The New York herald., 1871-03-29

that thew rights u saia award should be regarded
o. vested rlsers II seems 20 me that that view
t.oh d four months IRON The oonarmatcn Of tne
report they are not entitled 70 Ash from ANYBODY
81 Inc four mouths. Il tAelf awards are noI PAID by
;ss. .s a,, ssss .s. MAJ = sSssd.S ga y ss
panaas pas 81 s o-. aSs sAd ,Ssu. 4 can sssy GAIN @
EeH .:ss I,s@ 'rss.d' rss o.ss':y ssssIa sss ssss
%s1s No %ers HSs issn @ eSs.s = relss =. y
iainei upon Il. Ias Learned eQanscl on the elner
Side seemed % depehd very mech oa we case q Ihs
People Va, The sapersisors o. w,siehcsteri bAt.
peaIed an aci authorizing the takins o. land ior the
purpose OF . road. Tncre notice h4a been actually
nss. s sssss 4 Sa s%s,s ss so
actually, taken the land on behalf ef the pubic.
When the time ior the PAYMENT o. awards had
the land itself had been taken, the right 10 payment
had become q vested right fhere is no analogy be-
that case the Court says:-sTne Legislature says 20
the owners, We viii take your land and pay yos Tor
IT,, tnsy may Shange ,ner intennoa before , the .ne
tract Is lar executed 10 he unrepealabe, as 20
those whose rights are affected" fhe act Of 1854.
thing 1t simply, a imports regulaics The practice
in tnese proceedings h allows an appeal from an OF.
in matter sim actually pending IN the court; for
even judgment Is not the end OF y suit lWeyman
VS.. Childs, Al n. u. Reports, i62), aud unti case
Is settled and finished by the payment of the Judg-
ment the Court has control OF the Much of
the argument OF counsel on the other iue has been
10 set aside order OF confirmation. There Is no
need TO discuss that without tho new power
on the subject nere the act OF isi expressly gives
tne Court the power 70 vacate the order,
aaa IN 1ae Eny caer
Your Honor ls asked Oy the counsel OF the gentle
men claiming awards to decide that
THAT ACT Is UNCONSTITUTIONAL
1t Is always difficult and delicate position for
Judge sitting at Special Term 10 be called on TO pro-
nounce that the act OF the Legislature OF the state Is
void. 1 40 not think that as yet anything has 0c-
Cured In this proceeding to warrant the counsel IN
asking from the Court any such exercise OF autho-
rlty. Unless commissioners now appointed by the
Court discover improperly in the awards assess
ments heretofore made, and find It their duty TO d.
clients OF my learned friend II such q contingency
arises 1t Is but right that these gentlemen should
relief may DO rendered 10 the Mayor. &C., by an In
crease OF the area OF assessment as provided ior ~
in the aldavits read to-day by parties other than
the Mayor, &c. TO lead to the suspicion tnat In these
wrong mas been done ca
will naturally come before the commissioners
II appointed There Is no need to discuss them
nOw ] will content myself, simply pressing on the
Court propositiOn-that we have shown ourselves,
by facts set forth In the aidayits ented to the
relief provided for by the statute and that it Is the
duty of the Court to grant it. AS to the constitu.
ti0naty OF the act had intended to say nothing 1
feel that all that need be said has been said by my
able associate, Mr. vanderpoel and now leave the
case in the hands Of the Court.
DECISION RESERVED.
And thus closed up the days speeches and coun.
ter-speecnes the protests and contemporaries, and
a1davits and counter-affldavs upon the subject OF
this Broadway widening. Though lasting nearly
five hours the crowd grew larger instead Of dimln.
ishng and the interest III the proceedings deepened
as the time advanced The Judge announced that
he would hear no further argument and took such
other papers bearing upon the case as c0unsea
wished TO submit reservlng his decision.