The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-16
RAPID TRANSIT.

CONFIRMATION OF THE REPORT OF THE COM
MIssIoSERs-ArPRovAL OF THE ROUTE AND
OVERRIDING THE PROPERTY HOLDERS OBJ
JEc11oS
The supreme Court General Term, yesterday con-
rmed the report ofthc Commissioners OF Rapid Transit
The opinion OF the Court very lengthy and elaborate
one By Judge Daniels. Tho substance OF the
opinion 10 given below
After reciting the laws under which the Commission
crs were appointed. whose province determine
whether railway, the route of which had been pre-
viousy designated by other ought 10 he
constructed he proceeds discuss the various obec
tons raised by the property holders He holds that
10 the nrst objection not the TACT that the aci Is
local, and therefore, within the constitutional pro-
visions iorbiddng various local laws tho act the
contrary it is general in its provisions and applicable
TO all parts OF the State. There TWO exceptions
in the act as regards in New York and Buffalo
but he holds that there Is nothing IN The
constitution forbiddng the constitution TO make local
exceptions in general laws. aud even II these cxcep
could not be made they would not be, under the
act, nudity. He next discusses the question Of com
pensatlon and declares that the Legislature has the
power take private property for such purposes
nxiug compensation by the Commissioners, and not
bound 10 give any other. The rights and privileges
given under this act really no greater than those
any twenty five persons having the capital COM
Dinc and operate railroad through The
entire length and breadth Of the state, and, by COM
pepsatng the owners, taking Their property against
their will. That system OF laws has been approved
twenty years and there - as little reason for assains
The law oil 1885, Tor under II no person be deprived
OF his opcriy without his consent. unless he prop
erlv compensated This TACT was July maintained by
the constitutional OF January, 1915 for
they declared that the Legislature should pass general
laws granting To any corporation, association or midi
vidual he right 10 lay down railroad tracks with the
rtFnv sfnna nf nj half tl.
property affected in OF street railroads. the APP
proval Of The General Term Commissioners. He next
decides that under the act the Commissioners were
not restricted IN their Judgment and power IN
selecting underground oycrground route,
along the street or over houses. The
objection that tho Mayors Commissioners did
not act within sixty days from appointment, and
that the consent OF The owners OF the General Term
Commissioners was not had within that time, Is over
ruled consistent with the provisions OF the act
MOREOVER even though the law should be inlerprc
ted he holds that proceedings would not invalid
since provision made which any such pur-
pose De inferred. Next he decides That Il was not
necessary that the property owners should be notified
before the sciectiIn Of the General Term Commission
ana that II was. The notices given 10 the property
owners were reasonably sufficient Al the time when
the motion made Tor the confirmation Of the report
app ered to claim that he had not been fully
heard, ana II cannot be supposed that The SUMMING
was defective. All that was essential 10 the va
lidity Of the prosecution had been carried OUT The
Commissioners we're not authorized TO determine
whether this was the best route that
coul< be selected. That lett 10 the other Commits
soncrs. IL enough for them determine that the
road should be built, without determining whether any
route would be better more feasible. The law sim
ply required that they should report whether
the road should be buiIt, and although In dong this
they did state unnecessary conclusions this should
not be allowed TO annul the report. Judge Daniels
then goes ON 10 rccite that the restrictions men,
tioned the report OF the Commissioners relative
TO the peculiar method OF the construction Of tho
proposed road evidently Intended for the pub
lie good and the owners of properly along the streets
have reason for complaint on this ground. The
principal 10 be secured the construction OF the
sible public Inconvenience and injury, and Judge
Daniels thinks that the result be secured any
way except by the method adopted by the Commas
sioncrs In conclusion the Commissioners, he says,
not prohibited by the provisions oil the constitution
and OF the proposed road In this regard
some little 1cxb'lity should be given. The subject
submitted to the good sense of the Commissioners
70 be determined by the best judgment they could OK
eYcisc