The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-11-10
SUPREME covRT-cRAMHEas.
The Quarantine Commission.

The quarantine Commission
BEFORE Judge Sutherland.
N re the Applic0ttOn OF the Commissioners of
Quarantine to appoint Commissioners or Estimate,
Gc.-This was q motion by the Commissioners Of
Quarantine for the appointment by the Court of
commission to estimate and appraise the value OF
property located at or in fact, comprising the west
erly end Of Coney Island taken under act OF the
Legislature authorizing commissioners to take
ground, upon which to be constructed residences
for the Health OHicer OF the port OF New York and
to have been enormously inserted in the Supply b
instead OF being separate and wholly distinct act,
Gravesend. together with the Individual owners Of
the property, opposed the appointment OF Commits
on n .ns the aG se ~, was
sioners, under the act In selecting the site were
motion, claimed IN his argument that the act was
unconstitutional, directing the land to be taken, in
Sought Sas such ap
Precipitation OF the territory was not applying It to
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private Individuals against their protest and wish
Tor private endowment or use also that the act pro
vides no adequate means OF obtaining compensation
for the land by the holders and owners thereof,
$25 being the amount appropriated by the bill for
buildings Instead Of fairly selecting site for the
RESIDENCE of Or. swinburne and some ten or dozen
about forty-6ye acres Of land emfsoing the entire
west end Of Coney Island and ! ali the water
front capable OF being used for steamboat piers
or landing places, thus completely cutting Off
the remainder OF the island from communication by
water with the city Of New York, Brooklyn and In
fact any and every other place. This would COM
pletey deprive the public OF to 1t ny water
place OF public resort ana very materially depre-
cae the value OF property every other part OF the
island. Had the Commissioners desired merely q
proper site for residence for the Health Ofcer and
his employees there would have been no difficulty in
selecting such site, without taking more than an
acre OF ground and small water front, II they
needed any, This would have left the island still
accessible to the public as bathing place, and not
have materially injured the remaining property.
But the ground now proposed to be taken embraced
forty-ive acres at high water mark and upwards OF
$500 feet OF water 'front.' This was more than was
needed apart from its detrimental effect to the
island generally and the real purpose In acquiring
so large tract Of territory was hidden and Interior
one.
Mr.. johnson appeared on behalf Of the Commits
sioners Of Quarantine and argued that the act was
not unconstitutional as the subject OF the bill was
one OF general interest and concern instead OF being
local. The use to which the property was to be ap
piled also was essentially, under the act creating the
Board OF Quarantine Commissioners, public one.
The act provided for the requirement and possession
OF sites for hospitals, boarding stations sorehouses
and "residencesr for the employees or the depart
nent &c., and II could not be claimed that the pro-
vding OF doncilcs for employees IN the public service
who were necessarily remote from the city was an
appropriation for private rse. The Court at the
close OF the argument reserved its decision.