, 1873-11-14
LINCOLN PARK ASSESSMENT.
Judge Willfams' Decision Confirming the
Special Assessment of 1871 Reversed
by tho Supreme Court.
The Case nomanded Back to- the. Cir
cult Court Of Cook County.

Tho telegraph informs us that an opinion haa
beon flod by tho Supreme Court tn tho Lincoln
Park nsgoaanlent case, tho decision OF Judge
Williams rovoraod, and tho chso ronlanded.
This waB o suit brought by tho Lincoln Park
Commissioners boforo Judge Williams to on
force the special aasossment Of 1871 for cnlarg.
Ing aud improving Liucqln park, involving
Sum Of q, ,200,0 600, objection being mado by do
felldnnta that, for various reaaons, including
The unoonstitutionhlity Of tho law undor Which
tho asaoRament was made. 1t WAS inyalfd.. Tho
Hon. Lyman Trumbun aud Daniel shoroy ap-
pearod on behalf Of tho property-owners. On
May 20, Judge Williams gavo long opinion in
tho caao, Of Which tho following Is comprol,cn-
Biyo abstracts:
With rogard to the quentfon Of Jurisdiction.
tho Court hold that, under tho Constitution OF
s9S hsy by crsa q oors aseoh hs
in tho caAe, and power equal to that OF tho sn.
promo Court. Tho Court would only deal With
Tho graver objections raised to tho aasossmont,
as 1t waa impossible to doal with al tho objoe;
tiona brought forward, most OF Which arc baaoa
upon purely technical grounds and we're IN
worthy of note. The Court dooided TINT the
objection that Tho net Of 1860, and amended oct
1871 failod to apply to Lincoln park was not
to my othora within tho Jurisdiction Of
not net Of 1s7l proyilod for tho payment
of condemned landa BY the issue Of nunio-
| ipal bonds, Lincoln Park mootB all the ro-
Guirou1outs Of that net !; tho objection Of tho
| amendntory nnturo OF tho act being OF no avail
| bccauso tho law WAS constitutional, although
| tmendatory. The objection that tho partios
| making tho assessment wero not corporate
authorities on the ground that the Legislature,
having established, by tho union of the corpora
tions, district, aud placed 1t, for purposes doe-
ignated IN the not, under tho Park Commits
sIonera' control, is equally untenablo. In sup.
| mort Of his views On the case, tho Court quoted
sion, tho deciRions in oases In tho Courts OF
| Oregon aud Indiana being doalt upon With par
ticuiar streaa According TO- tho law, tho I'm.
partinl opinion Of tho Court Was that the levy Of
| the Commissioners uah purely IN as6essm ent. and
not to be looked upon in tho light Of law+ Prop.
! ortv.ho1dera received fair remuneration fol
| their land: Thoro was no doubt In tho mind o1
the Court that tho assessment was fair, and thai
tho boautitying and axtensiun Of the park would
turn out to+bo bonoAt TO tho public. An nd
| verBo opinion would be doath-blow to tho very
| existence OF the park, and would place bar X
MI suburban improvemonts to come. lie Goa
Bldered that, were there any doubt park ehoult
nayo tho benefit Of it but, as It was, ho eoSEid
cred ample evidence had boon brought ftS0lrt
to show TINT the vicinity OF public parks was IL
variab1y cause for Increase in tho value OF tn
adiacont lands. The Court closed with th'
words /. 81 In my opinion the objections ought Il
be overrulod. shall. therefore, sustain the mo
Iation to confirm the assessment"
+ Tho case Was appealed, ind argued before th
Supreme Court at Mount Vernon, in Juno last
Tho decision reversing that Of Judge William
will DO published in THt TRIBUNE tomorrow.