The morning times., 1896-04-24
HIGHHAY let NOT V0ID
Continued from First Page.

ton with other provisions For this reason
chiefly the learned justice who tried the
case set aside the verdict and declared the
law void
The court revie wed the opinion of Justice
Cox in regard 10 this, and then continued
Section 10 is imperative by failure
to conform to the necessary operation OF
sections S and 8 10 accomplish the object
OF speedy condemnation and rectifica-
ton OF streets in localities where i'm
portant, some provision should have been
made for the creation Of definite taking
districts so that the work OF
condemnation, laying eff and assessments
OF expenses of streets should take place
promptly without complication with
Others"
Another defect is that the assessments
when confirmed by the court shall bear
interest from that date notwithstanding gthat
Congress may not accept them for a
year.
The court further said That Congress
has made no appropriation for the i'm
mediate payment OF the compensation that
may be assessed does not render the
act invalid 1t is q serious Inconvenience
aud may result in injury 10 the private
owner that he may have to remain in sus-
pense, but this is an incident against
which there is no remedy, provided that
period-
The court asserts that it cannot gree to
the contention that il the invalidity OF
either of sections IL and 1 3 or both be
established. the act as a whole becomes
imperative and must therefore be de-
claTed void Even if the whole OF section
IL had been declared void the general
object of the act would not be impaired
What has been said of section II applies
n 4
has been declared Invalid That section
might well have been omitted altogether.
II is but one OF the modes in which the
property condemned may be in part paid
for.
cox WENT TOO FAR
The opinion concluded: Whilst We con-
cur witt. the learned trial justice in his
refusal tOenter JudEmentin accordance with
the verdict, we think thathe went too far in
declaring the whole act imperative and
void and dismissing the petition. The judg-
ment will therefore be reversed and the
cause remandea with direction To modify
the Judgment in so far as il diSIniSses the
petition and toreinstate the cause for further
proceeding therein not inconsistent with
this opinion"
In the opinion OF Judge Alvey, in which
he diSsented in part from the opinion of hhs
dSscNldttS lc Sdl4 Jilttt bilt STOHliuS OF Tue
| decision OF the court below are supposed
| TO be apparent in the eleventh and fifteenth
| sections OF the statute.
There is certainly no sufficient ground
| for contendinG that any OF the other prOyis-
| ions of the act are amaRable TO cOnstitu-
| tionaI objection" said he The most that
can be urged against some OF them is that
| they may give rise 20 difficulties in their
4 practical application"
| JUSTICE ALYEY'S DISSENT.
In discussing the eleventh section OF the
! act the chief justice said that it seemed
proper and just that tho injuries suffered
| and the benefits received by the proprietor
as owner of the rest OF the land should be
| taken into account in measuring the COM
| pensation. 1t is not always apparent, how
ever. what injuries shall be allowed or
/ benefits estimated.
! it sustained the objection that the statute
/ makes no provision for the immediate
i opening and Improvement Contemplated
1 The extension OF the city limits is a
/ work of large and extensive proportions ''
1 said he, and cannot be accomplished all
| at once or within short space OF time
| 1t must be done gradually, as the public
needs may require the Improvements. The
I plan of the extension is intended 10 sub
4 oOAfC q SAChS PttDite OIJtNNs h4t4CtNA- hCNCo
sity, and also promote the private interests
of property holders along the line of the
| improvements"
Closing, the dissenting opinion said: " This
! order. in my opinion, should be reversed
! and the cause be remanded to the court
| below so that the verdict OF the jury may
| be set aside, and that the appellants be
| allowed to move for such other and fur
| ther proceedings in the premises as they
may be advised to be proper"