The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-18
The Railroad and Land Difficulty In Cuba
TO THE EDITOR OF THE HERALD.

The Railroad and Land Difficulty In Cuba.
TO THE EDITOR OF THE HERALD.
NEW YoRs, June 8, 1862
your paper Of this date there has appeared synopsis
u letter Of Don E Fesser published in the Havana DIG
rio dc Ia Marina Of 3Oth April On the 18th Of May my re
ply sent to that Journal but do not yet know IL
was admitted
The letter Of Mr.. Fesser intimates that in plead
Ssg ncompetency of the court and appealing,
awaited myself Of every imaginable resource TOT
the sole purpose Of delaying the matter oy M
volving in It questions pertnen. He as wen ~ n~
Exceency Don Jacnto Gonzales Lsrinaga, as represen
tAves Of the Rega and Aatanzas Railroad knew, anu
still know that question did not spper'an 70 the exc
sutve government when they brought II up. FOR THIS
reason instead Of applying TO his Excelency the Capan
General soliciting the appropriation OF my lands they ap
pbcd 10 the Alcade Mayor Of Guanabaooa That judge
entertained their application and the Acade Mayor Of ha
vsna did not hesitate claim jurisdiction in the
Thus nj the belief Of the actors and that Of the
swo Judges was that the question judicial and not
al executive one When the case was brought before
the Royal audience, IL ratified thai opinion by decding
ths. the legal jurisdiction was in the Judge OF Guiana
bscoa and certainly had then believed that the ques
sion was administrative one, 1t would have 30 de
sided, instead of admitting jurisdiction which after
wards declared Incompetent
Mr. Fesser forges that from the lands in question be
took out 90 eco carloads VI euildDg material besides
taklg and destroying otler things, alI that IN 6inaf
OF appropriation the exceptional and 4uenty
odious measure s limited TO the occupation Of the land
virhout other benefits. Neither does he state that IN
n bahugs he threw down house, ana that for this
damage, assessed by consent, have been paid
ro;hlg and lastly, ne omits the fact that when 40
Piled TO the Captain General for the valuation OF toe
house, not ia decentralization, bat out OF pare
necessity for having been sentenced 10 apply TO hl,
had no other resource rne house destroyed was valued
at IS 5o0 to which the law adds turee per ceot; ana
neither that the mutually agreed montny rent OIL
sos have been paid.
e protest again against the uss Of my appropriated
lands for the railroad aud IN another place against toe
benefits of the Concha suburb or apds-ss he aso knoss
that have copfounded with other alters the pro
secuion against for disrespect to the supreme au
thory.
He should have remembered the large expenditure /
made the lands to prepare Inem for the object 10
view which amounted to several times that Of the Cost OF
purchase and while those works in progress the IL
come from the property was OF course negative, as asf
declared TO the municipal assessors. He states that the
lands part billy aud in part and unfit for
cult yaon They bought for that purpose, and
the Of stone, earth ana lime 10 part,
acsy what was required for filling up the ooer and a'er
wards for building On II, when II would have been ~
once ut hand.
These materials amounting TO than 900 cart
loads, which several experts have valued a. dollar
each, Mr. Fesser thinks should DO paid for the
q, $40 yards OF emosnkment which l had eled in for
streets, and 10 form the outline OF The town, which WA
done by order Of the government approving the paa
and which were valued by Elk experts ut two dollars the
yard besides The loss OF them through the change line
For the railroad, making another plan necessary,
and the loss and murlavon OF a large nunbsr
Of lots by a change OF drainage All these, which he
omits atested facts the certificates Of which
my possession with s250OoO DANA
ges and is also in proof that besides the 20 coo square
yards which Mr.. Fesser acknowledges having occupied
exclusive Of the necessary lateral space he has also taken
26,62S yards more that know Of All this and many
other Items be thinks would be generously remunerated
IN the sum OF 81 $50 de night have remembered that
when, some years fince, he made similar purch OF
lands, IN part billy and in part marshy, after he had
merely cast he earth from the hill into the marsh
company OF which he is director valued the hiug up OF
those lanes, in 1851 at more than half million OF dollars
thai we're issued in shares.
Al MI Fesser remembers that the administrator Of the
railroad applied 10 me TO arrange price for the lands
be occupied, may remind him that the matter was
arranged after three four interviews he agreeing
the valuation OF 81 yard for what be occupied by
the rails and the necessary space each eide and
the line should take dieren. direction without ouchue
the billy land which needed and working ald
using preparing things for the time which foresaw and
which came in 1851.
queet highway which considered useful; and
he 10 learn the conditions under which govern
ment approved toe plan Of the town. he will ud that
soon as number OF ten houses were constructed the land
set apart for promenade church market &c, and natur
ally ina. for streets we're 10 be considered public pro
pery. SO that adding those for the highway and the rail-
road, which Mr. Fesser thinks just appropriate,
would have right oay to the rest that e
OF teformed places left by the line OF railroad.
Ny memorial asking for authority to build the wn was
taken up by the Az uptamiento 9Th OF February
1855, and despatched till March 1857 1t is not
strange therefore, that Mr. Fessers license DELAYED
four months when was kept back for two years, unless
there are other laws for him than for others Neither s
% the credit Of the country conducive to the safety
OF person property that the right OF property should
vain word whenever II may interest 70 deepol
otner and while despong MIN 10 attack his person with
the same object beginning with sentence without
hearing the interested party For these other
evident that the appropriation has been outrage by
force of arms and that had been legal Mr. Fesser could
have only had the right Of way, without beaef
except through the pay ment Of an agreed price
will close by citing authority which Mr.. Fesser wl
Lot ignore In hs published report on the state Of the
bland on his arrival there, page H. Gen Tacon says
Zone cannot conceive well oeing in STATE of society
where personal security AID the safety OF property
not guaranteed and made practical truth. One
conceive stability in government which carries its
tia 10 the point Of neglectng these prmorda elements
order, and which, basing its existence force,
gets that this order ia the arst condition OF It's efficacy
Can prestige be conceived in that which count
upon even the last element Of stability 10 s support?r
MICHEL NE EWRII