22 Wend. 653 | N.Y. Sup. Ct. | 1840
By the Cpurt,
The counsel for the city corporation insists that the charter of the Manhattan Company «Joes not authorize the taking of streets for the purpose com
It is not necessary to inquire whether the company are confined by their charter to the bringing of water from sources without the city. If such be the true construction of their charter, it certainly furnishes another objection to the granting of this application; for their purpose appears to be the supply of water from sources opened or to be opened within the city. The question may not be clear of doubt-;- but it is of too grave a character to be • decided Without necessity.
Another objection is the alieged fact that, in no view, is there any necessity for the company taking this land, to obtain a supply of water, or attain any other purpose contemplated by their charter. It is therefore, surmised, that they want the premises for the purposes of private speculation. The legislature seem to have invested them with a discretion, nearly, if not quite absolute, as to the necessity of taking lands; at any rate, to have made them so far the judges in the matter that we cannot arrest them on this preliminary application ; perhaps in no fo.rm, except by a direct proceeding for the abuse of their powers. But here also is a question which need not now be decided.
Motion denied.