State law required legislative-segregated funds for any land appropriation

Evidence

Even with Heckscher’s contribution, the court fight did not go well. Commenting that “it would be a pretty state of affairs if a state commission could go about seizing land with gifts provided by private individuals,” Macy’s attorney, Charles H. Tuttle, later a Republican candidate for Governor, said that if Moses used the money to reappropriate the land, he would be confessing that the first appropriation had been illegal—and Macy and his partners would be entitled to damages for that first appropriation. And the second appropriation would be as illegal as the first because, he said, state law required that the money for a land appropriation come from legislative segregation, not from some other source. — Robert A. Caro, The Power Broker, 894

Categorization

  • XREF: Connects to the law-merchant grain about states requiring specific institutional funding channels and Moses’s willingness to stretch or break legal forms to get his park built — the recurring pattern of Moses operating through legal loopholes and private money. — connects to: Appropriations acts carry legislative directions beyond mere fund listings — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2577; Moses appropriated private land before completing state-mandated negotiations or funding — Robert A. Caro, The Power Broker: Robert Moses and the…, 808; Legislative power cannot take property without the owner’s consent — John Locke, Second Treatise of Government, 171

Broader Connections