New-York tribune., 1874-11-11
THE COURTS.
APARKWAY JOB.

A PARKWAY JOB.
MOTION TO CONFIRM THE OPPRESSIVE EASTERN
PARKWAY AssEssMESTs-A CASE WHICH WILL
LEAD TO PROTRACTED IITIGATIONs-NRARLY TWO
MILLIONS INVOLVED.
A very important question of law involving
nearly 100000 before Judge Gilbert OF the su
preme Court Circuit in Brooklyn yesterday afternoon'
this way: Corporation Counsel Dc witt moved 10
confirm the assessment for the Improvement OF the
Eastern Parkway, Douglass and Degraw-sts. Several
real estate owners were present In court, all OF whom
declared that tho assessment amounted almost 10 con-
fscation. Park Commissioner Stranahan was an inter-
ested spectator. Among the heavy real estate
owners in attendance James r. kennaday'
recently elected member of Assembly from
the lid District and Geo. Elkns representing tho Hon.
VIM. NJ. Evarts and the Hon. WIN. Il. Dodge, who own
200 or 800 lots There smaller real estate owners IN
court who Informed TRIBUNE reporter that they wouid
gladly sell their little plots for the amounts ior wch
they assessed OF preface to the proceedings
it is proper that The TRIBUNE few weeks ago
gave detailed statement of the extravagant expendi
lures OF the Park Commissioners on the streets ior
which they are endeavoring make the real estate
owners along the line OF Improvement pay 1t was dis
covered By O TRIBUNE reporter that the work
had not been done according 10 con'rac''
and could have been completed at much less cost than
the Park Commissioners claim. Degraw and Douglass
sts for which property-owners are so oppressiveiy
banks For all practical purposes these two streets,
with the exception of few blocks utterly useless
They begin at end OF the city, thny inhabited, and
end as stated before in two banks and the Park Com
mssioners have no power to complete them Mayor
Hunter In referring to them said that they might be
needed in 10 years. but he could use for them
Before tho proceedings were opened yesterday pro-
tests from real estate were handed to Judge
W
protests stated that the were unjust
and confscatory in their nature One owner who was
assessed 900 each OF several lots said that he
would like TO sell them for $3.50 per lot Mr. De
Witt opened the proceedings by moving that the
mens DE confirmed. He claimed that they were legally
made under the provisions an passed in the Legs
ature Of 1874 Two or three acts bearing the
subject were passed prior to 1874 but t was found that
they did not cover the full requirements OF the case
Winchester Britton and Gen. B. F. Tracy appeared for
the protesting real estate owners. Mr.. Brtton opened
his argument by declaring that all The laws which had
been passed attempting to authorize the improvements
Of the streets In question, and the collection OF assess
ments for the same. were void. He held First. that
the title of Chap 6l Of the laws Of 1868 Is defective in
that does express the purpose OF the act so Tar
as the same relates to Degraw and Unon-sts Secondly
il IA defective so far as it relates to the restrictions and
limitations contained in Section or the act Thlrily
Fourthly SO far as the subsequent control and
maintenance Is given to the Park Commissioners
sioners map of the Cily Brooklyn" covers of
these things approximately or remotely nor does the
expression to widen portions of Sacket Douglass and
President-sts." He claimed that the act sought to
authorize improvements Degraw-st, mode fopay-
ment Tor Improvement proceedings by which the
amount to be assessed and provide for the issuing
OF bonds by the City OF Brooklyn-aiI
this under title that this act Is
supplementary to another act the title of which act IT.
self possible reference to any OF these par
tcuars. Counsel claimed that the law OF 1874 was de-
fectiye in many other respects This next pOiut was
that the OF 1874 not broad enough to invadate
all previous reference the improvement OF the
streets In question. In his opinion such powers
as were conferred by the act 0f 1874 existed only
from the time OF its passage. Another strong
point the fact that the several acts passed
through the influence of the Park Commissioners
left the district OF assessment wholly at their arD-
trary discretion. There limitation Again, the
provides that the expenses may be3 appOftOned
and assessed in such manner they tthe Park Com
missOners) shall deem just and equitable upon
property be their judgment benefited thereby Win
Commissioners" Mr.. Britton claimed that such act
could be legal "inasmuch as II contains no provision
that the assessments should he upon all the properly
within the district OF assessment nor upon any par
tcular portion of it, III proportion To Denent NOT
there principle laid down to govern the COmnls-
sioners" Counsel could why if this act
were declared Illegal this Park Commissioners. II they
uieces of property they might choose 10 consider
" benefited thereby" 10 the exclusion OF the rest so
benefited. -, -, -,
Corporation Counsel Dewitt, for the city, held that
the law OF 1874 was valid every respect lie said that
question OF the validity OF that law had been argued
Court OF Appeals. Toe latter court, he claimed, de-
clared the Of 1874 valid Ths was the substance or
his argument. Judge Gilbert took the papers In the
aud reserved his decision Ii his decision Is un-
favorable the conteSting real estate owners, ap
peal will probably be taken.