The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-20

by purchase or years Of occupation. Butwho
is the city? that has been represented as an ar
tihcial corporation, mere fiction. Ought not
they who have boen notified TO appear here,
be paid, andipaid full comPensationP They
say in effect, the City Council is not The city,
the City Solicitor is not the City, the public
who travel are not the city; therefore, this cor
poration shall take this great right to use a
definite slip without pay This corporation as
reward for its great skill ant' enterprise snah
be installed in possession and reap all the ad-
vantages of long years of labor nd care Oh 'ne
city in making superior streets This CITY H
the representative for great publ 'c-tne peo-
ple-and as such buys property foi the puol,o
use, and if any person converts it 10 private
use, its care is to make defence and to see tnat
It is paid for. What the city owns, an tnese
gentlemen want, will rent for thousands oil dol
lars by the year, and in value can only pc es-
timated by millions.
Without alIuding to these corpo vntors Win
prejudice, we ask, what have those h'eDtlenoan
done to entitle them to this monopoly ,7s pub
| lie property-something taken that belo ssss to
us? What have these plaintiffs done or sgBnt
TO merit and deserve this forcble alienatior ian
SO summary manner of avested right? They
expended perhaps the profuse sum of $2,623
cents in securing within lawyers Office in
few hours time, certificate of the incorpora-
tion of FIVE persons to manage railroad, and
they seek to get by your verdict at once,
right to connect the depot of the L. NJ. r. r.
Co. with that of the o. & M. r. r. Co., which
they willingly would if insured to them, pay
one half a million dollars for. Yet, abandon
ing tho oity's rights, these supreme gifts are to
be tost over in to the lap of the give powers"
as a mere trife.
The gentlemen who want figures, cry out,
40 we want no monopoly-any other Eve cit
liens can do the same thing" Let us see what
comfort there is in that to the other five COM
panies imploring the City Council, with large
sums for bonus in their hands. Suppose anotk
or company files its proceedings of incorpora..
ton, and makes its statement of route for con-
domination of the same route you now are esti-
mating? This very Cincinnati Street Railroad
Company, these eloquent attorneys, will abound
in figures. They will say we have verdict of
jury-this is our private property. If you
take it you must by law pay us "fuH compen-
aation." That is Constitutional right-go
,,,, Tsido of us ifyou can--do as we have done
hnt y, mt touch us. The "fgures" thon
would bs i'm, 7osing-gentlemen from Ireland
norhors wonid telegraphed for to demon
strate that the strin 10, 'ured to them was worth
untold millions.
We ask you, then, not to fritser away your
respectability. The people look to you to pyo-
tect their rights--the wrong done them will be
done in your verdict, if the value Of these
grounds with its sovereignty be despised The
proviso of the Constitution is in your securing
to the city as to a citizen, "fulP' compensation
in money. 1t will be ne favor to them to have
a small verdict-if you content yourselves with
allowing but paltry sum of say two hundred
thousand dollars, it will then go on. The pub
lie signed paper favoring Street Railroad,
but there are none outside of those interested
who prefer the condemnation plan-it only de-
feats or defers the plan of granting routes by
Council.
Litigations will ensue-vexatious, expensive
and long continued-if this unreasonable pro-
ject is pushed further; it postpones healthy
and proper plan, popular with all. Mr.. Ghol-
son alluded to aprinciple which he commended,
and gave it authority of good book which,
with respect, I must say, is not found in the
Book of Books---that if great evil is loaded
on your neck, you must bend to the yoke, TOR
if. it be evil, it will fall, and if good, il
will be easily borne. No wise men so do-re-
sist this evil and doubtful good at the begin
ning--arrest its first footsteps, and when each
of you pass along the streets you will have the
satisfaction and the pride OF having lifted from
the neck of the people a yoke too grievous for
patient endurance, and avoid the scCrntul mp
and mocking words of an outraged people,
pointing you out as the ones who, by their YER
dict, gavo Cincinnati into the control forever
of giant monopoly-which name and fame
would stick to you as q stain as long as you
live let your verdict be such a one as will not
cause you to be ashamed of this days deed.
Judge Hilton then proceeded to charge the
Jury.
the CITY has no right TO demand com flpensauOn
for any inconvenience to the general public or for
| any damage, loss or Inconvenience which may spe
cially affect individuals For injury to the own
OF property adjoining the streets used, the statute
| has reserved in express terms u right OF action
against the company. AS TO such injury, therefore,
| the Jury will not Inquire in this proceeding.
"The city has the care and supervision OF the
streets, and the duty is imposed upon them OF keep
ing them In good order and repair and free from any
nuisance obstruction, and IL Is liable for any
gect In that respect To enable 10 TO discharge such
duties has power to collect taxes, &C. to have and
keep replenished treasury. 1t Is to this extent like
an individual liable such, and entitled to rights
as such. To the extent the proof in this shows
that the pecuniary interest of the city is affected by
the OF the streets aforesaid compensation is due
'Thie pecuniary interest may arise from increased
cost in repairing the streets, in any increased eX-
pense in constructing repairing sewers cisterns
| water works. may be required. Wherever thos6
matters may be affected and above what is ordi-
narly required, the city should be compensated and
| made whole. .-.
| This repair or construction the city would still
have right to do, and the use of the company does
not preclude the ordinary or necessary uses OF the
streets for the appropriate purposes Of street in
city The CITY, by this proceeding is not shorn OF its
rights OF supervision police, ordinary control Of
the Streets consistent with their by the
railroad company, as mentioned in their statement
The city has right for compensation for the fee
simple of the ground Of the streets, for that is
sought to be Appropriated. The interruption of the
ordinary uses of the the streets by increasing the
cost or expense to the city, ii any, the company
| m