New-York tribune., 1890-01-29

Mr.. Cook had embodied some additional
sentiments in printed prlei "n'od nun
was presented to. the ccnnlit,tse' ,c"n' "
which cited authorities 10 show the unson- !ii
stitutionality of the measure 1t is unconsttu- .u
tonal, according to this brief to alnhorize nr tnr
city TO incur Indebtedness for purposes o1nea
than city purposes. The purposes ior wlicn u
city is created do not include the exploiting oi an
exhibition or celebration, even If the CONSTITUTION
silent on this question M nsd sIa'ue uncopstitu
| tional inasmucb as il would be an lllegal impo.
sition of a tax upon dissenting taxpayers' ;a pa'
the Constitution expressly prohibits ,he legls,
| lature from authorizing such an expenditure anu
| il there ever was or cap be an occasion for the
application of that constitutional prohiDioh, suc
| an occasion exists now Moreover, !hls OH -
unconstitutional in authorizing the clty 10 i kl.e
tbe nse of it's property TO a private corporation,
| n the Legislature can authorize the city TO give
the use four OF five years II couia au.hor1e 1 ~ ~
to give the use for any. number OF years anu ho-
body could fix the dividing line ..,,
The Philadelphians, in 1876, drove coach
and four through the Philadelphia Constitnuon
! buf Cooks brief warns the committee that the
New.York Constitution is very different affair,
prohibiting giving or loaning OF GiT m'nesr, nesrs
excepting for city purposes. The briel also ohers
The bill is local bill it contains two sub
iects: and its title does not indicate the VICIOUS
| provisions which are found in the Dill ,i nsei''
| The apparent object is an exhibition TO ne mann
| tained by the city But the provision for lease
| 10 an International Exhibition is not germane
10 the principal purpose which is expressed IN ..e
! There
hat lands are TO be condemned and Sl0O00,O0O
| Of bonds are to be issued: that those lands are
| TO be turned over to private corporauohi any
that body of commissioners are 10 10 'e couferred
| in This State on any body of men. III is uhcon-
| stitutional to condemn lands by power OF emf
nent domain for the purpose OF an eSnol%n @ o@ ,Ic
| Worlds Fair Such is not pubic use OF the
| lands and the condemnation proceeuihes wouiu
| be unconstitutional and void. All OF me prop.
erty-Owners are in favor OIL anscation Wcaid Their
proSerty was acquired years ago. Taxes
and assessments have been enormous GUS
the the MARKET Eiet'' Public improvements are going
on all about it, and rapid transit is IN lne near III
future and sale at present prices woulu w
The statement has been made that there is no
intent to condemn any lands & Which tho b pro
permanent exhibition uses shall pe erected onis
| upOn lands acquired owned by SAID city In
fee? There is unquestonaoy an iIenT go mere m bo e
erected permanent buildings. VINO can IeI wheu WIZ
lands will be left untouched Such blli as TINS
never before was proposed IN tne ntber State
II enacted it will be cloud on the title OF every
| foot of land in New-YorlS City. The ChemlcaI
Offices Madison Square may be seized and the
| Fifth Avenue Hotel razed TO make room for q
Worlds Fair Should such powers as these DC
conferred on these commissioners II snch a
bill can be passed, where is any protection OF
nrnner,v to be- found Property has some rights
which even Worlds Fair is bound to respect
This bill is monstrous, and should be amendeu Vi
defeated"
James A. Deerng, an owner of land adjoining
Riverside and Morningside parks said ne was
utterly opposed to the bill in its present shape.
and that he should oppose it as long and as lar
as he could. lie also presented brief recltlng M
the same general objections as the otner Duu auu,
ing that the act permits the commissioners ana
| their subordinates to be personally interested
in the land acquired by agreement or
| in work TO be done or contracts Naue'
for adapting the grounds selected to far purposes
the supply of material and erection oil buildings
| and makes no provision for the restoration aite'
| the fair is over, of the lands taken ana occupeu.
| Mr. Deering has already paid heavy assessments
| in the past for improvements to the two parks
named, and considers 1t on extra hardship % thal
he should be made 10 surrender the oeheh' 'nuS
1T is a curious thing" he remarked. that the
same man drew the bill establishing those parks
and this bill now under discussion, 50 that he Knew
what he was about and nndersto0n wao non S
| he infctng OH US MT. OlnsVc"" 'PoN' "
'" Ex-senator +. NJ. Bxby told the committee that
there were more snakes ana erpee1es III .1e dam ~,
than ever entered the Garden OF Eden aon s
wish be said Ito interfere with the aspiration,
of any man But don't wish you , TO cons'iIue,
at my expense chariot that VIII illt MN ine' n'
the (Subernatorial or Presidential CHAIR, ana nc
! magnificent figures of speech, or glowing rhetoric
or razze-dazzle oratory will compensate us poo
property-holders. .,-.s NJ. pro,vr " NJ
the city's paying less for land than it was worth
Mr. Shaw answered this question "A PISt Pt;s.S a
the corner OF One ne-hundrcd-and-t and flfth
ove he said. worth S35, 900 and subject TO
mortUaoe of 81. 900 at 8 per cent was condemned
and the owner received only $4,000 ana wa
wiped out. ., NJ p;xb,, ais that vor
| rrotnct nroperty-owncrs in their own right
Have you any amendment TO suggest! III
| auired Mr.. Coggeshall. 80 -
~ would amend TO strike out Just one pro
vision" said Mr. Bixby, gravey. and thai is 1ht
| enacting clause. / am in favor OF the "crIu
| Fair although am not WORLDS falr henu
| INIT if.you steal my property L am going 10 DE
kicker for long time" 80, ..,,..
The press seems to favor the nlli generally.
well the press does queer things at tlhes
We have one newspaper IN NeW-l orK imau u
half religious and half political They VIII giy'
Won n verse of the Bible at the head OF thel
editorial columns and then advise the Legislature
without looking at bill thinking OF it or know
inc ANYTHING about il, to rush 1t through ilk
creased lightning. Newspapers sometimes 60 oi
at half-cock as we'll as other people
Mr. Cantor spoke of the imposslblllty OF regu
latinp by judicial process the claim Oh ever.
nronertv-owner in advance of the Worlds Fan
Since that would surely delay 1t until lS9s, an
eynresscd his general satisfaction WIN une P',,s
ont measure Mr.. Fassett said that ne ais
, favored the bill, and should be inclined 10 Vo.
for il. though If il possible to make eIec,lI
amendments in time, he recommended thcir auol
, tion. He wanted to see the fair held III loO-
and believed it would be Of great conmcrclal M ao
, vantage but he was anxious to Infringe on as le'
, peoples rights as possible.