The New York herald., 1870-05-05
NEW YORK HERALD THURSDAY MAY g. 1s7o-TRIpLE SHEET

n,s vewe regard 70 the great value OF property
ma.sne ~, while he tJudge Hton) by soina into the
as, artles OF the bill and would refer to the legal
dovernor H6FpHAN--IIow much time do you con.
celve genuemen want for that purpOseY ~rlf
Judge hILT0N-About an hour and half for all.
near in vo os n M the gentlemen who ap-
Judge PoRrER-we are content with the same time
as snat taken by the other side IN .alt .s t,fI1
g Judge HILTON said that Judge Parker represented
time 70 nraas ana Az Would probably require some
Judge PARKER observed that he intended merely
rcies,,ring 10 some facts In connection with the
Governor HOFFMAN then agreed to allow each one
h0ur ana half to presenb their respective views
| -, SPEECH OF Mr.. JAFFRAY.
sald:-In answer to your invitation 10 present our
objections 10 the Arcade Railway, at this time and
central thooughiaie and principal business Street Of
the commercial metropolis OF the United States Tne
tional importance. Whatever destroys or seriously
interrupts the business OF Broadway affects more or
Consider that Is unwise and peoRs i%nolsc
TO eiye up this Immensely valuable avenue to any
which u e u s
Di propose TO undertake Is perhars the greatest
propose t. remove the Whole Of the street TO d
depth OF twenty two feet or more, thus undermining
nne-tenths oi the houses and to partially recon.
TO them They also propose to dig away and appro-
PIRATE one hundred feet on each street running out
under way there will be complete state OF Chaos
and confusion, rendering not only Broadway totally
streets leading rem side OF the city to the oher
They ask Tor only five years TO complete their work
ext y IS easy 70 see nas W0rS Of such
difficulties aud costing such a Vast sum OF money!
Is iar mere lkey 70 occupy ten than five years. It's
Wen ascertalned TACT that II commerce lie forcibly
elected from its established locality, ana kent ont
u II Tor considerable time, it finds for itself new
channels and when the old locality again ready for
ts use IL seldom retu thitheT but remains in the
new position that II has found. This was forcIbiy
illustrated IN regard 70 Pearl street. Forty years
ago all the whole ale dry goods business was done
In mat street, and u was universally considered that
trade. The great fire OF December, 1885, DESTROYED
the most valuable portion Of that street. Then, OF
necessity the dry goods trade sought other locali
tles during the time the burnt district was rebuild.
Ing. The time OF exclusion Was less than one
year year ana and yet the result was to drive away that
nve years, during which Broadway Ia to be in q
state OF confusion and ruins Can the trade OF thai
1t not seek other channelsS viii It not locate In
otner streets and perhaps In other cttesP The COR
most uncertain and costly Character M on onr mo
valuable and useful avenue Suppose that it fails
anu te company having expended all their MEANS
give up as bad job WHO is to restore The street
and make good all the damagep We ask what have
these hity-Mne individuals done to entitle them to
SUCH an nous privilege as that OF destroying the
principal street OF the commercial metropolis Of the
nation in order to try an experiment. The whole
no preience that has successfully tried or even
tested elsewhere. Opinions or experts differ widely
as to its practicabity, and the question can he de
terinined only by actual and permanent use. Broad
way, the most important thoroughfare ON this Conti
nent, which owes It's Importance to the vast sums
expended by propsrty owners on It's line, ought not
10 be subjected to such an experiment. The inter.
rrpton Of travel the risk Of danger to property and
lie, anu The possible permanent insecurity OF the
Whole surface Of the street. as proposed toogreat
to be estimated. Nothing short OF plain, impera-
i've public necessity could possibly justify the Stale
authorizes IN placing such interests In jeopardy,
even the plan were less purely. experimental. AS
proporlioned to any possible public benefit. During
the recent operat ON Of repaving Broadway the trac
work conducted with great rapidity and vet the
interruption was productive OF great Inconvenience
most thorough and substantial manner at cost Of Of
Iuy half o million OF dollars and the condition OF
tne street for travel Is now superior to what it has
ever peen De1ore yet the corporators In this bill pro-
pose TO take up and destroy this new and superior
pavement as small part OF the mischief they intend
between the upper and lower parts of the island is
highly DESIRABLE and all agree that some such means
up mos Sonshare for
the purpose OF trying the experiment. the expert
tried in Of the least valuable and least irequened
lines Of street, SO that the interruption during the
ence, and the damage In case OF failure be to the
smallest amount possible. 1t surely must be mat
ground Whether w ali IT'S weatn aec
M abpee m e" Il Is matter 81 bsSiusssn9 ussn9
no Importance where the route OF an underground
railway lies provided It has convenient and accesst.
bic stations Tor passengers to reach it, There at
this time two plans Tor rapid transit about to be
tried, one east and the other west OF Broad
way. That on the west is an elevated line
OF railway running from the Battery to Thirtieth
street, which is already completed and will he
an underground railway somewhat on the plan OF
that in London. Neither OF these lines interferes
and when both shall be in operation there viii be
ample means for rapid transit on both sides o. the
w afpuf fln foki
the t public parks which are are held il trust
beneft of the people, and approprlating them de-
pots and other purposes OF the Arcade Railway. 1t
without compensation, to the use Of the railroad
company. by declaring such use to be q
cislons Of our courts, which hold that public pro-
perty taken for public use is not the subject Of COM
ground THAT subiecting the streets and avenues to
the use of horse railroads has been upheld. But in
the case Of horse railroads the new use was not de-
method Of travel upon them, and the court held that
it was competent for the Legislature to permit such
use in connection with the ordinary and Occupa-
ton OF the streets But what is proposed Is a
use Of that portion OF the parks which the rail-
road company occupies wholly inconsistent with
the present use and breaks the trust on which they
are held by the corporation. Union square and Madi
son square, which by their creation were intended to
improve the adjacent streets so make them
advantageous and attractive, and to give enhanced
permanent value to lots fronting upon them, would
be wholly destroyed by occupation and use for rail-
read purposes. The Corporation would virtually be
dfN Nested OF this trust property With no c0mpensa
tion and without any redress for those who have in.
vested their capital in improvements in the neigh.
borhood OF these squares The bill affords adequate
security for the protection OF property along the line
OF for compensation for properly taken. The sound
principle which should govern public works Of this
character is this-When private property must be
occupied, taken or subjected TO risk for the public
benefit, or under the force Of law, the same care
should be exercised in protecting it that provent
owner would exercise and the same value be given
that far purchaser would pay. The law In regard
property FOR public many inst ances fully re.
cognZes this principle. This bill is wholly deficient
III such safeguards II there is any risk OF injury to
property growing out OF those features OF the pro-
posed work which are novel and experimental, that
risk should not be thrown on the property owners,
but on the experimenters. II they were to take and
pay value for the entire property along the lne as
in the case Of ordinary railroads. they would be ut