The New York herald., 1876-02-22

THE LAST DAYS PUBLIC PROCEEDINGS OF THE
Observation-Disclosures OF COUNSEL.
The Commissioners the matter of uptown rapid
transit met again yesterday morning for the purpose
Of hearing arguments for and against the scheme
Mr.. John E. Parsons, on behalf OF q number Of pro-
pretors owning representing real estate interests
Third avenue, Chatham street and the Bowery, ap-
peared to show why elevated road should not
be along these He argued that the
objections advanced by property owners are not ca
prcious frivolous and within the purview Of
the constitutional amendment touching upon this sub
ject
OBJECTIONS.
Mr.. E. j. vanderpoel followed Mr.. Parsons. The
speaker favored steam elevated road along Chatham
street, Bowery and Third avenue Everybody, the
present obectors included must see the necessity for
rapid transit and counsel held that the Of the
commission is to determine what line OF communica-
ton affords the best facilities for rapid transit road
This is precisely the route proposed Mr.. Ruther
ford Stuyvesant, OF the obecors, has always OPP
posed improvements. AS property owner he
has done nothing to improve Third avenue but
many of his tenants favor OF rapid transit on
the route proposed Second avenue would have
been Fifth avenue is but for the of the
Stuyvesant estate who opposed street railroads. which
have benefited them much. The speaker en-
deavored to show that rapid transit road further
than Third avenue would prove to be failure.
recess until two
AFTER RECESS
Mr.. e. j. Vanderpoel continued his address to the
commission He said that il was believed that horse
railroads had increased the Of property along the
routes travelled by facilitating access to the stores
there and therefore for similar reason elevated steam
lnes must produce a like effect Some people, how
ever thought this an open question The speaker read
quotations from several authorities prove the theory
that opening streets and in any section of
town OF city must needs be benefit to the property
along the route At time It thought that rail
should
villages, because some people thought that the prox-
unity OF the railroad these places would ruin them
Time and experience proved how iaacous this theory
turned out 10 be. In reply TO Mr.. Parsons objection
that people passing the elevated road would look
would, therefore, leave their residences Mr.. Wander
poe said that this should turn to be trades
men would gladly rent such second floor windows for
the purpose of there displaying the goods which they
might have for sale, because merchants always seek the
most public places in which to display their goods
Fortunately there constitutional objection ID the
construction Of this elevated road.
WHEELER PEcKuAM
took the floor oppose the interests of the elevated
Third avenue) road He said that opposition TO the
road is faint in proportion to the valuation OF the
property effected. In localities where property Is low
value the opposition is small and Increases in ratio
TO the increased price OF real estate the line OF the
road The speaker referred TO the limitations OF the
that constitution, and the province Of
the commission to report either upon the advisaby
of constructing the road, or, on the other hand to
limit these Investigations the question OF reporting
npon the damages that properly would undergo to its
Residents property Of high character will most
tainly be damaged by this road
said that It is true this discussion has taken much
wider range than was at all necessary. The Commis-
sioners pres sitting for specific and linn
tied purpose IL opposing counsel are right little
remains Tor the Commissioners to do The efforts
Of counsel on the opposite side dedicated thrcequar-
ters of their time 10 complaining that they had not
been given sufficient time prepare themselves
although II might take from now Till next New Years
Day for them to do it, 1874 an act was put before
no hv Rail- ad
AN ELEVATED STEAM ROAD
over the tracks OF the Third Avenue This ele-
waited road to be constructed iron pillars IN
substantially the same way that the present projected
road intend to erect their line. The speaker read
newspaper extracts from communication to the press
signed by Mr. Robert Squrcs former president Of the
Third Avenue road who called upon the city to assist
his company In constructing elevated steam road
along the very line which they try 10 show TO bc
impractcable. i was quite apparent that the Third
Avenue Railroad Company would have rapid transit
road on that great thoroughfaro unless they built IL
themselves, and that they would build Il so long
as the people Of New York would tolerate the present
condition OF street transportation Private property
cannot be taken for private use under any circum
stances, and only be employed for public purposes
after due authority made and provided, and just com
pensation given TO the former II the of
property where the line is to run the soil or the
streets tnoy then claim the right OF stopping this
elevated line but not otherwise. But although those
properly do not the soil OF the they
given right by the constitution that enjoyed by
no other proprictors--that OF saying whether not
they shall havea street road to along the line in
front Of their properties Ihey have by reason OF the
special standing given 10 them, the power OF stopping
the construction OF public improvements In the shape
OF rapid transit street road unless tribunal like
the commission now before shall determine be-
tween these private propretors on the hand and
public convenience on the other
The speaker argued at length the question involving
the desrabty or or more rapid transit roads In
New York.
The public session OF the commission was at Eve
O'clock declared closed. The Chairman said that he
wished that the abors Of himself and colleagues were
also closed
The decision OF the commission is not 10 be nnai:
the Courts will ultimately have to settle the case.