| SUPREME COURT-GENERAL TERM--JUNE l0.-Before
Justices LEoNARD, CLEEKE. and MILLER
| THE CHURCH-ST. EXTENsION-$2J coo or ASSESS
MENTs-12,O09 PEOPLE AND 1900 LOTS ASSESSED
THE CTYs PROPORTION S5S7,OOO-A HOST OF
in re the Extension OF Church-s,
This was motion TO confirm the report of the Com
mssioners OF Estimate and Assessment in the matter OF
the extension of Churcht At the opening OF the Court
Judge Barnard was the bench. Tie Court commenced
enton Of the Court to the fact That this day had been
set down for this motion and 10 the array OF counsel who
appeared in the matter arguing that it difficult
arrange many counsel and that his associate, Mr.
Fullerton had put of case expressly for tins mo,
that It was impossible for him TO act his
fatber-nlaw interested in the matter, stated that
they would be glad to accommodate the parties II they
could organize court This having been finally done by
Judge Milers taking the place of Mr. Justice Barnard.
Mr. OGorman made the formal motion that the report be
confirmed Mt BOnncy for the ODecOrs objected that
the taxation OF costs had not yet been settled bill OF
costs published III The TRIBUNE week ago. amounting
TO $50 600 of whose settlement before the Clerk they had
not learned till late Saturday and from which they
had appealed AT once so soon as they knew OF TO the
Special Term Itwasnecossary that this should be settled
before the order for confirmation could be granted. IL
assessed aud their could not be fixed til that
settled Mr. OGorman stated that the taxation OF
costs had been set down for Saturday morning. AT
that time a large number OF counsel had appeared
| and been heard. The CLERK adjourned tine mattcl
till 2 p. m, at which time appearing, he
had taxed the costs The only question was
whether too much had been charged further adjourn
Of these proceedings would give opportunity for
a continuance Of that warfare which had been conducted
political warfare urged against tins Improvement.
Every engine for tho manuacture oi the thhg cailed
public opinion from leading article to gutter snipe.
had beon brought into requisition against IT, He ap-
peared for the Mayor Aldermen ana Cominohalty OF the
CITY Of Who two years ago. resolved that TINS
argue the matter in Legitimate way and as soon as pos
sible. lie was willing 10 have order taken pro forma
at the Special Term for a relaxation OF costs
Tho question OF could In argued the time.
He objected to delay because Lie dstrused the purpose
ExJudgc nney surprised at the charge OF negli-
gence put upon him. The Clerk had announced that he
would render decision at O'Clock. He sent Clerk
there at that time, and learned that be had taxed the
this taxation should be sent to competent referee
TO examine and report upon It,
bic delay The Court knew references always
slow. He proposed taking confirmation OF the taxation
pro forma from the Special Term and arguing the whole
Mr. Justice Leonardo think the offer Mr. o'Gorman
has made fair You desire To have the question
OF costs discussed here with other questions
Mr BonneyThen will your Honor hear witnesses here
as to the amount of these items.
The Cour-No; and that not be done al the Special
Term both The Special Term and TINS Court are III thls
MIR O'G6rman-Wii the counsel allow TO correct
him in the matter This bill OF costs was ON ME FOR IA
days In the County Clerks Oicc and could have been
Mr. Bonndy-I have seen the bin and the items OF the
h have not seen heard the evidence tosuppo these
items IL has been the practice these matters for the
Special Term to the taxation OF costs This course
was followed in the Central Park aud IN the Canal and
MI Fniieron-I was in both those cases. and in neither
OF them did that practice prevail
The Court-Thcle is nothing in the idea that the ques
On Of taxation OF costs cannot he argued after that OF
the confirmation We can II we fnd 1t proper reserve
Mr. Anderson-Tho decisions arc the other way. and
the that unt the taxation of costs the amount
To be- divided among the assessed cannot De nked Inc
prcccdens reference Of the matter were abundant
in the Walker St case thcTe were TWO references
The Court decided to go on
Court sitting Mt General Term had no jurisdiction The
statute Of 1913 conferred this Jurisdiction on the Supreme
Court. .
Mr. Justice Leonard-We were Of the impression that
we were the Supreme Court.
hlr Traey-By the code however the Special Term Is
now TO hear all non-enumorated motions. Section 400
of the Code abroges such laws as are IN conflict with H.
Supreme Court establish rules. Those rules have set
tied the hearing nOnenumcrated motions for the spe-
Nh Justice CIerke-Your point Is then that this Court
has mere appellate Jurisdiction II So you are wrong
Nh Tracty-It amounts I'm substance 10 that IL Is that
the Court Of particular district have power 10 Set
aside the rule Of the General Convention OF Judges III the
Mr. Justice Clerk-I think have the constitutional
right independent Of the statute
mssionors have acquired Jurisdiction IN this case
That they have conducted themselves as to ente
them 10 make any ssment against any one On the
authority ths Controller also object Oh behalf ot he
Mayor Aldermen and Commonaty.
MIR tJ'GOrman-I believe am here rs the only author
lied representative for the Mayor aud COmnonay OF the
Citv of York, and for such an extraordinary caln
must ask the counsel's authority.
Mr. Bonney-I object, first that THIS report Is MADE
without ursctiona authority, but first Will state the
purpose this report 1t 70 open street eighty eet
wide from the south SIDE oi tuton,sL 70 tne ho'h u so @
OF Morrsst The length OF the proposed opening Is less
than 800 feet Two OF the Commissioners for TINS eNten
sion propose to property holders not quite
sS They have marked this assessment an
extraordinary aYea-thc greater part OF te clty Deow
Fonreenth-st: its boundaries commencing AT the bat
tcTy running thence along the North River TO Canast
along Canal TO Hudson up HudsOn-st 10 fOuIteenthst
along Fourteenth 81 to Fourthaye To tne bowery, 10
Jamess TO the East River, and thence along the river
10 the point of beginning. The number OF persons
assessed 1900 the number of lots over IWo
I'm ths extraordinary assessment but two out OF the
three Commissioners appointed nad acted ihs ne %
show by aidayits. Mr. Bonney then READ MS Own nm
dayit TO show shat repeated visits TO their oice ne
had rarely more than one never more t, bt ~
the Commissioners and the affidavit OF MI hasins t,s &
he had ONLY attended preliminary meetings anu hau
never attended at or notified OF the SUBSEQUENT
tices was unauthorized, and reiterated ms sSteinens
made in conmuncatlon & puPsea tc reaort ri AD
Mr. Bonney argued that this absence OF ar hdshini
% IRON m be nroyiIlon Of The Constitution which requires
fiat when property is taken for pubic usSs IL sa DO
assessed by Jury or BY tie CommssiSHSis uuiy w
Mr. Bonney then took mp the claims OF private persons
He claimed that Mr. Fello Tor 9t On DnaorSd how
ever that the Commission had increased the DIV
nS HnSe iU camed ncreas f He further that he
personally living on tee south hlae :, "a nd <ss as
more than miles # the street opened anu
ss such an al ga assessment was unheard Of
and, behalf Of him ,ef and others ahiHry S''uAu'
Mr. Bonney further fstated that he appeared on behalf
OF the city. and proc keded TO read leter ro ie Son
troller Mr. O'Cor nan objected that ne appearing on
behaf of the city st proo against the reading OF mo
MI Bonne after reading tne aeu o. Or aS the
authorizes the CO fitroer 10 employ counsel Ieau slo
letter retaining mn. The assessments on tne v c
jefferson Mar set $4,000 on oet1rs MarSe $40
600 ON Washu fgton-square 100000 on tne 0ey IA ia az
Park $4,000 some other pieces apouS T that
this assessmC t 0f 100000 included the BatteryJ
Stunning the to be an error tee WSs COR
rect 1t was 1881 ,00O., - .o..oa boa mot oh