The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-06-04

Few Errors in the Report Of the Commissioners
Of Estimate and Assessment To Be Corrected
Otherwise the Report is ConArmed-De-
cision Of Judge Gilbert and His
Opinion in the Case.

At length fnality has been reached In the mat
ter of the report of the last Commissioners of Est-
mate and Assessment relative to the widening of
Broadway from Thirty -fOurth to Ffty-ninth street.
The facts Of the case have been too frequently pub
hshed to require repetition. Judge Gilbert, Of
the Supreme Court, before whom the motion for the
confirmation Of the report was argued yesterday,
rendered his decision. 1t will be that he fully
ex0nerates the Commissioners from the charges
preferred against them, and except few errors,
which he directs to be corrected, confirms the re-
port The followingi is
THE DECISION.
the inference that the Commissioners have been ina,
motive or that sScepns some o%ssoSSs Which viii Ss
nee they have any Of
stated by the counsel for o. the directors that
the former district Of assessment but not within the
M h There Is mot any evidence ts
ter EXISTS It had my uense on the action Of
piled in this case Upon such facts the rule Of law Is
tact by the final and conclusive and not
snyS ne .as ey acted sny
erroneous principle rule of valuation or violate some
III s San WIN s fs
sSs
ssss aioSsa pssSsaIat ssSssss il
FOR otherwise an making excessive valuation
OF one mans property would enable every owner OF
stated governs both he DEMENT'S and
as sa @ tho
erred In establishing the district Of assessment i
S1 81 @ p %
eey nd S mas has
not been assessed at all The answer this objection has
law commits solely the Judgment the commissioners
IN or to
honestly made IS also insisted that the order under
ns Ss sSey '%
The order them to IN
ws both for The for order sss ns
sas not q ii
duty thus deyelved upon them. For BY, the act Of
or Il M sssss Is to s
part and t9 the Commissioners to assess any and all
ment" and the Limitation contained the Of sss was
the Se
and i their duty exercise the dscreton conferred
ssss
Would This they as
rho a sEn s p s ha
against the Mayor, Aldermen and Commonalty Of New
as n Of By
were benefited by it No objection has been presented
Se ss" i'm
be doubted whether of this class OF objections be
bury Conner, CONS 5S But counsel having argued
Ms s he Gt assm a. h g
stuton Of the United States had been violated the
that the State had by that amendment been de-
PSd q tbs n @ a 81 M
By ordinary %HT forms IS m
OF opinion that this objection is not tcnabe. Sure
ished as rule protection Of private rights app
BIZ b. vs. oafsy f TRs ST o0 prS
sssn % he
s Of @ a. $50 e
provisions it has been uniformly held that the authority
TIC question the that this
saSn Of The United states and this state ana such
as Commissioner Invalid because il made with
vacancy accustomed 81 resignation Of sommisoner
may, Of It's own motion, m the vacancy and that no
notice Neither the act Of is$eT ne amend
notice. does s to Se n e re @
commssioners rests exclusively with the Court and no
one entitled 70 produce evidence to do any act for
ceiyed therefore, that notice would any purpose
to dey ine PS Sa before me is signed
only two Of the and that the other Com
the Of this state requires the Of
81 ss n me- n he SG Of s
Of chSrS re ~ BaS % THIS precise ,Sse
sary II entertaned any doubt this subject should
feel bound by that adjudication. But quite with
the reasoning upon which IL was made. 1t is an
doubted rule of the law that when power is to
be exercised by several persons majority upon meet
csrcd in the Revised statutes q r. g. $685. 30 and
is still in force Although the language of the constitu
tion that the compensation shall be sceraincd by not
less than three commissioners vet there nothing TO in
dcatc design to change the mode of proceeding
ing such bodies prescribed by the common law and the
If such intention had existed have been pressed
in and this presumption Is fortified by the provision
contained In section IL OF article of the constitution,
whereby certain parts of the common law and the stat
ton were continued in force. There Is no repugnancy
between the familiar and necessary rule referred to and
the constitution II Is clear that all the Commissioners
aid in performing the duty assigned 10 the whether their
action produces unanmiy not and whatever they do
forms element Of the ultimate decision Not being
served 1t abundantly appears that the dissenting
missioner met with his colleagues in the legal Of
that term No formay beyond actual consultation Is
requisite. He attended the meeting of the
Commissioners for several months, and put
e psoceea asnnF nj, Snc cen as The end DoS
here decided In the Of the Board
Of Water Commissioners Lansing, a N. " 49, In fact
the precise question not involved In the for the
reason that the statute upon which that
passed after the adoption OF the constitution and was
not therefore, affected BY section Of article Of that
constitution here invoked has application to the duty
OF the Commissioners In fixing district OF assessment
In apporonng the amount assessed That is exercise
Of the power OF taxation and not of the right OF eminent
domain and the statute act Of 1873 section 80 authorz.
Ing two Commissioners to perform the trusts and duties
m on n rus of (PeOpc