New-York tribune., 1871-04-22
THE COURTS.
THE BROOKLYN CONTESTED STREET ASSESSMENT
-s20OOOOO INVOLVED

THE BROOKLYN CONTESTED STREET ASSESSMENT
-s2,ooo.Ooo INVOLVED.
At a Special Term Of the Kings County Su-
Court, Judge Gilbert heard arguments yesterday
on the motion for perpetual injunction restraining the
City OF Brooklyn from collecting the for tie
Improvement OF the following thoroughfares
Smiths Ncolson pavement Fnpaee Nicoson sehermerhornst
Sehnshawi Fort OR Eooson Henrys scrmha~
Coumbas, Belgian CTnonst Nicoson FusonaVe Gad pave
Corporation Counsel Dewitt, Winchester Briton. and
Tracey Judge Emot, Mr.. Choate for the property
owners
The argument was opened by District Attorney Tracey
who moved 10 make the ipjunctons mt present issued.
permanent his principal points In favor Of the motion
The assessment es, void The action Board
s"s Sg s s. Of q 5 % % a. n 5 . p 5 sa s.S S 1
oI repealed BY the act Of 1859 The only poose Of the
@ ' sserm:n. 5 % to tn. P SSse " ssT. ,eS sRs.s y Of % %
% % GsI" s On m r S 20 H vs.. act te % @ % S,S % se
But X hs e. act Of @ P a9 @ common va. D''S ce ' S % y
Brooklyn by any Of the officers Of said ey ren
chs~s provided Hd to regulate & and sr1ds or 3 to ss
signed BY majority % Of persons owing the land hs ae nat ID on @ e oG oe
There repugnany between the Of the ar, Of 1859
mSng n, s & Re % e s'sS & e g 1"1 p % S I M e'
visions the act Of 1852 which prohibit the Common Council
street without the petition Of the majority Of the
The act q the Commissioner, Illegal ,h
section the act Of 1859 repealed By the act Of 1870 sw 1870
.ti.s, I,i'Sah an. gr9ydng The s@ss sSd
void all proo ,en and that The parties in whose favor damages
bad been eoui not recover the compensation reported hdr
M B I ~ I 1 gS IF @ the ,s g Sh % " % BsS SSi a S D,
Jurisdiction those which be kept poved By the Rail
road tompny II va. o2 nidd to provide ioI those streets seh
paid the property and be-
pavement therefor But here the Com
pavement and the use Of the ty and
The The % ns s S2IBs Board
Corporation Counsel Dewitt replied in a long argr-
ment, the principal points being: .,,....,
meate b such Improvements constitute most equitable
Bs are 10 he scanned b. few deeply interested their b
Of the elements of eoucaon incident Ten I
places alongside the burden Of the citizen the labor and improvement
said that these streets having leen once opened grsde s.a s
paved BY the city and tins rendered subject to public travel we & & @
accepted and come into possession OF the sane as 70 nasI DC
bent the city to make all subsequent pavmn' or repairs al "
Agh: ssd there existed betwes the contractor who fa ne
work on s:' stree, a. an s S,deas s the %os
fauaent understanding with some individual oeea or o f
the hroush which the city seeks % be repaid it, adyqnes
II the doctrine upon which bs objection rsaesa T. 10 70 pg i
Objects Of the cy git financial operations unou ia the
The provision Of the 1859 requiring the BOsi 70 advertise @
proposals in cases Of payTeni does no. ,oa 70 h T' VI @
be for jhe best interts, Of the public. ..- .,
Il any Acknowledged head equity jursicion i no
within any powers Of Court Of Equity interfere BY injunction
S 5y H%e hH S 5STers however fault ,h
sac6 govermsn Subordinate tribunal or urshson w'h which
Under any principle however Injunction pead"e ~ will not lie IN
the bar
Two or bringing these actions Their r
common hut seyerGt There prWy between
these actions Of the Of the old action for peace ard
rpse. . -, a - .... .L.,,io, =.
The inuncons brosd hold One cannot champion
whole community he undertake to control By Injunction tie oe
ratIons OF n branch Of the city government , -.
The Cy of Brookyn sn1ous is financial obgaions
specuy b. e this particular to tie enjoyment Of mum
oyereut by and ned iree,
issued at seish and yeIaOus uug nts which instead o.
completing equity me the credit Of the city and block the wheels oil
its government
Arguments followed from Judge Emott and Mr.
Choate Judge Gilbert reserved his decision. The
amount assessments involved in these cases is over
81 10000.