, 1874-06-24
RAILROAD NEWS,
omplction OF Tho Chicago l. Paducah
Road.
The Tracks on Southport and Haw.
thorn Avenues, Chicago.
Legal Proceedings for tho 1ndemnlflca-
tlon OF Property y-0wners.


SOUTHPORT AND HAWTHORN AVE-
NUE. TRACKS.
ARGUMENT BEFORE JUDGE rARWELL.
The argument OIL tho motion tor making per-
pctuni tho injunction restraining tho Chicago Il
paci0o an.l tho Chicngo & Evanston Railroad
hycnua was heard by judge Fnrwelt yesterday
morning. Tho attendance Ut Interested prop
erty-ownors was fatr.
A number Of ati1avitB woro read, tho atlantis
gvcaring TINT their property would 10 damaged
from 80 to 80 per cont by tllo laying OF tho track,
nu1 TINT no compensation Ind been offered to
thom by tho Companies.
Atr. Jusson, Of counsel for complainant C1Yill-
INN Lang), claimed TINT tho ordinance under
which possession Ind boon taken lly tho railroad
companies was unconstitutional, for tho roason
TINT IL did not provide either that compensation
was to DO mnde before occupation, or q remedy
for paying adjacent owners damagod by tho lay
INK Of tho track, and provided no adequate fund
out Of which dnmngca could bo rnid. Lie aBked
that tho Injunction, As modified, should not only
stand but should bo enlarged so M to forbid and
oujom tho companies from completing tho
truck, or from operating the road Ill my manner
uutil the da,nages Ind boon assossod, anu conn.,
EensAtion paid to tho pefHous WA0He property
bad been injured.
Mr. Lackner followed, mailing tho point TINT
the Constitution OF 1870 providui that property
should not be taken or da1nagod Tor public use
without juHt o1npersatloll-sucl compensation,
il not made by tile State, to bo ascertai,ed by
jury az prescribed By ]aw; that the Legislature
had rrcHc, lbed by law how aud when compoilBn-
ton should bo mndo by the enaot,ncnt Of tho
Eminent DOMAIN Inv OF 1872, which provided
that Il jury should DO called, an1 the valus Of
-. f1k ano nf,a TINT mi
withdrawing The ordinance Of tho Council giving
tie railroads tho right to asscss their datnagcH
within Two years after laying tho track, tho con-
stitutional provislon, together With the Inv OIL
ectej under 1t, ovorleapod tho ordinance, aud
obliged tho companies TO call u jury aud asseBs
Tho Jsr!eEes bcfuro laying thu tlncA.
the defendant 11e claimoa that, tito fec
e. e. Ssssiys sspaG bsa bong Ssbs T. ta' tS f: ss
The railroad companies by ordinance, Ii
ccuRo to take pohBasBou md that 1t MAS no
ono'n blsiness whether they did Or not, nnco
legal net. II dau,nee wore doue tue property,
Tie uwuers could suo for compensation, II IL
wcro nut made in duo time. They, however,
could not proyent by injunction the laying Of
tho track on tho city'H property. lie ulso urged
tint thu English decisions on tho question Of
whnt shall 10 considered daunge to property-it
having beeu held in many cuBes that tho mero
uae of u street by rafroAtl company .wuB not o
a1nage--snould be tahon intn consideration III
constituting tho c!auho nf tic State Constitution
III rulutioA to the subject.
bIr. lux crimson cloHod for tho complainant,
making, however, no new points, but combating
thu position taken by hLr. Guudy and supporting
lliH slawH BY authorities.
T4s Court reserved its decision.
Hill. or THE CHICAGO LAND COMPANY.
f. Il. Sheltl on, II. H. Hogue, and ". s. dur-
I1tess o. the othong9 Lan9 Company
Ii1Iiruun x Hnhitfn Rnt1rnnH INN
aud tho Chlcngo l. Evanston Railroad Company,
ut tho an,na tiuo tint tho arguments
in the first cnae. commenced about ten days ago,
were in p1ogress before judge Farwetl. Tic
compianants III tho preHont cabe E.ato TINT thu
Chicuyo Land Company became posBessou in
1861 OF all tho land OIL tho west aide Of Haw-
thorn avenuc, from North nvenue to Halsted
street. Tho avenue is only &C toet vide, being
street, Nevertheless, il was wrongfulIy tahen
pussesHlou OF by Tho defendants, Eho lnd truck
OIL it about the 7th OF June. Conp14iunnts al-
lego TINT tho Chicago & Pacific Company was or
Of itB charter before tho STU of August, 1870. te
time limited by tho Constitutions, and hence tho
Company has no legal organization, In like
manner tho Chicago Il Evanston Railroad Com
within tho time i.mitod, aud its acts, too, are
only coorable.
right OF wuy I'll tie avenue III question, that tic
Company a5EeGu 10 pullQ 11aunct over North
avenue which has not been duno. It
is also claimed that tho Company was
bound to hAye tho land condemned first, which
haA likowiBa boun omitted. The other allegations
alo III substance tho game M tlloBe of tho fir4t
tlIl. Another point IL mado. that, if the 9om-
panv should bo allowed to maintain it's track, 1t
would necessarily have Hldo-trncks and be cou-
tilu,lly making lp trans thus nonopollzing tho
whole atleet. aud rcndoling 1t necessary to mitlen
it ut compainant's expense. Tho cause begun q
week or 10 ago, IL III complained, appears to DO
proceeding bv agreements alld HtlpulatiOnB, and
ihey ca1.i.Ut tell whottier the suit ls seriously
contested or not.
Complainant therefore insists that tho de-
feutlauts ought not to be- allowed 10 take advan-
tago Of their own wrong. aud 10 permitted to
leayo their track down. ThoY therefore ask for
an injunction to provont tho Companies COR
tinuing tl!rir work. aud to bo allowed to take up
tho track ulrealy luid.
AUGUSTA RLa1Tz
also feels concerned about thu notions Of the
sumo defendants, md she too filed biIl for all
injunction. SAe BtateR that s,o ii tue owner Of
severAl lots Oh Southport, Webster, and ClY-
Lonrne avenues. which Anye beon damaged to
tho amount Of Mt loust 100000. Tho Hal1o aIlo-
gations aro made in general as Ill tho two other
bulls.