The New York herald., 1872-07-24
Report Of the Commissioners Of Esti-
e. -<--@4
-ss' mate and Assessment.
Argument as to Its Confirmation Before the
Supreme Court, General Term.
A Thorough Legal Ventilation
Of the Whole Subject.
Curious Facts and Figures Upon
: Awards and Assessments. 4

came up yesterday morning for further legal ven-
tilation before Judges Leonard. Barrett and Pratt
holding General Term OF the Supreme Court. In
view Of the oft repeated history OF the case 1t Is
unnecessary to 60 into specific details. Inc main
Doints are that In 1867 the Commissioners OF the
Central Park were authorized to lay out this park
70 which, on account OF its ~ ,.,er- sSea-
BORDERING ON THE HUDSON RIVER, ~
was given the name Riverside Park. II begins
at Seventy-second street and extends to lSoth
street, its western boundary, already stated be-
1ng on the Hudson River, and its eastern boundary
a wavy line vacillating about midway between
Twelfth and Eleventh avenues. Commissioners OF
estimate ana assessment were duly appointed to
Law out the park, which they did, and made their
report bat the latter, appeal from the order OF
The Special Term confirming It, was set aside
by the General Term, and new commissioners
appointed. This second commission entered upon
their duties and having recently completed their
report, the case came up yesterday on motlon 10
confirm this report By this latter report the assess
ments are $6,17l,0OO and the awards S5,sso,62s,
with expenses rolling up an aggregate OF $2Ao.ooo
There was large attendance in the Court made
mp principally OF owners Of the property assessed
and their respective retinues Of counsel.
ARGUMENT OF COUNSEL.
Mr.. Devin opened the argument in opposition to
confirming the report His FIRST point was that the
proceedings were irregular a6 anitiO. and second
that the proceedings were void for want OF jurisdc-
tion. He insisted that the act Of 1867 which gave
the Commissioners Of the Central Park power to
lay out and establish streets, avenues aud public
squares or places,
WAS UNCONSTITUTIONAL AND VOID,
and Of course all action under 1t OF no validity
or eject. He further urges that the Legis-
lature cannot constitutonally delegate the
in, ala
and unmistakab!e cases; that the property
to be condemned is necessarily to be applied to
public use, ss In case of streets and highways,
which are from their very nature to he applied
TO public use and an absolute necessity for the
public; or unless 1t makes the positive declaration
that the property when taken shall be deemed TO
be taken for public use; and this declaration must
have strong inherent presumptiye evidence Of
truth, from the nature OF the improvement, AS In
the case Of railroads and canals. statute aUth0r-
axing the appointment Of commissioners to acquire
title to the lands Of for a residence for B, pri-
yate citizen, and declaring that the land wnen
taken should he deemed taken for public
use, would be void, though ample
pensation were made to A, because it would
clearly appear that the whole proceeding would
result In taking private property for private pnr-
poses A general delegation of this highest of all
rights-the right to take mans property against
his will and In spite OF his opposition--cannot he
upheld in cases OF doubt uncertainty. In these
cases the Legislature must directly exercise this
great power. The OF assessment from Forty
second to 155th street, he claimed, was too ex-
tended and that the benefit for which an assessment
Is laid must be Substantial, certain and capable
Of being realized within convenient and reason
able time" Eparging on this at length, he in
sisted that the report of the commissioners bears
upon its face evidence that they have not per-
aa R,~fp- ff,Yls y =
one OF the most important OF these duties was the
exercise of their Judgment in defining and liking
the limits cnd extent of the area OF assessment
The ttrec commissioners whose report is now
presented have taken as the north and south
e'' side of Forty s.cona street and the souihery
side OF 155th street, precisely and identcally the
north ana soutn ',m.s tahea nS Wy E wEsn
considered that these limits are purely arbitrary 1t
Is impossible TO conceive that SIX minds should DC
40 similarly constituted that they should agree pre-
cisey upon question so doubtful and purely theo-
reiical 1t must be apparent to the Court that the
second Board OF Commissioners have not exercised
any dellberation on the subject, but have blindy
followed the lead OF their predecessors. Especially
is this the case when, 1t appears by the two re-
ports, the later commissioners have in the ma
jority OF their assessments, simply taken the
dgures, OF the old commissioners and increa-ed
them in mathematical ratio. Another point was
tiat the commissioners have not acquired all the
land laid out by the commissioners OF The Central
Park for the purpose OF these improvements and
covered by the original petition, notice and order
appointing them commissioners In this matter.
maps that there is omitted ther eirom broad strip
Of land running from north 10 south through the
four parks, the entire length thereof TINS making
eight parks. This strip constitutes the land occu-
NEW YORK CENTRAL AND HUDSON RIVER RArLnoAD
COMPANY,
for their tracks and Tic land on each side
0f the tracks owned by them. Aner showing,
as ne claimed. that the commissioners had erred
In their assessments IN opntting to assess rail-
road lands, he went on TO argue that the com
.mssoners have erred in including In their estimate
~ fna 70 q q IL
ings OF the first Board OF commissioners. These
proceedings are not IN the nature Of tan
nature Of the exercise Of the right OF eminent
domoin by which property Is acquired for public
Sy a few property owners The Illegal proceedings
constitute no part Of the acquisition Of the property
They are utterly void Under no principle OF law
property owners surrounding the parks. How are
they benefited by such void proceedings what
punished for the mistakes cf others such action
amounts 10 conscat,on of their property for what
~ OF no earthly benefit TO them,
Two sets OF costs are imposed upon those whose
sole crime is 10 own property In the vicinity. II
the report OF this second set Of commissioners be
get aside on account OF their errors the only
result win be TO have three hills OF costs
II ofers premium to ignorance ann
5ncompctency, and one park opening may become
placer for successive generations OF commission.
ers. HIS next point was that the appointment OF
the appeal nom the order Of the Special Term con-
nrminG the hrst report,
" WAe UNAUTHORIZED AND VOID.
The peeAAAt commission, he insisted, were with
out -auohosSSy IN the premises ana their rerort
movs0A ~ 4e represented fifty property owners,
improvement. no man, he urged Should be de. de,
priveA o. his property except By jury. This matter
was WITHIN tho fifteenth amendment TO the cODsti-
tuition. In vlew Of the large interests involved,
and the wAnt ef any apology for the exercise OF this
power, great duty devOlved on the Court The
park was not necessary, being only pisto-shot
from the Central PARK
Mr.. Anderson representing various directors TO
sne copnrnau0D OF the report claimed that num-
we mattcI OF AWARDS and assessments, which N de-
voVcu on the Court 10 correct. He called atten-
Iion " various lots In which corrections, he in
slsted, snouM be made. In this connection he
Jesiewea tue proceedings before tie Special and
General Terms. The objections then presented he
Enhmitted now helora the Cnurt io.s.a oi.ia.s