The daily press. (Cincinnati [Ohio) 1859-1859, 1859-06-16
PROCEEDINGS IN PROBATE COURT.
Wholesale Appropriation of Streets by
condemnation.

between IenulcUOn anu OuIllullilsNlllc-tO
condemn for their exclusive use strips OF
land for single and double tracks in some Of
the most important streets of Cincinnati.
The extraordinary franchise of this cxclu
sive right of way, it is contended by the
company applying, should be vested in them
at mere nominal compensation
There has been no similar appropriation of
streets for railroads in this State, and neUer
be one Of such magnitude again, for when the
Company succeed in their present scheme, the
most profitable routes for street railroads,
West of the Mountains, are taken up and ap.
propriated.
Now this great subject is in the hands Of a
Court and of Jury, and We call the attention
of our citizens to the extent of the claim made,
and the Importance of the determination by
verdict of the jury called in mostly from with
out the limits of the city.
This appropriation sought, is under the rcgu-
lar Railroad law, which evidently intended
to provide for crossing of streets in towns and
cities, but not for condemning the important
streets of city, and travorsing them by single
and double tracks to exclusion of largo por-
ton of the ordinary travel. If the Cincinnati
Street Railroad Company are placed in pos
session of the right of way claimed, it will
transfer from the city to another corporation,
not designed by the people for that purpose,
the governing and controlling power of these
great arteries of trade and municipal thorough
fares. Should the right be given and the COM
pany be placed in possesson, it will be able to
hold its right of-way in rcrpctuity, the same as
all other said roads do, and be subject to sale
to mortgages, if bonds pledged to foreign
holders should not at any time bo paid-and
be used or not used, as the enemies of the
prosperity of Cincinnati might choose.
Should one strip be condemned, tho same
routine of condemnation might be resorted to
by another Company, and endless litigation
result. If more than one Railroad Company
should have tracks on the same streets, there
would be exclusion of other travel of course
and that would be too much of good thing
We would be glad if the City Council had en-
tire control of grants to City Railroad Compa-
nies, but would regret to see an usurpation of
supremacy by Railroad corporation, who by
the popularity Of their purchase of right, hold
themselves above the control of the city, and
having once got the tracks laid under the low
estimate that the damage to the city was but
nominal, then turn round ON the citizens and
contend that having their rights by State
law, they are rid of claims for damages to pri-
vate property.
Must this city, for mere triAe, allow a cor
poration to usurp her streets and bridges?
This company, by her line of route, seeks to
lay, without consent and against the deter
mined remOnstrance of the city, her tracks over
the city bridges at four or five points. Chan
cellor Kent contends that "the owners of land
on each side of a street go to the centre there
of, and claim that instead of suit being
against the city, each owner should be per-
sonally notified, and that a proffer of money
must be made to each one before legal ap-
preparation can be made.
The case, however, is now before the Court
Judge Hilton has sustained objections made by
the attorneys of the "monopoly" in the investi-
cation going on, to questions asked of wit
nesses, by Mr.. Hays, City Solicitor, viz: what
would be, in your opinion, full compensation
in money for the right of way claimed by this
company-exhibiting route as per Co.'s state.
ment-as to the value of the strip of land
along all the streets named-of a strip of
ground fronting Broadway and extending
through to Sycamore, including streets--what
the city had to pay for the ground of which
street conssts-what can be obtained from
other companies as bonus and yearly compen-
satiOns for routes-alI these questions, and all
such, in reference to the increased cost to city
from detention Of streets for market purposes,
street pipes, fire cisterns, &C., were ruled out.
The bill of exceptions taken will show long
list Of questions thrown out by the Court. On
this account, but few witnesses were exam
inedou the part of the city, and the examination
on its side closed yesterday. This morning at
ten o'clock, the Sheriff takes the jury in an
omnibus along the route demanded. The
Street-Railroad Company have named Mr..
Alexander Easton, author of the Eastern book
on Sire ct Railroads, to attend them. The
city also sends one man.
Tho liberality of discourse by the Judge
during the trial, and the persistency of his
rulings against the city, caused the Solicitor tc
request with 6rmness, that the Court in making
his charge to the jury should commit 1t to writ
ing. He would alIude again to the delicacy Of
the position Of the Court, who for three months
had owned stock in this Company, and whS
had made up its mind that under this law il
could condemn the streets for this purpose, anC
although in good faith, the Judge had disposed
of all interest in the case at issue, yet i
was to guard him from proeliyity to thu
opinion he had whom owning stock, tha
he asked the Court to write out the charge.
The Court said that the duties imposed tool
up much of his tinO, but he would commit tn,
charge 10 writing. No insinualion, however,
was nesessary--his conscience was clear, anG