IN ASSEMBLY, January 14, 1830. REPORT Of the Committee on Grievances, on the petition of Zebulon Rust and others. Mr. Granger, from the committee on grievances, to whom was referred the petition of Zebulon Rust and others, REPORTED: That the petitioners represent that the said Zebulon Rust, about six years since, purchased a valuable real estate, consisting of a lot and tavern house, near the court-house, in the county of Onondaga, and made extensive improvements thereon, with a view to the accommodation of those attending the courts, and from whom the main support of said establishment has been derived;-which property was purchased and improved with the reasonable expectation that the village of Onondaga would remain the seat of justice for said county, but that the value thereof has been greatly diminished by the operation of a law of this state, entitled "An act to authorise the erection of a new court-house and jail in the county of Onondaga," passed April 5, 1828. That, under the provisions of the 9th section of said act, the board of supervisors of said county have located the court-house and jail upon lands belonging to the people of this state, within the village of Syracuse, by reason of which, the value of said public lands is greatly enhanced, and the sales thereof have, in consequence of such location, been made at prices far exceeding their former value, as appraised by the state officers; and the petitioners seem to suppose that equity on the part of the state should prompt to some [No. 34.] 1 remuneration for the loss which has been and must be sustained by the said Rust, in consequence of a change in the location of the public buildings of said county. To this petition are attached the names of many of the most respectable citizens of said county of Onondaga. The memorial to which your committee have already referred is accompanied by one signed by the supervisors of said county, confirming the statement already set forth by a petition on the part of many of the citizens of the village of Onondaga, who unite in expressing their sympathy for the misfortunes of the said Rust, their hopes for his relief and, in the language of their memorial, "relinquishing any claim of remuneration, which equitably, as individuals, they might entertain," and the amount of loss, which in this case is stated and believed to be ruinous in its consequences, is established by the certificate of ten intelligent and respectable citizens of said county, who state, that according to their judgment, the property of said Rust has been reduced in value $3,850, in consequence of the removal of said county buildings. An application, so novel in its character and so strongly supported by citizens of high intelligence and great moral worth, has received from the committee its merited consideration; and although they can regret that the public good should produce embarrassment to any one, they cannot bring their minds to the conclusion, that a case is here presented which can form a just demand upon the treasury, even upon the broadest ground of equitable construction. The committee will not waste the time of the house by entering upon the general question which here naturally presents itself, for they presume that even these petitioners would not contend that, in ordinary cases of the removal of county buildings, either justice or policy would require that the sufferers by the change should be remunerated by the state, or by the fortunate owners of the favored location; but will confine themselves to the only point that, in their view, could for a moment command the attention of the legislature. The bill that afterwards became the law which has produced the loss of which the petitioners complain, was introduced by a committee consisting of the delegation from the said county of Onondaga, who, in their report, upon which leave was granted to introduce such bill, state, that nine of the fourteen supervisors of said county asked for the location of said county buildings at the village of Syracuse, and that a majority of the taxable inhabitants of said county had signed petitions concurring in that request: upon these grounds, only, was the change effected; nor is there in the report of that committee, or in the law, even an allusion to the interest of the state in the village of Syracuse, but the whole proceedings were, as in such cases they ever should be, had upon what was supposed by the legislature to be the desire of the citizens of said county. But let us for a moment consider to what the doctrine contended for by the petitioners would lead, were the state to establish the rule, that remuneration is due to those who may meet pecuniary loss by reason of enactmeut calculated and intended to enrich the state treasury. The day is not far distant when the Erie canal will stand forth as one of the boldest and surest sources of revenue ever derived by government; the increased facilities for transportation which it presents have drawn from the main western avenues that flood travel which they were accustomed to receive; and many establishments similar to that possessed by the chief petitioner, have been rendered valueless by this diversion of business; yet who would contend that either a wise or a just policy would dictate that the state should make compensation for such losses. To present a much stronger case than the one before us, your committee would call the attention of the house to an act of the last session, for opening a road from Port Kent to Hopkinton, upon the very face of which it is declared, that the law is passed with a view to increase the common school fund, by bringing into market and enhancing the value of large tracts of unsettled lands belonging to that fund; the effect of such a road must be to divert a great portion of the public travel from its accustomed channel, and the consequences upon many residing upon the now travelled route, will be similar to those set forth by the petitioners; yet surely there is no one who will for a moment contend that the legislature, who are the guardians as well of private as of public rights, should provide compensation for those, the value of whose property has been thereby diminished, or whose hopes of gain have been thus impaired. After a full examination of this subject, your committee are unanimously of opinion that the doctrine for which the petitioners contend would be alike erroneous in principle and dangerous in precedent; they therefore recommend the adoption of the following resolution :- Resolved, That the prayer of the petition, in behalf of Zebulon Rust, ought not to be granted. IN ASSEMBLY, January 14, 1830. REPORT Of the Committee on Courts of Justice, on the petition of John Stephens, Jr. and Stephen Stephens. Mr. Robinson, from the committee on courts of justice, to which was referred the petition of John Stephens, jr. and Stephen Stevens, of the city of New-York, executors of the last will and testament of John Stephens, deceased, REPORTED: That the petitioners set forth in their petition, that John Stevens, the father of the petitioners, departed this life in the year 1805, having, shortly previous to his death, made his last will and testament, and therein appointed Elizabeth Stephens, his wife, sole executrix of his said last will and testament, so long as she remained his widow, or had ability to act; and in case of her marriage, death, or inability to act, John Stephens and Garret Stevens, his sons, and Rhinte Stephens, his daughter, were appointed executors and executrix of his said last will. That Elizabeth Stephens acted as executrix until her death, which happened in the year 1821, without having proved the will; and that after her death, and in that year, John Stephens, jr. caused the will to be proved before the surrogate of the city and county of New-York, and was duly qualified as executor of said will. The will, after specifically disposing of a part of the estate of the testator, and the income of the residue thereof, declares, that upon the death or marriage of the said Elizabeth Stephens, all the remainder of the estate of the testator, real and personal, shall be equally divided between his children, [No. 35.] 1 |