The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-20
Al iI,O'olock, Mr.. Hays, City Solicitor, pre-


AT t1so'clock, Mr.. Hays, City Solicitor, pre-
ceoddd s1ilh the closing argument.
This Company, in their Statement" hrSt
demanded for condemnation strip of land in
length afty-6vo miles, of which thirty-six
miles were along the dedicated travelled streets
of the city-all Of this valued, as per evidence,
would amount to sum between four and hve
millions of dollars. The present demand is,
that you shall transfer to this Company the
control of near twenty miles Of the main ave-
nues Of this city, which by reasonable compu-
tation would be worth three millions OF dollars
These proceedings are of great Importance, anu
remarkable. If this Company succeed in this
undertaking, and obtain such verdict as they
| seem to expect, and are relying on, predict
that all legal gentlemen will regard it as the
most remarkable and important civil case that
has ever been tried in this county-and warn
them in the beginning, if they succeed in i'm
posing upon the people, as law, and right, that
public streets Of cities can be so occupied, 1t
will provo to be the most remarkable inRova-
tion and injustice on record in courts-for
reason, then of its importance, your undivided
attention is solicited.
The Constitution, which controls all, and is
above all decisions of Courts and enactments of
Legislature, provides that where property shall
| be taken for public use, compensation there
fore shall first be mado in money, or first Sc
cured by deposit Of money; and such COM
pensation shall be assessed by jury, without
III for hona 70 IF ha
owner.
By the act regulating Railroad Companies,
if it shall be necessary in the location Of any
railroad, to occupy any road or street, the
terms of securing right of way to the corpo-
ration, are to be the same as when private
property is to be appropriated, the Same as
| when your farm is to be condemned, and the
Constitution expressly declares, ono right of
way shall be appropriated to the use of any
corporation, until fuH compensation therefor
be first made in money, or first secured by a
s0,, >sit of money to the owner, irrespective of
a., ho,., Ft from any improvement proposed by
..,. .. ~" No other law can be exc
cutcd against this PR. a.,
with this provision. The owner mere III Tn, 'nlS
Court is the City of Cincinnati, La ''O
| ~ w " ~ 'N " ' es
ton, not nominal damage, but such dannsk
as other railroads pay for like cOndemnations.
This corporation seeks to get from us an OK
elusive right of way-they will exclude all
others when they choose to use it. They talk
of chances of repeal; don't you be deludedinto
| att acti IN foil xyha
once the track is laid down, if we may judge
by the experience and endurance of other suf-
ferers, it will be fixed encumbrance as if
bedded in the primeval granite; the judgment
of the Court executed in their behalf and in
vested in them, the right would be eternal;
from this time forth, the city would be at their
mercy for all the important purposes for which
she should have eminent domain, changes of
grades, use for market spaces, to close up, va
cate or change the line of streets; to build and
repair sewers; to lay down or take up gas and
water pipes; increasing expense of such repairs,
and the regulations of the streets for the ac-
commodation of those who must necessarily
use them for deposit of bailding materialsj
letting out use Of said streets for compensation,
and the selection of streets so to be used. On
coming to the evidence in this case, 1 am re-
minded Of the taunt made by Mr.. Matthews:
"That we were not willing to commit ourselves
to figures" We introduced Mr. Horne, who
has bought and sold more property than all the
corporators have ever owned, who could have
given full figures, bad not the gentleman cried,
81 object"
When Horne, Terrence, Hooper, Wayne,
and ether witnesses, whose competency and
means of knowing were presented to the jury,
and intorrogated on the very points at issue,
the gentleman cried I object" When they
were asked, what would be full compensation
in money to the city of Cincinnati for the right
of way proposed to be appropriated, the cry
was al object" When they were asked, what
is the value of the ground proposed to be used,
the cry was ~ object" When asked what was
the cost to the city of the ground taken for
streets, the cry was az object" When asked
what had been the cost of filling and grading
of said streets, the cry was ~ object" When
asked what was the privilege of using Front
street to connect the Railroads, the cry was az
object" When asked what could the city OBJ
tain per year for the grant of the privilege
sought to be taken, the gentleman cried az
object" The gentlemen who speak of our
poverty of figures, objected to enquiries as to
cost of bridges to be used, their worth, the
price proper for privilege of their use-now,
after all, such objections, those who hate
to hear the word monopoly" hate figures
worse.
The testimony given by old residents, all
agree that double tracks in Western Row and
Hamilton Road would grievously interfere
with the use of the streets. The witness
Easton only excepted, each one bears testi-
mony to the impossibility Of ordinary transit
with two lines of track and trenches opened
in the street. What does Mr.. Easton know
of Cincinnati streets, in winter and summer,
the year round, when crowded with droves
of hogs, and loaded wagons of lumber, &C.?
You who know will not take the testimony of
man just from Cork, or fifty others such,
| foI h,y4