, 1874-06-12

Opinion Of tho Corporation Cos1.at

AS predicted in THE TRIBUNE, Mayor 0olvfn,
after duly weighing tho matter. yestordny np-
proved tho following ordinance:
wuEnEAs, In tho opinion Of the Common Council,
the widening ot North sato street would 30 tne1pe-
a sessea for M he psopsry tskon mi for said
D. i orda<a By tho Common counes et ths CITY Of
sGorIos /. Tint the ordinance pasacd Nov. II, 4.
p. 1874, entitled An ordinance for widening North
State stroot from Chicago nvcnuo to 8clpr street,n
te aud tho saule Is hereby repealed.
sEo. a. That the Corporation oo1nac1 ho. aud no -
hereby instructed to sconnue n further proceed
BEo. g. This ordinance 6hal bo In force from md
Ia soon aa tho Council Ind passed tho abovo,
d great hue and cry was Het up that tho city
would DO liable for damages to fabulous
amount, Some wcak-hneed Aldermen became
frightened, and 1riod to shift tho responsibility
of thoir votes upon tho Corporation Counsel,
because ho had giyon bis opinion thai tho orl-
and tho CITY would incur no damages. That ao
has excellent grounds for such opinion may bo
aeen by
THE FOLLOWING OPINION,
givon by him to tho Mayor, and Oh tho strength
Of which principally tho inter arriyod ut tho C0n-
oltsion h0 did:
In accordance with yonr re1ueat for my Views to
tue power Of tho Common Council to pass tho or'ii-
before yon in rotation TO North State street,
Tho caao il now polding In the Superior Court upon
tho report Of tho Commissioners Of Assessment ~.
confirmed. II It shhIl 10 affirmed, and tic apeciAl
uAaessnenta COLLECTED md raid over tcnderoa
T. nf nss n s r 1t Hnas: our
/ hold, therefore, that 1t the present timo
have vcBftd IN tho city III the lands, md none in tho
laud-ownor In tho money to bo paid therefor. These
rights arc cofelatiVo they ar1so at tho sae time Tc
on sde % us M e
has vested right In tho ,noey until tho right In tho
lnnd vests In tG corporation at all events, mono Until
the confirmation Of the Commissioners report by tho
Court.
NO VESTED n1oHra
It a y ho
hold, thsrstotu H. the corporation may abandon
to pasa the ordtuuce In question. THIS question han
never been decided IN oir Supreme Court, aud the
In our s.ate TIL that is done will now give you
FEW or TUE Au1noniT1Es
upon which ny opinion Is bascd and leave It for you
Judge p!,lon, in his admirable work on munioral
cofrofationa, Vo . page 672 lays do"n THU rae In
aYhe ianauage ,y Which tho power to opcn Htrceta
and tako rrlVato property for that purpose Is auHlly
conferred upon aasEas IT. Thoy ny at
un,pr completed proceedings, or before tho nat con-
nrlna,on, rocoo from discontinue the proceedings
tHSy uhFt llIhlNhEN' AH19 Hly no AtHla' ~ 10
ntherwiap provided by Legislative cnariment ut my
fine bcfora vested rights IN tho othcra avo attached
Until tho .asBeaeulpnta OF damnges hayn EeeA nade,
tlo 4uollnt caot 10 known, a. IL ia reasonable that
after haynH aeeastaned tho oxpenko Of tho pro1cct,
lie cornoya!on should hnyo discretion 10 with
1t Or not na 1t secs 1T.
TEE SUPREME COURT or stANYEANp,
In thB caeo Of Graft VI. 1acr, 10 Ma1ya1t 654 held
TINT "tho City Of l}altinore was not bound, by tic
nero inauison Of damages, although confirmed by
thu Court, to pAy tho aul0nt awarded, but could,
nevertheless abandon tho location in qloson; TINT
tAe Judgement nuh confirmation hi,npy decided the
yulua OF tho ground, anl that payment ten9er oY
tho vnluo Ia necessary to give tho city to to the
lin a caeo Of tho State OF Maryland Vs. Graves o al
ii Maryland 1884, It was hell by thn Huna CURT thai
tttho tisateaan at private property for public uae IL
not comnfeo until tho proprietor s paid or tcndoraq
tho value a tB lroporty M ascortaned ny tho tnqca
or aaBrAsl1ppt No preliminary step prior to nctln
pnylurpt nr teuor 70 fixes tho corporation to pre-
vent tic abandonment OF tho condemnation or Of tht
in tav caao Of the City Of st. Josopu W. Hamilton
ct pl-t3 Missouri 903 3-a case WAcro troceotlllIg
! hal besu cosutncnced for oPehtlR Brnct. anu ai
assessment Of 1utnnGoa to thu property y-hullpF hat
bepn 1naIe and confirmed, Tho hlpre1e Court OF Mis-
sour pl1 on nus sos imsMe't. w follaws: ~ hay.
10 dnuht tint the city 'nny dismiss tts proceedings
aid thon tAo pnly liability TINT would 10 inc1rrpt
,so,,i ba tho e1posaos. 10 H. an account If excessive
iaualns, it being nnwAo Or tullDlitlp to proceed
| 1t lniallt aun,,inl thu work. II tha city elect
to ahHjIuu thu enterprise, a not to An thu rrsrns
ty. tlerp Ia no dlveatttnre Of tho p frn thu owncr
Md Ao il not sMtitlpd 10 pay from tic public" .
{lptlgs Npxton hers giTsa eopous eats&ota from W