The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-04
THE BROADWAY WIDENING.
Decision by Justice Cardezo Ap-
pointing New Commission.
ConstituHonality Of the Legislative Act Authoriz-
ing the Widening Of Upper Broadway
Frauds Under the Old Commission, and
How and By Whom Perpotrated-
New Commissioners Appointed.

The subject OF the widening OF Broadway above
ThIrty-iourth street Is such an Old one and
he details SO familiar to tho public, from
their frequent repetition In the HERALD,
that IL Is needless TO give an extended
recapitulatlon o: them After the awards ana as
easements made by the commissioners appointed
under the act OF the Legislature authorizing the
widening were made public the whole thing savored
SO strongly Of sob" thar efforts were at once
made to set them aside. Through the urgent protests
or leading property owners affected by these awards
and essments, and their alleging gross frauds in
making them, the last Legislature was induccd to
set aside the Old commission ana It's awards and
assessments. This lass act 1t Will also be remem
beled, authorized The appointment OF new COM
mission by judge Of the Supreme Court on appli-
cation Of the Corporation Counsel. Such application
was made 10 Judge Cardozo Meantime the hene-
1ciariea under the proclaimed schedule OF
awards and assessments-lhat Is, those alleged
to be In the jobbing "ring''-wcre strongly
and vehemcntly urgent That the awards ard
assessments Should be undisturbed. The sub
ject was discussed at length before Judge
Cardozo on last Tuesday, and both sides ably sup
ported by able counsel. The Judge listened patient
~ to their arguments, and yesterday rendered his
decision This decision s elaborated into very elab-
crate opinlon but In view OF the wide interest felt
of the opinion itself is worth giving entire 1t Will
be seen that while the Judge supports the constu-
tionalty OF the act he indicates tho frauds perpe
trated under It, and Winds up with appointing A. T.
Stewart, William II. Aston and James s. Hennessey-
tie last named gentleman being tue junior member
OF the former commissioners new commissioners.
The following is the
OPINION OF JUDGE CARDozo:-
The Of the act chapter 81 Of tho Laws Of
70 80 plain upon principle !, and %.Jos
ss 70 the
urged tho constitutional power Of the Legs
s Win
my judgment. vlndieate The action the Legislature
Tss s hest vs s he
mater when ss he ossn 800 =. ns o.
proceedings had been taken the widening sragien
on the ssa sn Of psasmbr @ an
y ri; Sou Special Term The report Of The
on ,so.. ' sSo me Opposition
70 The legally the S"mmissionef.' proceedins.
not then called to the attention OF the Court by
dhs. special proceeding within the meaning o. the
Il cSap rs act aHy % s. 0 az
!a. mah, u taken q ;hs aeaer. Term he
ses Ss;p ssssss u ,s G%ss as
sees and that appeal lies from the order OF the Special
Taas appeal eosd be TAKEN !. any time within hiry days
T. p
s tine aa s s ss
OF .ei was kndsea was alleged the
Sess p one l p pea 81 'ss
ion OF time, indeed, had bean set in motion BY
any Gao in.slesei desired that lie time within wa,ch
Isas = ssI
oo $s Re !ssh D s ssds
10 s Isi
s T Mn a Gss n Ii.
s se G S S sen 81 ' % ns
ARD sonc II. that which tho Supreme Court finally
FINAL when The act Of ISL passed. II might be made
81 asp s But neither Of those y
ec a Al tue .s s Sn' .
ture con7iuonsiy pass law altering the time for taking
aa asRi plain
as he s OF so Y discussion as a lA al os s
words II legislation as to remedy From the host OF
rssaiss are earey within the Control o. The Iese.are
and tia. Ia action rsspecng them not uncons;,ntiona
Vested rsss. vii cite x would Be- tedious to emu.
gwen aiken away sy the L.s.aias rreminsa.
them noweyer nay be shs sss asSssins Inn
ro% s act
public which
have n FL Of ane sa 70
sss sn Eeps:e,sr y snyss Is
AMI .T a. s.S essos
DEMO- ~ Butler vs. Palmer hi s24 Morse Y, Goola
brewster, b. 3. smith, G5l Halisrmrc vs. We,iover Ii
aa'Rssa 'lsa 80 sssie T.
s II so " sU s en
execution being levied upon property which at the time the
1hs p Appeals ned that eeai
mot u msa, the contract OF Affect any vested right
Ise EsaE q MoSi. 4 HOW r !: !: sup q; Rep.
nss S he hs auS 1 he q
that the statute was only remedial, and, therefore, unob
In Is barb, g. RIG, Syracuse Bank vs., Davs Justice
Of h as sa,ss a n %
cIed hold that acts valid which give remedies where
i su have sssa
he TIA. no right. are nsrfsrea
with watch vested in such within Inc
The 'vs
X sss ,aa ksSs spis s~
G .ppss ss S
only Ih. sis S On appeal By The Court
Wee: in esn Hes
VIEWS which wsr. oie IN which
to modify 40 long they no
s q or incest s.ea a sn
eo wss nso huge fyng ns oPn,on tia.
constitutions very recent similar will be found
vE. " bei (in 70 Courandt ralmer. After appeal
from the Supreme Court to the Court Appeals
from an orisr arimng an order setting aside
TIE :, stty, OF fNew York, pm,uan, 70 chapter
by act rasscd May ~ lbb by which provided that
mo appeal TO the Court OF Appeals shall be had heard
hereafter" from any order judgment proceeding
under the act OF 1853 Upon motion tho Appeals
dnnissei the appeal saying thai the amendment zap
bcabe 10 pending appeals ana not
In these cases Instead q altering or giving new differ
ept remedy the Legislature took thus
tie party appealing OF the right 10 review the But
Within the authority OF the Legislature, beosuss the
principle ID fully settled that there IL ri.ht
remedy.
In Springfield &C., rs Hamndsn GO Pick Mass Rep, 6os
Chief Justice Parker said There ~ such thing
vested right 70 particular remedy The Legislature may al
waya alter the form OF admDstern right and
msy transfer jurisdiction from one tribunal 80 an
monweslth @ Cusp, Mass. Rep. s7Y Chief Jus
ucc straw held law to he constitutional which
provided that upon writ OF oil error In the
sentence In criminal tho Supreme Court might rendc
snld :--nfn nresent csae ihs a.n.,e