New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-08-03
THE RIVERSIDE PARK.
CONFIRMATION OF THE COMMISSIONERS REPORT
THE RIGHTS OF PROPERTY-OWNERs AND a
RAILROAD COMPANY,

| CONFIRMATION OF THE COMMISSIONERS REPORT
| THE RIGHTS OF PROPERIY-OWNERS AND A
RAILROAD COMPANY.
The report of the Commissioners of Esti-
mate and Assessment in the matter Of the Riverside
Park was confirmed yesterday in the General Term of
/ the Supreme Court. The following is the opinion Of
| Judge Leonard
Many OF the questions urged might well he held
have been settled by prior General Term when the
proceedings IN this matter brought there by appeal
from order OF the Special Term confirming the report
OF former Commissioners OF Estimate and Assessment.
That report was then set aside new Commissioners were
appointed and directions given In respect 20 their duties
but upholding the regularity and constitutional validity
made TO the objections founded constitutional
reasons. The courts of the State have repeatedly held
that land taken IN city Tor public parks and squares by
authority of law, whether advantageous To the public
for recreation, health, business public use, and
mere apIes no ieason ior uOuDt on the SUBJECT The
Constitution OF this state authorizes property 10 be
taken for public use and the compensation therefor
be ascertaned by jury or by not less than three
mlssOners appointed 10y court OF recOrd-(COusitu-
tOn, article i, section ~ These conditions appear to
have been observed IL Is not the province of this Court
TO determine in opposition 10 the authority granted
Of the Central Park as to the necessity for
| laying out new parks or squares. The power
the said Commissioners, and they have exercised it, as
they authorized to do Tho citizen is entitled TO
use IN due form OF law and this right IL is the duty OF
the Court TO maintain. His land be taken only by
"due process OF law" But when the re0urcd
by the Constitution Of this State TO be observed for the
protection OF the rights Of the citizen, have been
whether the dreation bo found IN ih st, 9%
sttu0n in the Fifteenth Amendment TO that OF tho
United states. The protection Of that amendment can
be invoked only when the right Of the citizen has been
invaded by disregard Of the due process of law as
guaranteed by the fundamental law Of the State. Any
draw TO the OF the General Government ali pro
eeedngs 10 acquire property for the public result
not contemplated, think, by its trainers. The extent
OF the new parks, Be- has been largely conded by law
to the discretion OF the Commissioners OF the Central
Park aud the assessment 10 the Commissioners
we could exercise discretion affecting the suffice
wisely than has been donB by the said commissioners
We lind no ground for holding that their discretion has
been unIeasonably exercised held in the matter
OF he f0urth-aye Wind r., 452, and In other cases.
1t is also urged objection that the lands of the
new park are not all contguousthat IS there are inter-
Nening blocks and spaces not taken. IL Is said that
10y TINS plan there are four parks laid under this one
proceeding tand that there is but assessment OF
damages, while the different pieces OF land so taken
are OF different values, affected different degrees
and must be accordingly assessed for benefit
Inc claim that there four parks not well founded
Ihere IL nothing IN the act requiring all the land wi thin
the external boundaries TO be TAKEN or included within
o NV pdik Ihe intervening spaces not taken in this
proceeding are not large 10 interfere with the in
tsgy OF continuity OF the place, the eQuazing II
,ne assessments IL Is also objected that the Commits
soners have not taken the land occupied by
the New-fork Central and Hudson River Railroad Com
pny or lts track ii Is embraced within the limits OF
.ne new park as designated by the Cen
or ora assessment Commissioner si but no estimate
posed Tor benefit by the Commissioners whose report
Is now under consideration Tie land OF said Com
reyyoad ,, many years ago Tor public use as
rtIOau ny authority Of law. The authority so 10 use
nus hot Dccn repealed, ana di-
reeton has been enacted TO take the land for derent
Puiposs OF paDe use ItIequres an express manifesto
uobI u, els Oh tue VIII OF the Legislature that the
prior devotion Of the land TO the use of the nuic NV
private corporation Tor ito railroad shall abandoned
or that another and later demand OF the land for the
pnOc use shall snpercede the former use In order 10
JUSTIFY the change The power 30 TO take the land
aiief prior devotion 70 public cannot be implied
The continued use OF the railroad not so
with the authority To lay out public park embracing
part Of the line of railroad track IA 10 Justify Inc
taking OF the land In this proceeding and stopping s
use ny the railway company. Tue public authority may
la mt ~ luy Ia
OF railway. but the use u street highway must
w subordinate " the ordinary and necessary use VI the