, 1869-08-29

p,eatt0n to The Legislature, bn, b ~ application
tho rights ottha p4sttes can ha Adildtcatad
Gaa ssss { Z psea ss e sssss9 q e
equity 70 pfcstut taeAd acts from beng doan
III sh:ea The railroad companies seet 70 90 under
:. Fl: question @ seoas = :.e.sa g tasEe nv T.;
and y soE'e d1tdcalty: No Adjudication na4 been
feisfrnd e. on eltaer SIDE, where ttte quesdou hss
ease n 7T New York. ALREADY sefss1e u, Tho pub
hc1 together With tic uvner Of tne lots ahasttng
ses rss sSs bsea e ana sa,9
YORK, ttported n II Pal0e, xnefs tna owner Of
cty q Eew Yoff, to whicn tho municipality -
sented. 4nd u relation to which tney made 3 con-
ennd Eo1 IT. r. nso ~ hed "a. the % oxnsF
tract. There does not seem, M nsre said, to be
any adjudication beartuS directly upon the q1ts-
It and not yet entirely free from doubt n scla
tion 70 II, stll looking at T npou principle the
i5e sso ;hs ssatst
court Of equity 10 cfecsnate tho condition Of the
Cnder the ctrcuns,anees detailed these ratrosd
companies, Defendants, threaten 10 block up land
thus dedicated IN thA particular way to pabtic
US. The btu alleges, and tho allegation mus: II
BY Implication 1t Is true, on the pazt Of the gur-
eminent, to these various persons 10 who Il the
property was solt. that TIE 'aud saoald thas re-
ua1n dettlc1ted In the particular Way designated,
and IN point Of TACT there can be no doubt Of tac
ua,ect and intent Of all the ps1fes ID this trals-
- ;1s ?, as
fosrTtt fftc from buildings, So that there could
thus he N outlook upoa the lafc- It Sas dei!-
hut this never vns to be the parpos-; tu'lNnss
never Wefc TO be conatEursei there
cndcr these circumstances, upon principle. has
this dedication aud to The conditions n1naxed TO
u. Inc s!eht 10 afpeai 10 coaF: ct equity to Gu
foset The purpose! II seems 10 nc thai he has.
II u tue that alus1Gn has been made, an,t such
1Iccts:2ud TO be tic fact, that htl! hls been
tiled hy the owner OF lot Abuttir. u14Ja th!a
ground. With the rier that hare raken q. the
law OF the case, 1t will X teen teat DO not t!oabs
the r'Sht Ct such owner 70 527lJ to court O:
equity 10 procure zach = d,verston as Is ronte1a-
And suppose It IS not very material In witch
casa The order OF TIC co1H IL m1sc, whether IN
this or IA the other. thlnk II. however. mat
Ter OF tho very highest importance tn1k where
tights SD motnentous arc involved. and where the
consequence OF pcEm:taac there te!e1h1uta 10
proceed ard construct buildings might Affect sc-
owners, 1t should be ultimately Determined tha.
thus statute Of tho legislature IS not IA CONFORMITY
should he raahe now o. the threshold before mr.
buildings art cnps.r1cteti-
!: Is :1ue that wnc,c there Il donht AZ TO the
right for TIC Injunction, that court Of equity
ducs not grant l. But where tue Court has no
doubt of the right TO the iutanetton md tho qucs-
ar tSs pu9s Il seps osn3
In ttt absence Of nuthur7y, and with the hest cpa-
sstlersfinn that have ttCn nle to give the sub
icc', th1ak that the En!ci States having fA.s in
doue.
In Going this l. Is cot necessary to uccto whct-
or thts act Of the LrSslatarr causes tho nsupcfty
to revert 10 tho original owner, or whether Il still,
remains subject to the lights Of The pthc aud tho
tct Itself Ia alone Illegal. The Supreme toHrt, In
what Ia called the 11ttahusxh case, REPORTED in q
fricrs s6-. tcetEs 10 think that where there wa4
diversion Of tho land from the original purpose Of
| the ac1eat:nu, that thc lan1 wuu!l still Fcuala
ratecs II The original coa,i1iion mil purpose anil
That the attempt al i!sersiou would simply be H..
| cfcctrnL
Again, must confess that I have NOT been I'M.
! Influenced, perhaps, b! the KIND Of legislation
| which has bcen adopted In shta case. 10 these
Earoaa conlruules want lan! fOr the CONSTRUCTION
ef thc!r tlu!ld!ngs+ There isa way In whtc1 they
ran aprly under the law, to the courts, fur The
condemnation Of that lanL Whether 1t IA tos a
public purpose, whsther they can thus make the
! application, ID n judicial question. AZ unl.tr.
| ttan,l. the Legislature cnnIoe, bJ ulcrr enact
intn1. tnkc l1ni from private o*ner and give II
| tuh r0froration. cych for public PURPOSE, II
Elist prtCtesi IL ronfortnitJ with law, and Il ep
pennat1on Il !u le Rsru, the ar,luAnt Is to H. l
chilly nsre1a,nr alii llot Determined In alyaucs
| tf mere wor,i In A statute.
| =fhH III uIlncttbn will hr rrnntr,i.