, 1875-04-29

'aarlly void, because immoral nuI tlishoneAt
1ct the decision strikes at tho worry fountain
wAenca springs nine.tont1lH of tho Legislation
OF Congress which involves tho appropriation
or expenditure Of money OF tho paouniary
gain or profit Of individuals.
TAKING PRIVATE PROPERTY For PUB
LlO UgR9.
Tho Supreme Court OF tho Unitctl States
recently decided oaso which Is OF special in
torest to tue people Of this city. II Is in ro-
lation to the vacating Of awards In cnacs,
whcre priyate property Is taken for public
'lscs. Tho facts woro TINT In 1860 tho Loc;s.
latnrn of Now York by law provided for
Strengthening and Widening broadway bo.
tween 1hirty-fourth and Fifty-ninth streats.
It required tho Commissioner. OF Central
| Park to map ont tho proposed changes of tho
atreet, and to give notice thereof, md d.
clarcd that broadway thus newly laid ont
should ho ono Of tho public streets Of the
city. Tho law required tho City Council to
take the proper steps to acquire title to the
lantls needed, and to apply to the Supreme
Court for the appointment Of Commissioners
to eBtimato and to assess upon the city not
exceeding one-thirl Of tho cost Of the i'm
prove'nent. Theso Commissioners thug ap-
pointed wcro required to mako a lust
and equitable assessment Of tho loss
mud damage, IL any, over and above
tho benefit md advantage, or Of the benefit,
over and above tho damage, to tho respec-
tive owners Of the linda aud premises re-
qnfrcd. Tho Commissioners were appointed
and reported their proceedings, which were
confirmed by tho Court in December, 1870.
This award allowed DANIEL GARRISON $40, 900
damages for portion Of lis lcascl,old estate
taken, mud tue titno for the actual opening Of
tho street waa fixed for Dec. u, 1870.
On tho 9th Of February, 1871, two nonths
aftcr tho confirmation of tie report, tho
Legislature by law authorized an appeal from
the order Of confirmation, to be talen within
four months. It nlso authorized, pending
tho appeal, q motion before any Justico Of
the Supreme Court to vacate the order Of con-
frmntion; mud that II upon tho hearing it
0honld appear that tllcro was any error mis-
take, ir7egularity, or illegal aet in tile pro-
cco1inga, or that tho assessments for benefits
or dalnages had been unfair or oppressive as
respected tic city or any individual, tile
Court should vacato the ordcr,. which
should then be void; md should refer
tho matter back to now Commissioners
for new assessment Under this act
tho motion was made, tho order
vacated, and new Commissioners appointed.
GARR1soN then brouglt auit to recover tho
$4,000 awarded to him by tho report, alleging
tho confirmation Of tho award by the Court,
which he claimed was final and conclusive,
because in the confirmation Of the report the
title to the property had vested in tho city,
and his right to payment had vested in him.
inaisting that the subsequent net Of the
Legislature was unconstitutional because It
impaired tho obligation Of contract, etc.
On the argument Of the case, the plaintiff re-
fcrrcd to the existing law OF the State Of New
York, by which it was provided that tho re-
port of tho Commissioners in such cases when
confirmed by the Court was final and con-
clusivo"; bnt the New York Court held that
these words did not prevent such judg-
mont from being set aside for fraud, miatnke,
or irregularity, and the vested interest therein
is subject to TINT liability.
Tho Supreme Court of the United States
affirmed the decision Of tho lower Court,
which waa for the city, md in so doing do
clarcd TINT In tho proceeding to condemn tho
property Of citizen for public street therc
is nothing in tho nature Of contract be-
tweon him md tho city, and Justice F1g1D
tllua laid down tho general principles govern
ing such cases:
Tho proceeding to saoertain the benefits or loasss
which Will aecrus To tho owner Of property won takon