The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-08-03
RIVERSIDE PARK.
Report Of the Commissioners Confirmed by the
Supreme Court, General Term-Power and
Rights Of Citizen on His Estate-Im-
munities Of a Railroad Corporation.


The lengthy legal controversy on the subject OF
the Riverside Park has, without doubt, been
brought to final determination. At a special
meeting yesterday morning OF the Supreme Court,
General Term, Judges Leonard and Pratt on the
bench, the report OF the disappointed Commits
sioners was confirmed. 1t was intimated
shat there would be an appeal from this
decision, but this was believed to be
more pro Jo'ma than anything else This park, as
win be remembered, is to extend from Seventy
second to 10th street, having It's western
boundary on the Hudson River and its eastern
boundary wavy line vacillating between Twelfth
and Eleventh avenues. The assessments for the
Improvement are about &c. 900, the same as
usual, being counterbaanced by the awards and
expenses. All the property owners could not be
pleased, and by some the clamorous cry was
raised Of excessive assessments and by Others OF
insufficient awards. On the part Of some very Bit
ter hostility was evinced to the confirmation Of
the report. The matter progressed through the
various courts till 1t reached the Supreme Court,
General Term. On the ESD Of last month before the
latter Court. Judge Barrett, in addition to the
Judges named above also sitting on this bench, de-
hvered the following written opinion
DECISION OF THE COURT
OF 81 sd we'll be The
a dr IN s 81 na s aS
iermeE Commissioner Of Estimate and Assessment a
asS d er
duties but Ipholdng ihe regularity constituonaly and
SS
% for
A PUBLIC USE,
Se taken for public use and the u therefor to
anHfs
st a.
s sf p
squares The Power to lay out new parks &C. was given
sss ssysss
less taken for public use in
and this RICH. the D' dus e. cSa. to maintain Ills
sSs oe by e 81 % R
NJ sS
law whether Ihs diTesion found in the State
Gne% taes The Protection amendment can be
nyCseS d. only when hs right S the citizen has in
.nissd the fundamental law Of the State. Any other
The al
S n The Of Ss S Se
parks 40 has been largely conded by law the
S ss
Affecting the subject more wisely than has been done by
the said commissioners We fnd no ground for holding
matter SssS Fourth
ton the lands Of the new park are not all contiguous
saes Is there o are III, Err M ocf and not
s Ssn %e and a aeTs i
land o TAKEN Of dIsfsht Values ptSsd d
founded There Is nothing in the requiring all the
@ &c feR
sTe the an the
T.. , sau1ttzI LIZ, &c OF THE 4ssEssmENT ..,
Sy is New SSri nc
mated b The has estimate
% ss "a @ Tns sa
ory to me % s1G
to s The ana land 10 @ss
Rs
ssi
and later demand for the land T
70 take the p
yoton to public use cannot be implied The continued
sno oa pubic the
Justify the taking land proceeding and
no @ lay ~ hs sret c s
s Of Be S e Ss Of
sssssssSfy q the yaIITSad .. the sTcs;inss:
S track s Franchise y
Ss
10 the state 70 alter repeal the act by which the
snsu company Is incorporated. We think the Commits
ssoers o. Estimate and Assessments properly regarded
h land OF said company within tho designated limits OF
o. ~ anu not requiring any estimate for damages In
70 ne commission TO the land OF the said
io dement, Is only 10 observe that
VII ianu Tan De used for purpose except that of
ana hence that tho land itself not bcneitted
OF ra'ner 'ne osnent Will not apply 10 the
70 w en 1' ~ ~ The Owner &c, The Mayor &c)
ceedings nad, under the direction of the former
commissioners OF Estimate and MT whose report
on appeal 10 ine General Term set aside and ti5
matter committed TO new Commissioners appointed nv
the General TERM ought not to be included the
report now assessed upon F'''
THE PROPERTY BENErrrxp
by the proposed improvement 1t appears that the new
board Of Commissioners adopted large part OF the work
OF the former board and that the labors OF tho new
Board were chiefly required in making Computation Of
the ssncnts for benefits and estimates OF Damages
on different valuation OF the lands Affected The other
costs and expenses for work. &c including the DIS ana
Surveys found TO be correct and useful properly
t Of that Of the former one taken at certain point
different values being adopted The objections behalf
OF MI george Peck appear to be founded mistake
~ to the facts The report Is confirmed.
Judges Sarret ana Frat concurred In this opinion.
THREATENING AN APPEAL.
On the rendition OF the decision of the Court, as |
given above, the settlement OF the order followed.
One Of the counAsl said he wished this attended to
at once 30 as to afAow prompt notice OF an appeal |
from the decsl0n rendered t0 the Court or Ap- |
Deala