The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-18

pipes. The railway would be perpetual
obstruction 70 the city, in making all these
improvements. A general system of sewer
age must be adopted, and such system
could not be constructed with these routes OF
railway in full operation. Your Judgment
must assess the damage. You are to be led
astray by no sophistical pleadings OF the
Company's counsel.
Stanley Matthews proceeded in reply for the
Cincinnati Street Railroad Company.
The question for you, gentlemen Of the
jury, is simply this--what amount Of money
will compensate the City of Cincinnati, in her
corporate capacity, in consequence of the Gin
einnati Street Railroad Company occupying
the streets named by them to be condemned by
you. What additional expenditure will be re-
quired from the City Treasury, in necessary
fulillment Of her legal duties, by change
made in these streets by these tracks. All we
ask, is, that which the law gives us.
The taunt Of monopoly is understood. Any
one can bo corporator under the law, and
that is no monopoly-the old idea of monopo-
ly is exploded.
The charge is made that our rights to accrue
will be in perpetuity; they will, I hope, be per-
petusl, for when once in operation, they will
forever be commended to the public by their
merits.
1t will stand forever because II will be need
edits perpetuity will be one of profit, Of pub
lie convenience, and public blessing. If, on
the contrary these rights which we may obtain,
be exercised to the injury of the public, at the
very first meeting of the General Assembly a
vote of the representatives of the people will at
one swoop remove all our fond hopes and even
the charter that we have be taken from u.s.
What we may get may only be retained by the
will of the people. On that we are willing to
rest, for in accommodating them, our rights be-
como valuable franchises. Who Is the City Of
Cincinnati, and what is it? 1t is not the City
Solicitor, Of which I acknowledge he is great
part; 1t is not you and l, but corporation q
fiction, created for certain great purposes only
and the question at issue, how much are hei
great interests to be damaged by our occupa.
ton of your streets? What we do, we do al
quontial damages will belal us as we incur
them.
If the Solicitor places this occupation on The
list of nuisances, then by acts against nuisan.
ces will this wrong be abated. Place your yer.
dict then at low figure, merely to test thu
case, for it can be tried in higher Court
where the city will take it by their exception,
and upon error. ..e
The Solicitor appears hero for the Board o
City Improvements, for that interest of the cit,
which looks to the welfare of streets; he doe
not appear to protect the general interests o
the public. His care, legitimately, is to pro
tect the interests of the city--that her monte
be not squandered by neglect, or her streets oh
structed in their appropriate use; to seek prope
indemnifcation in your verdict of additiona
outlay required and expense incurred by ou
road. 1 tell you that he has not much to dc
for our use of the streets, instead of an abuse
will prove profit to tax payers-it will prov
gain in dollars to the Treasury by what
saves; all damages to the business of draying
to use of stores, &C., are to be decided, afte
the damage is done, as the law adequately pro
vides.
Our rights will be subject to the law, an,
will be generously used, granting all needfu
demands of the track, when required by tn
city for laying down pipes or exoavating sew
ers. A wonderful exhibit has been made Q
the hopeless condition we would be subjecte
to, to engineer public improvements in thi
city, if rails are laid in the streets. The geniu
that made step-ladders of railroads over tn
Allegheny Mountains, the sublime skill tha
bridged with a tubular passage way of iron
Menai Straits was to fail in Cincinnati t
"erect" a hole in which to lay pipe, while tn
Cincinnati Street Railroad was passing sixt
passengers, in handsome car, along the per
ilous excavation We will not be at any lille
gitimate work. We will use the streets as the
were intended for the public, and in a wa
that has never been equalled for the exemplif
cation of highest order of mechanical skill
We will make no failure-it's no experiment
Experience, everywhere, but here, to our dis
credit, is honoring this instrumentality by il
popular use. Why we have not been at wor
the City Council must give an account. Th
reasons that have kept us back in the race {
diligence, have not been those of the pull
lie convenience.
The argument urged that it will prove profit
able to the Company, has been urged again
all Improvements, which, undertaken by Con
panies, have wrought great benefits in CON
merce, navigation and architecture. The
have made money and deserved it-for in de
ing we'll for themselves they had controlliu
motive to do well for the people.
Mr.. NJ. concluded his remarks little befol
FIVE o'clock yesterday afternoon, and W.
: GhOlson, associate counsel, preferring to della
further argument for the Railroad Compan
until this morning, read the points he wish,
the Court to charge the jury--somewhat as 70
lows: Compensation was TO be made, not
any inconvenience to the general public; n
to private persons, nor to owners of proper
! bounding on the streets, but for that expend
ture which the city, as corporation, lab
for neglect as private persons, will inc
necessarily from the use claimed Of the stree
by the Railroad Company; that this expend
| ture must he that for increased cost of renair