New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-11-14
RING JOBS IN COURT
THE BROADWAY WIDENING
POWER or THE LEGISLATURE TO rSrERpy,

COMMISSION. ""
The appeal from the order made by .ud,o
Cardnzo. April 3. 1874. yaCating and setting s-icc H.
der OF confirmation OF III" report Of the Cotami
Of Estimate and A-sc, -Ircnts Tor the viden,,o 49,.
STRENGTHENING of Br' adwar, and appointing rev e.
m- ,nrrs v a. argued In the General Term If ,h.e
prcIno Court. yesterday, before Justices Ipgrahan d.
nard, and Learned. The appeal Il brought undo the fol
lowing circumstances;
~ 1869 the Legislature authorized the wiicpip, IN,
raGhtcning al Lroadway. Under that act (oumhs
,Ioncrs of E.tHatc and Assessment we're a,p1intnG
Who the rh Of September, no nOiite Of The
completion OF their report ON the 18Th Of Drccmlcr
their amended report tcd making the a.scsArrrnt
property bcnchud = o623l Of winch >i.CS7sf9 was
as,Cascd the Central Park. beside 50 n3, zig
a--ro-eh the city directly, making a total OF
.G,lOJ.5I7. the report fn'y hl,d showed large dIGr,
cnor, from the report OF Scturr the most noticshi.
being that the award 10 the city cut down from
s;I9t To s4j; that tie award on property pnrChared by
james watson ia the mrIHi" hHd been increased from
$5blD To $lnn and that the whole Assessment The
Central PARK was new. Complaints were gcueraily
made 10 several pieces OF property hat the daTnagra
c>tirit"G and Tn" asse,mcns thus inrrcisd
finally made Dec. 2s 1870 No appeal was taken from
this Ordrr ndcr x ncrat charges OF fraud the IHssa
Counsel To apply tO the court in the matter and II u
should appear to the court that there any mistake
lrrgaiity oI nl".al act in any stag of the assessment
proceedings, OF that any Of the hts unfair
unjust Imcqulbl" it AUTHORIZED III" CONT to vacats
tuC other Commissioners. On March II the Cor
poratiOn Counsel made the application un1rr this act on
and the parc- injured by the changes made IN too
original report wrro no; informed of tue proposed Al
teralIOn-. The motion was then opposed, but WA
granted By Judge CdrdOzO, and the 3d OF april 1871
the order entered, setting aside tir report aud
GrIIn8 new commission
j. watts Dcpcystcr appealed from the order Of Judge
Car,lozo and this appeal argued yesterday. Mr.
Dopry>ter, through his counsel, cxJudgc EinOtt,
tended the order OF Dec. d, 1870 confirming tue
report OF the Commissioners OF Estimate and Assess
ment appointed under the act Of 1869. was the fua au
dcaiou and of the Supreme Court in the preis
mil l. haan
either at Special or General Term.-2 Herman. Io6 a
Howard 90 The statute declares the Ot
der Of the Supreme Court final and
elusive and no appeal lay from this Orde
to the General Term. 70 Howard Pr r.. 81; l6 Howard
Pr. r.. sc; % Howard Pr r., 2J6 % Howard Pr b. 49,
of Canalst. ri Herman, 4c6 and In King ast the
Mayor Sc y. Y 1872 til" subject OF the applicability OF
an order made ut special Term. confirming report Of
commissioners upon street opening are merely o6l1
d'1 and the decisions IN lhlr Court are against he aP
probability Of such order The act OF lH7l itself. IN
attempting to give right OF appeal from TINS ordcrn
legislative declaration that without such an enactment
40 -uCh right of appeal existed
whether any parties concerned had the right to appeal
not no appeal had been taken, and the order OF Dc
49, 1870 the order and determination OF the supreme
Court IN the PREMISES aud was made by statute hha ana
there had originally been right Of appeal. it had er
pred by lapse Of time the order wing been entcredY
tng party, and the period limited for taking an
appeal irom an order having expired But
whether ri kit Of appeal existed not and II 1t
had been taken. 1t strange prrverSOn Of legal pun-
cipcs and legal to hold tna determination of
tribunal of original Jurisdiction duly made and acqui
by all parties, is not the decision OF the matter
because there exists possible right to review it, Tho
statutes say that the decision order Of the Court shall
b. ua and conclusive That means the actual existing
decision comprtcntly made. II such decision lie
reviewed and = set aside on appeal Il no longer cXsl
II II Is affirmed. is the original determination, aud
uot the order affirming it, which Is d hna , ana
certain land taken for the purpose, should
become the properly 81 the f ia r.s5 G hy f Se puS
and held by the corporation in trust for such use should
be released third that the parties whose
land so taken for public use should receive tne
amount specified In each patcHiaT cas- anu UIr,e
lea scd from public use, should regain title TO such LAND
discharged from such usc, upon the payment ol certain
The order of confirmation, therefore, operated as
judgment or Judicial determination, condcmrnx certain
and awarding each party affected the right to the dam
ages h for an1 taken in 0ae case or s nsG
specified amount in the other such
n %Fa Or as to each party an Us
award made Depcyster was not complained OF, andh
shown alleged In any OF the papers or proceedings
to have been affected by any error. mis-
take, rregularlty or ILLEGAL act, or to have been
The Legislature passing the act of 1871 assumed to d
OF law. to set aside judgment IN favor OF party ana
grant hearing before different arbitrator NO
in this state on the CONTRARY II has been expressly ae
MED whenever claimed tBurch agt New3ury, 10 NJ.
3es. Bay agt Gage SO Barbour 4is, 45l Dash ast Van
Tho act of the Legislature of February a. 1871, under
it impairs the obligation of contract, and seeks to
divest the former owners and lessees Of property
cecdngs under IT, of their vested rights to the awards
which were made to them respectively. well as the
parties authorized to acquire title TO the land released
from public use OF their right to regain their lands
paving the sums specified IN the report: These right
thee parties and the city, made by these proceedings
Constitution eXecutOry agreements
The proceedings for opening streets have seyerastagS
First The street to be located and its limits DESIGNATED
no finn ~ fhp tV IN
resolve TO open the street Third the compcr Saton 70
the owners or any property required Tor the street
ally opened Under the former statues sg
pcet n to I ay .aSS out Of STREETS S shG Of @ after the
Commissioners Of Estimate and Assessment had 6 ,
OF the city had the right to postpone opening Of tho
street and Its actual appropriation to Puoc uss CON
period OF Is months. And the awards lot oauaSes e
seauent upon such actual appropriation we're not pay
able until four months after such aetua opening "0
But by this act the Commissioners were authorized ana
directed in their report TO designate me nns Ior mo Ge d
Strengthened under the Act of 1862 And mmrdhlaStH
after the expiration OF the time 80 desgna'eu,h ~
ngs on the line OF said Improvement rs sh"du The
removed and the street regulated ana graaGa. oS
Commissioners accordingly drSi,aNa wdg should
Se actually opened BY tho confirmation OF me report
fee Of the property SSaSGt 70 street became
actually opened and appropriated TO pubic use S Sc
taken possession OF by the cly IN tS ot anu the per
sons 10 whom awards were made acIuiTeu pcba.tsr
10 those awards-tHawkins agt Hl u Vi fS In re-
lat Wend 49, In re AnthOny-st, ~ "ehu' 0'V' ~ -
Caualst., II Wend., l54 -, ,,a,o.,ra couId
After these rights had vested the Legislat,u he law
nor snriye the parties Of them by repeal Oh TUG DE-
Harrington agt Commissioners OF BerSsnTe al
erng 26J People agt. supervisors OF % Snder t.
Rar al The act OF 1869 and the proceedings uue a..
w. report OF the CommissOners the nTslS Of the
strret nv its opening IA directed by the Comm.
on the day fixed by them constituted c0n,rs "mpecd
the law and the Constitution authorized ana iSs
the land owners TO make with the public ana Wn ~ ,he
ali other contracts is entitled to the Protest State OF
CONSTITUTION " tho United States ana OF Ie tion
New York 1t was contract by which ths Rc not
az the CITY OF ew-York, trustee Tor the Of
-. ILL nl.n for mn