The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-01


10 repay yog n the manner WHICH Your agreement pre-
81 pnymen, which YOU provided dssppointed YOU and
6ecsus me ~ ~ KIND which you eeseS 70 tsSe
really require you arc trying e shit your loss @ other
this that you made an improyldent bargain.
nane qscaysT Of 5 Ts the sum d
S5262 50 and that the counter claim 81 the defendants
NorG-rhis counter claim 81 the government is that
ne defendants are En- not e ss Ian ian q9a a
II, ie6i any other OF Congress otherwise and
~ tue sum q sscC Tor the payment interest %
bonds,
UNITED STATES SUPREME COURT.
DECISION IN CASE GROWING OUT OF THE
WIDENING OF BROADWAY, NEW YORK, FROM
THrRTY-FoURTH TO F1FTY-NINTH STREET.
WASHINGTON, May 81, 1875.
No l5s Daniel Garrison, plaintiff in The
Mayor, Aldermen and Commonaty OF the city OF New
YorkIn the Circuit Court OF the Southern Dis
trict OF New York.
In May 1869 Legislature OF the OF New York
passed act entitled AN act to alter the map plan
Of the city OF New York, and TO carry the alterations
into elect providing for the widening aud straghten
ing Of Broadway, in the city Of New York, between
1hrtyourth and Fifty ninth streets II required the
Commissioners OF the Central Park OF city within
four months after Its passage to lay outand establish the
lines Of the street widen and sraghten t. and
certificates and maps OF the location Of the
lines be hed in public oces OF the CITY ami
declared that such certificates and maps should
conclusive 10 the extent and boundaries Of the
proposed Improvement and that the part Of Broadway
streets o. the city in ike manner and with the snme
ne al m IN 1884, Ga t@s a qt nf s
e. @ touching t9e laying go o q streets and
poses -
brace within the lines be closed and thai the acts
% ns ana IN 1Ses % NJ shd
apply to that part Of Broadway mus aia out 70
and the act required toe Corporation counsel, when
tue commissioners nau nei lnci. ana ates
fte 10 the lands needed, tor mat purpose 70 apply
appointment 0, Commissouers Of Estimate aud Assess
p TaU the III n 20 s c n
opinion would be jas and eagtab g not exceeding ONE
which was TO be made within eight months after hcir
The Commissioners then appointed were required 70
make lust and equitable estimate ana assessment q
bsnent and advantage, or Of Tie benefit aud
damas the eas @sht be- to me o saa
csted in Inc lands and premises required or affected by
the the assSsmsn Tor benefit AM ad
The act further provides that all awards u the ctv
the eiiyI 10 Tue credit Of the sinking Fund nd that All
other awards 81 ould be paid BY him to the
Under this act the measures authorized were taken
BY The supreme Court who made q their pro-
ceedngs which was confirmed by order Of the Court on
The report Included, among, numerous other awards
Po n 9 Se m. e d hd SY MEM S
The act also provides that within this period,
%Son shs b nS made os behalf o the & S
to raeate 6e ana made i the duv Of
re Court r SSsse 70 near ns ana that
rregularIy Or illegal act 70 the proceedings at any
damase either OF them had been unfair and
o. any person Affected thereby the court or Justice
n1nd make The order Of eonnrns,isn which should
slouers, who should proceed to amend aud correct the
part as the court or Justice should direct
Iader ID act upon notice 70 the parties INTERESTED
term Of the supreme Court TO yacate the order. Upon
b. The vacated Se ofdc
1so9 ana b n new s g amend
age aud assessmen IN ias order saesng me eennrma.
that appeared that there had been error mistake r
anu & as M ~ ~ ~ ny ~ ana iaat
had been Unfair unjust inequitabe AMI oppressive
The present scuon Is brought 70 recover the amount
"ommisSaners Inc nlantia alleging I'M bis eomplaISt
the ownership o. the lessehold estate taken. the
ana the confirmation Of tho report ~ the supreme
nv force o. the act Of tho Legislature ana Tie laws
@ ne ne s " mere 9S and Ss6
vssssd es ' .r5 nd ne v,. s9' 70 ~ ne pa
tn IA IN snswer % ths ..S acton = nc sity ss,
Sscated ala inss,c that he rits "a the premises mon
TONED had vested a. to- city and that the rivut =
% THIS nlca thc platinum uemurred IN ground that
tue sci OF tthruapN iNll. was rcpu1nant 10
obligations Of a contract tue constitution at nc
state. IN that ~ undertakes 70 dveSt vested right
contrary 20 the law the land and without the process
~ law.
The Court overruled the demurrer sustained the nea
mar - the action and Judgment Tor the de-
tend1nt The thence came here. aud following
the substance ~ TIE opinion 81 the Court delivered ~
Justice FIeld.--
An act IL the Legislature a the state Or New York
passed in ISL relation 20 the widening and straight
ennR Of broadway in the civ of New Work. autuurE.
inz the supreme Court Of the state to vacate order
Estimate respecting tho properly taken
from which order appeal allowable error mis-
take, trregniaritv illegal appeared IN the pro
cecnngs o. the Commissioners, or the assessments
I either Of them. bad been Unfair and unjust
incauit1ble oppressive respects tho
city or any person affected thereby sud "a refer
the matter back Comm issioners 10 amend Or
unconstitutional - imparinc the obligation Of
tracts or deprvinSa person % vestea right without
due process o. isw.
In he proceedings 10 condemn property Tor public use
there nothing in the nature contract between the
and The state tho Corporation which the state
IN virtue Of ner right 81 eminent dOnqin authorizes
take the property AL that the constitution ~ the state
~ the United states Justice requiring IN such
being that Just compensation sha1 be made the
owner his property can then be taken without his
The proceeding 70 ascertain the compensation 10 be
made % the owners ~ property taken Tor pubic IL
IN tho nature ~ inquest the the state AMI
r. under her control and 70 lust
compensation - be made she can vacate authorize
the proceeding been rregularly or fraudulentiy
conducted or IN which mas interviewed ana order
new Inquest provided such methods ~ procedure
observed as viii secure ter hearing from the parties
allv taken ana the compensation is made provided
she power OF The stale tho matter is not ended.