The New York herald., 1877-10-21

APPLICATION IN THE SUPREME COURT FOR
ASSESS DAMAGE FOR LANDS TO BE TAKEN
OBJECTIONS TO THE USING OF LAKE MAHo-
PAc ovERRULED BY JUDGE DYKMAN.
At u special term Of the Supreme Court, held in
White Plains Westchester county, yesterday before
Judge Dykman Corporation Counsel Whitney. OF Now
York. addressed the Court in regard to tho proceedings
commenced by tho authorities OF that city looking to
the acquisition of additional water rights.
The case is entlted-'The application OF Allan Camp
boil, Commissioner OF Public Works ofthe city OF New
York. for and In behalf OF the Mayor, Aldermen and
Commonalty OF the csty OF New York, under chapter
445 the Laws of 1871 to acquire certain real estate
ana to sxnguish rights ttlos and interest in and
certain real estate las the term real estate is
defined in the sixteenth section OF said
statute) situate upon Lake Kirx, Lake Mahopac,
and the Muscoot River, In the OF Carmel county
of Putnam and State OF New York. and upon the Mus
coot RIVER, in tho town OF somers county OF West.
maintaining preserving and increasing the supply OF
pure and wholesome water for tho use Of tho city Of
Having read tho above title at the suggestion OF
Judge Dykman, the Corporation Counsel remarked
that as there many lawyers present
tho very numerous parties interested in the proceed
ns before making application for the appointment Of
TO apprase the damages TO the ow ners
would the various parcels Of land for tho purpose
OF asccrtatnng whether all the persons whose rights
might bc affected were present by counsel or other
wise.
Somc eight ten lawyers then announced the
names OF those for whom thcy appeared. Among
these the Bank Of Nevada, holding mortgage Of
SO, 900 portion OF the land was represented by
j. A. stoutcnberg. The Peekskiil Savings Bank, an
other mortgagee, and the Man0pac Manufacturing
Company also appeared by counsel MIR. Whitney,
having presented The printed petition, together with
nftayits of proof OF service oi tho same on ali the
nlA IA thA
appointment oil the commissioners.
The Court inquired II there wero any objections to
the granting OF tho application. Mr. John Thompson,
OF Poughkeepsie, replied that his clients intended To
opposc Il ahd prepared to show cause why Lake
do so would De detrimental to the public and that its
would not be oil any benefit TO the city OF New
York
10 this the Court replied, saying that the counsel
could hardly expect that objection to be entertained
there after the Legislature hal passed special act 70
secure that water TO the metropolis
Mr.. Thompson argued that they had right, under
section OF the bill Indicated, to oppose the motion OF
the Corporation Counsel and they wero ready 10 provo
that there necessity all Tor taking the water.
Mr.. Whitney hero interposod, saying no should OBJ
ject primarily to any such construction OF the statute
us that giving parties interested the right to object.
Counsel ON the other side he SAID do not dispute
validity OF the statute but TO doubt whether the
authorizes OF New York really tnink 1t necessary to
acquire the water while the Legislature has allowed
them 70 determine Tor themselves what Is really
essary city Of New York, ana IN the petition
the Commissioner OF Public Works distinctly sets
forth that he does deem 1t necessary.
Mr. Calvin Frost OF Pcekskl, called attention to the
Nth section OF tho act which allows dissatisfied par
ties to contradict the allegations Ia tho poton ana
which gives them the right show cause why tho np
plicaton ior the appointment OF commissioners should
not bo granted lie thought II proper that the Court
should hear any proof might be offered IN support
Of objections
Judge Dykman said he should hold that when the
Commissioner OF Public Works sets tor h., under this
act that nc requires piece of land Tor pubic purposes
he has right 70 take II.
Mr. Thompson--We hold that II Is not necessary for
public purposes Of tho city OF New York 10 take the
water.
Judge Dykman-That proposition cannot be nd
miited The law has gwen the power to take II and
has vested that power IN the commissioner The ap-
plicaton for the appointment OF commissioners must
be granted.
Mr. Whitney then addressed tho Court, saying there
were great number OF persons Interested IN the mat
ter pending; that matter what the decision of
the Com m issionets would bo IL was certain that
many of the property owners would be dissatisfied.
In view OF this he suggested that tue men whom the
Court might appoint such commissioners be parties
ever thcr verdict might be 1t could not reflect upon
themselves.
Judge Dykman replied that he had given the matter
due ldcratop adding tnat he would appoint such
men as the people in Wcstchcster anu Putnam coun-
ties as well those New YORK, would DO satisfied
with.
one OF the counsel having suggested the propriety
of having set Of comm ssIoncrs appointed for
Westminster anu another TOR Putnam county, Judge
Dykman SAID he was not IN favor OF dividiDg tho
commission, but would appoint good men. lie added
that IL would not do TO name them now as II lie did
there would most likely be some objection made to