New-York tribune., 1872-01-30

in value and beside this money saving the progress OF
the other improvements n the vicinity depending upon
tsls would have been accelerated.
In fact these rested Idly for years.
and commenced their work on the 10Th OF September
1870 The belief that they waiting In order 10 spec
uate In property found confirmation In the fact
that purchases made by supposed 10 have
sonal and business relations with them No other
for the delay has On tho Goth Of june
ls7 hoy made their REPORT In which they awarded to
the owners for the land and buildings taken for this
Park. and the Ryersideave along Its eastern border.
S,lDn7 II u safo 10 say that II these Commissioners
had performed their duty within Elk months, as they
might and ought TO have DONE these awards would not
have exceeded one-half this This report up
before Judge Barnard for confirmation. and was con-
rmed by him the nth OF July S1 except that he sent
the report back TO the Commissioners and directed them
TO revise IT, aud give TO certain OF land border
Ing on the Bloomnedae road, and on portion OF the
Twclft-ave where s had been change specific
sums instead OF the nominal awards which the Commis
soners had given to hem the ground that the bed Of
the road and the belonged 10 the public and not
to tho adjacent owners He did not refer 1t back to the
Commissioners for them to determine the value the
ground that private and not public property. but
he fixed In the OF IA Of such owners the values
amounting all to t21o2o6, which In the order he d
rected them to award tO the for tho land In the
bed Of the road and fronting their premises The
Commissioners revised their report and made their
that they did IT In obedience to his order and not as the
act OF their delberation judgment and this report
Judge Barnard confirmed the 2st OF July 1871. From
this an appeal taken to the General Term OF the su
preme Court The appeal argued in November last,
and on the sd day of January 1874 the General Term
OBSERVATION-DISCLOSURES. Josiah Sutherland Charles
In his action s in confirming these reports in July 1871
Judge Barnard has committed two erors The first was
Bloomngdale Road, matter OF law about which it
perhaps too much TO expect that he should know great
he conceded remained In the abuttng owners subject to
the OF the public for highway BY the act OF 1867,
under which the Riverside and Morningsde parks were
laid out and by the proceedings Of the Conssoners OF
the Central Park under the act portion OF the B9o
the park, but for the avenue on the easterly
border OF the Park that s the Riverside ave was
laid out part OF the course OF the old road and me
road closed In any other sense. The public
never gave M or abandoned ITS use or thet rgt 70 use @
law, and continued TO use IT under another name, the
an express provision in reference to that might be
closed by the Commissioners OF the Central PARK hat
n fee therein to the center line thereof In front Of their
respective lands except where slich streets avenues
6er shc on nsS % s Ts seemed to indicate Very Clearly
the intention of the law that where an existing road was
retained for the public use, II should not revert 70 tle
owner and he paid for as private property SUI IT.
possible that this language would not control the general
closed, for what purpose the title would vest
the and that It could not be taken from
need 20 be established as matter of that the road
was closed and the land In the bed OF the ROAD
be strong distinction between the case OF street. or
portion OF road. closed and abandoned as hlghwaS,
aud the case OF avenue, laid out over the
bed OF an old road, and covering the same surface
and thus the express and repeated language G tne
tion seems just strong matter OF tact as Ill any
other light s. with an aeumon TO which ne alone ,ht
the road had been closed ana tha IN the SerSS Wa te me
GlinOo M 4 he maj by Commission
Termination Of the proceedings by the confirmation OF the
ACQUIRED tide in Zee to so much Of the of the old
included within the lines OF the new avenue
a title for which :he City Corporation had to pay them
this sum Of s2l9.2o5. ,-, ,,-.,, a..
His second vas in dete.mning g. himself the the
matter 10 the COMMISSIONERS This was simple lgn9r-
or hn ecSres that S tine tine
mined by the % r ON ems m sIe
In bis opinion, at General Ierm Judge ihshhh states
mated by the Court the were ordered
to revise and correct their report BY allowing tue
rected report at day mentioned therein Ibe order
was proper might be repeated SO long as
the Commissioners erred in tie rules By Which they
were governed. The power to estimate the loss and
damage is gwen by the Act OF 1873 to the
solely aud when the report is sent back for reyisai ana
often right and justice shall require, untl report
shall De made which the Court will confirm No author
ity given TO the Court to make such estimstc Of dau
ages II any such power existed In the tonrt there
would OF IciCffiglt
hut the Court cohd Il, once direct such allowance 10
be made"
ThIs is condemnation sufficiently stroug, and Il rests
entirely on an Ignorance ana disicehtu o us 81 PPa
BILE that II Ia not possible for lawyer or layman VINO
reads the statute 10 have moments besta'On IN per
ceivng the derelction This would seem TO oe Judge
who does trouble himself To look at the words OF the
statute under which he T. making decisions that a1ec
thousands o people and millions of property and which
gives much trouble to set right again tat II would
be cheap bargain " there were no other way0 getting
rid hun, send him OF with retiring pension equal
10 that OF English Lord Chancellor.
ti.a frst fn kIl al
there mas De ground which protects 10 from any ques
ton and that -, that particular opinion on particular
may become the law, Without regard 70 It's sound
ness OF il Stiffness by the fact that particular
man in his ignorance his careessness " knowing
thing happens TO adopt IL, or to think that
he has reached IT, provided that man happens to be
Judge This ground of protection entirely sound bat
when the involves large sums ana extended pubic
interest the presence OF such judge in seat OF power
becomes a public misfortune.
the second error the best thing that can be said
Of Il Is that pure ignorance ignorance or the iact
that the point and regulated by the statute
and that his In direct violation OF the statute as
well as OF tho Constitution.
As has been stated the whole subject has been sent
back 10 new Commissioners These Commissioners are
at ubertv disregard all the work which has been done
by their predecessors and TO do IL all over anew or they
NAV adopt leave II undsturbed except In the cases
where questions arose by objection or on appeal, and
their revision to those questions whch are COM
paratvey few. II they determine upon the former
course tGey Will be tn the proof OF higher val
ues which will now lie offered 10 them with the risk
that evidence weight OF Increasing the cost OF the
whole Improvement and long delay Will be occasioned
by the great amount Of work which they will undertake
These delays are very disastrous 10 Ia
many ways. =, .,.,---,-,- 4. A, -
smaller number OF questions, and thus are enabled to
make their report within few weeks, even thcn the
propertyowners aud the city Will be subjected 10 hey
losses There will he the expense OF the new CoInusslo
and the loss OF interest to the parties 70 whom tnee
awards were made. These awards In the aggregate
amount TO s5?3H7 The interest on this sum amounts
t 81 per day the order made by Judge Barnard