The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-07-13
CITY ELLIG ENCE
FOr Additi0nal CAy lnIeatqenoe see Fltth Paqe.

THE EXTENSION OF PARAMOUNT PARK
The following reports were submitted to COun-
ellis Yesterday
To the Select and Common Councils of the eity
of Philadelphia
Gentlemen:-The Joint special committee ap-
pointed to inquire into and ascertain whether
improper influences we're used to produce the
excessive award made in pursuance of an ordi-
nance appropIiating ground ior public purposes,
passed June "a, 1854; and to whom was also re-
terred Resolution of instruction to the Com
mlttee on Law, directing that Committee to
inquire whether or not the ordinance of June
~ 1864, can be lawfully repealed without sub
Jecting the city to heavy damages, and all other
matters of law or fact connected Herewith and
with the sessment of damages TO the said
owners" respectfully report that they held
thirteen meetings and examined many witnesses,
as will more iully appear by reference to the
testimony, which is hereto appended.
The Committee regret to have il TO state
that Mr.. Elliot, one of the Jury, although sub
penaed and notified to appear, refused to obey
the subpoena, and they were without the power
10 compel his attendance, defect in the law
which demands correction. Having heard the
evidence and carefully weighed it, the Commit
tee have arrived at the following conclusions,
VIII
First. That the jury was not composed of such
persons as should Eave been selected for the
determination Of such an important matter,
involving the expenditure OF nearly half
million of dollars. The evidence shows that
they certainly lacked both integrity and iudg-
ment Two of the jury, no wever, were honor.
Marks, If the jury had been composed entirely
OF such men, the public must have been salts
fed with the award.
The evidence does not show that any other
influences were used by the property owners
than suppers given occasionally, sometimes at
the property, and at other times at the Falls of
Schuylkill, the latter in very sympathetic
way, a custom which the Committee do not
hesitate to disapprove of and condemn, and
hope it may soon be abolished. The evidence
of some OF the owners shows that they were
applied to by the jury for extra compensation,
and if some OF the Jury are to be believed, Mr..
Erwin agreed 10 raise them $1,000; and If Mr..
Erwin is to be believed, the statement OF the
jury Is untrue. and merely fabricated to screen
themselves The committee leave it to the
public TO settle the question of veracity from the
evidence. The committee have no hesitation
in saying that the award is in many of the
cases excessive, and having been made by
Jury majority of which lacked both integrity
and judgment, ought not, as to these, be con-
frmed.
Secondly That the Committee are of opinion
that Councils have not the power to repeal the
ordinance of June o. 1864, and if they had, it
could not be done without subecting the city to
heavy damages; and, therefore. the city can
only look to the Court having jurisdiction of the
whole matter to protect her against SO gross an
imposition and wrong, as the confirmation of
the excessive awards would be.
G. b. HANCOCK,
ito enable report to be made).
JOSHUA SPERING,
JAMES PAGE,
JAMRs H. ELLINGTON,
JAMES A. FREEMAN,
H. MARCUS,
Ito enable report to be made)
To the Select and Common Councils of the
City Of Philadelphia. .-Gentlemen: - The un-
dersigned, minority of the JOINT Special Com
mittee appointed to examine into and ascertain
whether improper influences were used to pro-
duce the excessive awards made in pursuance OF
an 'ordinance appropriatlng ground for public
purposes passed June 27, 1864, not being able
TO concur in the conclusions and opinions ex-
pressed In the report signed by majority OF the
members of the Committee beg leave to report
that after an extended investigation, and as
thorough one as the limited power of the Com
mittee to cause the attendance of witnesses would
permit-having heard the testimony OF number
OF the property owners interested, their agents
and attorneys, five of the Six jurymen, as the
law officers of the city, and the assessor OF the
ward in which this grouno is situated-they are
satisfied that the testimony thus ELECTED fur
nishes, in the language of the resolution under
which The committee have acted, Sufficient
reason to believe that improper influences were
brought to bear by those interested in obtaining
damages in excess of the real value OF theil
properties, to cause such excessive award"
The nature of these influences can be bes
determined by careful perusal OF the testimony
principally OF Mr.. Erwin, the agent OF the iron
works property of Wheeler " Co., and OF Messrs
Boyd d Sloan, two of the members OF the jury
by whom the award was made. While the ties
1imony of these witnesses is not harmonious
but on the contrary so fatty contradictory as Il
or the other OF them, these facts are not dis
guised, viZ.:-That the jury, or majority o
them, were led to believe, as the result OF fire
duent conversations on the subject, and from
the throwing out of vague hints and promises
that a liberal compensation would be thei
reward for the extended time taken up by tn
proceedings and the limited pay allowed them
This is borne out by the testimony OF Boyd, VIII
swears that he eIpected to receive money iron
one OF the owners or his agent, MIR. Erwin, TO
his services on the jury. Upon what just ground
these expectations rested, mIst be decided, IN tn
present aspect of the case, if not by the conhic
ing testimony itself, it is to be hoped by tn
parties themselves before proper tribunal.
The testimony OF Mr.. Erwin also aludes {
an attempt made by one of the propert
owners to influence member OF the bar, MI
was a member of the Jury; but owing to tn
failure of Mr.. Price to attend the meetings {
the Committee when notified, the alegatio
was thus compelled to rest upon insufficient tel
timony.
The testimony Of Mr.. Sloan AYERS that he wa
on several occasions, promised good thin
by Mr.. Krupp, one of the owners, whic
ended after repeated inquiries what kind
good thing was meant, ln "a good su
per-" The testimony shows that suppers wei
the order OF the day, having been given both 9
the ground and at the Falls of SchnYlklll,
Messrs. Erwin, Krupp, Fricka, and others. 4
means of basng the minds OF jurors Dy the
character and frequency the undersigned deel
these suppers Improper influence" so peri
cious in their effects as TO call for their speed
abolishment.
In view of the great importance of this matt
to the Taxpayers of Philadelphia, involving Il
expenditure of nearly half million of dollar
the undersigned deem 1t their duty to say tha
while the nersons selected To dAtermine up(