The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-20
Suit In Probate Court to Condemn Streets
for City acknowledgement of City
Solicitor, &c,


for City Acknowledgements of City
Solicitor, &c.
This important case has been argued, and is
before the Jury. Having given pretty full
report of the argument for the Street Railroad
on Saturday, the argument made for the city is
given with some prominence to-day.
Mr.. Gholson contended that, in the esti-
mate of damages and compensation, no ac-
count should be charged for expense to city
of any prospective change of grade; that
would not be interfered with; there would
be no obstacle thrown in the way of the city
by obstruction of a regular flow of water; no
calculation should be made of interference
with the city's use of the streets when a
calamity by fire visited the city. The pro-
posed occupation is not to be as a regular
through-line which, in doing crowded
business would certainly be great inconve-
nience; will but slightly interfere with the
regular use, in common with other vehicles,
of the city streets. The transit will be
mostly passengers, and, to some extent,
freight; but, whether much or little of each,
is no concern of the city. All that we are to
look out for, is to pay the additional sum re-
quired to pay necessary repairs superinduced
by this new occupation. THE Legislature
will take care of the general interest of the
public at large, and the special interest OF
each individual-that is not the city's inter
est here, it is the result of her negligence and
omission to take adequate care of the streets
of the city. .s.....
The rights of those owning property on the
streets condemned are peculiar ones, emitting
each one to ingress and egress of his premises,
for himself, family, visitors and merchandise.
These rights if interfered with by us we will
have to respect, and are responsible for, under
the law, in civil suit for damages, for peri
cd of two years from the completion of the
road. This, then, is an experiment. Let us
try it, 1t may prove great beneft--let us
find out the damages after we come into pos
session of opportunities. By wise amend
ment of the law in '57, private property -holders
near the line condemned have two years in
which to vindicate all their rights. You, then,
as jury, have nothing to do with any such al
legged grievances. You have no right to draw
money from our purse by your verdict, that are
rightly damages of private persons. Leave
that for us to settle. Mr.. G. enumerated the
various powers of the city, as given by charter
none of which he contended were interfered
with. In fact, it was never designed by the
Legislature that juries should make estimates
in dollars and cents for strip of ground
through city streets, TO be used merely for
railroad trafic-fnd them just the damages
resulting-fnd them with facts in your eye,
not prejudice. What the city lacks in powers
of directing this Company, can be supplied by
application to the next Legislature. Com
plant has been made, that if we succeed, 9TH
ers may condemn similar lines along the same
route. That can be prevented by application
to the same Legislature, who can order that no
other line may be laid.
We doubt not the Gin. S. r. II. Co., If sue
cessful, will lobby through the Assembly such
q petition.
The double-track is claimed to be an insu-
perable observation-disclosures, the excess Of street
repair, or difficulty of laying pipe and building
sewers caused thereby, is all you can bring into
the account. The opposition manifested is
formidable; but there is one rule would recon-
mend to you, as it has been recommended to
me by experience, and read by me from book
the highest authority of all books, if a thing
that is good oilers let us have it, if it is moi
good it will fall. This work will give liberal
employment, it must be remembered, to a large
number of people, and benefit a great many
interests. Take then, no narrow, prejudiced
view of this question. Tell us how many dol
lars damage we roally cause the city for re-
pairs, &e., but not one dollar for the general
public injury or private inconvenience. Be lib
eral TO the city in giving them the benefit of all
you know from the evidence, they will actually
lose by reason Of us, and putin the account the
additional expense, If any, for additional
watchmen made necessary by increased care Of
the city, resulting from our new enterprise.
Mr.. G. entered into detail on the above
topics, speaking for one hour and a half.