New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-01-31
THE COURTS.
THE NEW PARADE GROUND.


ARGUMENTS or ASSISTANT CORPORATION COUNSEL
ANDREWS AND Ex-JUDGE HENRY T. DAVIES IN
THE SUPREME COURT.
A long argument took place in the Supreme
Court Chambers, yesterday, before Judge Lawrence in
TO the parade ground IN the upper part Of the
city II will be remembered that by the act Of the Legs
lature in 1871 relating 10 the laying out OK TINS square
the selection OF the ground ntrusted 10 the Depart
ment OF Public Parks aud the General commanding the
First Division The ground chosen lay between The
Kingsbridge Road aud the Harlem River, and WAS s!
acres in area. Judge Brady appointed VIM g. Trapha-
gen. VIM. Seward. and John MClave Commissioners OF
Assessment and Estimate The Park Commission did not
complete its work. having, under the opinion OF inc
Corporation Counsel that they coad do ceased their
labors nasmueh the locality distant from inc
armories and the work demanded such AN outlay The
property holders adjacent dissatisfied, and the
Commissioners Of Estimate and Assessment supported
by them applied Judge Lawrence for instructions as
to their duty. An order 10 show served on
the Corporation Counsel and thus the argument came
up yesterday. Mr.. Andrews appearing for the corpora
on submitted his objection the following grounds:
l. That by law the application could only be made
through the Corporation Counsel. 2. That IL wa re-
quired by law that notice should be given by pubiea-
ton in the newspapers and the posting OF haudDls Tor
IA days, which had not been done. g. The APPLICATION
was unprecedented and without authority OF law. lt
true that receiver appointed by the court was re-
CURED officer o. the court 10 obtain INSTRUCTIONS
az his duty but Commissioners in street openings are
not officers OF the court and have no right TO can upon
the to instruct them According TO the statutes
they are bound apply to the Corporation Counsel az
their legal adviser. and not TO the court An application
TO the court merely To request FOR advice upon
question OF law when the statutes have already pro-
vided that the Corporation Counsel shan render thein
all legal assistance and advice without charge T. lhe
court will not attempt to instruct the Commissioners
when 1t make order Ia the matter when womb pe
binding upon anybody. The court II IL saw III, coulu
undoubtedly express its opinion upon questions OF Jaw
involved, but the matter not presented IN sncn snape
that the court make an order which shsi We pins
either upon the Commissioners or the property-ouets
Interested g. There no occasion FOR the court TO M
terere in the matter H. as is cimei' the Iesoiui!Vn
disseminating the proceeding was nun ahd vod, tne
Commissioners have only TO proceed under the order
appointing them. When the report IS presented Tor
confirmation then only can the question arse ~ 10
whether the Department OF Parks had the rsht 10 ADOPT
the resolution disseminating the proceedings
on rhe merits OF the case the points were d. me ne
partment OF Public Parks had full power anu urs'
to discontinue the proceeding by that recent law Whc
provides that similar proceedings snail be taken IN an
respects in relation 10 the acquiring OF e 10 lhe pmoc
ter COZ Laws OF 1867. Section Chapter 49, Laws or
1882 provides that the Mayor Aldermen. aud Common
rination Of the report by The Court to discontinue all
further proceedings relative TO such matter without te
necessity OF an application to the Court for leave 70 do
IL il clear, therefore, that under these seVera laws
all the laws relating to streeopenng % - nUT
for parade ground and the act of 1867 expressly de-
elares that the Commissioners sns act Ia en % .e
Mayor, &C. As the Mayor, &c. under the act OF 1857
have the right to discontinue any steetopebing pro
eeedng preycu; to the OF the spop iae
Department OF Parks have the right to discontinue s
proceeding Under the act Of 1867 the proceedings must
he begun within years after tie ming OF the map d
N is clear that during that time the Department OF
Parks are no under obligation TO 20 on with the
proceedings than the Mayor &C. to proceed to acquire
title 10 the land for any street. ~ Inc ouJ.eton i.
the MajOrGeneral OF the First DIVISION mnst cohcnf
with the Department OF Parks in disseminating the pro-
ceeding is not good The Department has iu power 10
discontinue, the same IL had TO institute. VI Tue
objection that discontnuance works hardship upon
pr1perty-owners adjacent tho parade ground s not
subject for the consideration OF the Court
Ex-Judge Henry L. Davies, in reply, submitted that
the Commissioners having been appointed By the Court
were officers OF the Court and were entitled to conc 10
the Court for Instructions in reference to their duties
that the Court had made an order requiring them 10
proceed and ascertain the value Of the land covered ny
tins parade ground, and that whle so ehgeea it nc
discharge OF their duties they had been served VITA
resolution OF the Commissioner Of Public Works requr-
ing cease, the ground nat The Commissioners
Of Public Parks had dScOnt inued the proceelhS Jee
Davies contcnde1 that the Commissioners hal no au-
thorty discontinue tho proceeding; that was nor
proceeding similar 10 those authorized W the aets
The Legislature relative to the opening ana widening OF
streets ascertanng the value OF lands Tor puole
squares as laid down the map OF the COMMISSIONER
aud made under the act April 1907 that the act VI
ISL creating the special board Tor laying our lhe pup
parade ground, was mandatory III its character ana
that after the ground had been laid out aud the map
filed, the land embraced IN the parade GROUND
condemned to the panhc uae a ANU ooI hv
tine owners thereof; that therefore, it was Imperative
mat this proceeding should go on rs speedily posi-
b TO tue value Of the lands condemned
appropriately that the commissioners OF thc rupIio
pks by virtue OF the acts comforting authority upon
Them m reference to this parade ground had only CON
ferred upon them the authority to take tne necessary
nroceenrs 10 ACQUIRE the title the piOpery that
Ffhcv had taken those proceedings in applying 10 the
Court the appointment OF ssiOneis anu tus'
Commissioners having been apo ate1 upon tcir agP
cation their powers in referouc 10 tae SUBJECT matter
were exhausted and that no act OF te Lsgi3laue co
ferred upon them any power to interfere WIN Tue
of the COMMISSIONERS, OF 10 uisConihuS vi ''''A"'N
their proceedings.
John c. Shaw also spoke Oh behalf ofthe Commission
ers. and Granville p. HAYES appeared upon the same
side. Decision reserved.