The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-15
RAPID TRANSIT.
ARduIKNTs BEFORE THE COMMISSIONERS B1
PROPERTY OWNERS.


ery otnors TO location OF elevated railroads In tho
city, vas held at the City Hall yesterday Mayor
wckhm present during the morning session.
Thoehairn.an stated the order OF business and that
daily LESSONS will be held during the week, except ON
Fridg He then announced the issues before the
missbn as follows:-
What injury 70 property whothor private or cor
porte will DO wrought by the construction and opera
tionof the proposed roadS
2lIn what respect and TO what degree II any, will
DEMONSTRATION and operation OF the proposed road
1,iio accomplish the public good anticipated by its
edfoeatesS
those who appear in favor OF rapid transit solio
ied TO direct their attention to the following issues
Il To what extent il any the injuries to property
hh usi result from tho construction and operation
jr he proposed road exaggerated by the objectorsr
2 To what extent, II any, will the construction and
ptralon of the proposed road benefit private or cor
! In what respect and to what degree will tho con-
sruction OF proposed road subserve the public in
terests
Mr. John E. Parsons, who appeared as counsel for
Third avenue property owners remarked he was under
tho impression the question would now be decided
as TO whether oral evidence could be received
by the commission If any parties were allowed to
give oral testimony in favor of rapid transit he
should be compelled to ask additional timc
for the production OF evidence on his side OK
the question. No doubt many more persons
might appear before tho commission whose property
would be benefited than those whose property wouu
be injured The majority should not be allowed 10
destroy the rights and property Of the minority. He
insisted that the obectors should every possible
opportunity and all reasonable time In which TO pro-
tect their rights and guard their property from injury
He suggested that additional time should be granted
beyond Saturday next Reasonable opportunity
should be given for the nation OF Witnesses
AS to the question OF the commission having power
cdmnister oaths to persons giving oral testimony
be thought the presence Of q notary TO administer
oaths would answer the purpose. II the commission
had power TO accept written sworn statements he
thought thoy could also examine orally undor oath
administered by a notary Mr. Parsons contended that
no opportunity had been given them TO moet the per-
sons favor of constructing the road the proposed
routes Ho again insisted upon having additional timo
before Saturday
Mr. vaudonburgh, ownor OF the franchise OF tho
Underground Railroad, followed Mr. Parsons, and
colncided with that geneman's expressions. He also
commended that the commission should not limit the
time hearing arguments either In favor against
the building OF rapid transit roads proposed routes
II was understood that whom the Supreme Court ap-
pointed this commission every facility should be gwen
they had public hearing at tho present time. Star
chamber meetings had been hold by the late Commas
sioners and he was glad that such an attempt had not
been again naugurated.
Elk Judge Emott spoke on the side of tho rapid
transit road. He argued that tho commission had no
Witnesses Even they adopted the suggestion Of Mr.
Parsons have witnesses sworn by notary public
the testimony would then be only on afidavts. The
commission could not act a court and could not
sumo the right or one by taking oral testimony.
President Palmer then stated that the commission
had agreed they had no common law-powcrs and were
governed by the order Of their appointment and the
statutes They did not sit trial court and were
without It's functions Afdayits alone could be taken.
They could not 60 with the examination and
oral bearing OF witnesses
Ex-Judge Emott said he had just received q number
lima frnn 10
rapid transit road In their favor. He then called at
tention 10 their contents as tolows:-One from Will
lam Kennedy and 500 others on Third avenue They
all property owners or residents second from
the Produce Exchange. third from Thomas Fay,
dents OF the west side fourth, signed by Brown
Brothers Il Co., Eugene Kelley, Babcock h Co and
several others, claiming to own 900 worth OF
property on the streets and avenue over which 1t IS
proposed the road Several other petitions Of
q similar nature wero also presented.
Mr.. Parsons asked if any OF these sgncrs were prop
erty owners.
Ex.Judgs Emott suggested that tho Rhnelander
estate was entitled TO some consideration in tho
ter The name OF Mr.. B. C. wandelI who owned
500 600 worth or property on Third avenue was also
attached to of the petitions.
An affidavit OF gentleman VINO had canvasSod all
occupants of aud residents both sides Of Third
avenue from 1O0h street to 1Soth street, was handed
in They all in favor OF rapid transit on Third
avenue If road built in the centre of the street.
The commission here took recess until two o'clock
The PROCEEDINGS
At quarter alter o'clock the Commissioners de-
cared themselves ready to hear evidence behalf Of
the parties Directing to favorDg rapid transit
projected lines OF roads
Mr. Parsons read the affidavit OF Mr.. Rutherford
Stuyvesant. who has for thirteen years owned real
estate on Third avenue and the Bowery. This line
tans buildings that superior in value those
any other similar route In the city. The stores and
buildings above Thiry-fourlh street are both airac-
tive and valuable. The construction OF elevated
road either the middle or al either side would not
only impede traffic but damage the property, by fright
ening tlmh persons from renting buying buildings
along the way. sparks cnders and fruit refuse thrown
or falling from the cars, would DO many among
other sources OF annoyance TO people living
carrying on business the line OF road The de-
estimated the damage TO his property and real
estate the proposed line TO be at least equal 10 forty
per cent
Mr. Parsons submitted altogether over seventy ani-
davits Of persons living along tho limo OF Chatham
street. Chatham square, Bowery Third avenue Green
wch street. Ninth and other places in the city,
some or which documents nc read These numerous
Opponents all swore 10 the amount Of damage which,
in thor opinion property would suffer by tho erection
OF elevated line OF steam the Bowcry Third
avenue or any part OF the line below these streets
Some or the Opponents asserted that the loss be thus
occasoncd to property owners would equal much
ny per cent OF present values; others again estimated
such hypothetical losses at from thirty to fortynv
MI Parsons thought that with time he could produce
tho (afIdavs OF tenths OF tho property owners
along Third avenue.
Judge Emot dcsircd to put on the record his objec-
tons to having any further time allowed by the Com
missoners than that which had already boon conceded
There would not however, be any objection TO Mr..
Parsons submitting whatever afhdavits he might pro-
duce between and Saturday
Commissioner Wheeler wanted 10 know II additional
afdavits subsequently to be offered by Mr. Parsons
would contain matter different or more important than
those submitted now.
Mr. Parsons thought that they would be substantially
OF tho nature those already read and said
behalf Of the persons whose objections he had read,
that he desired 20 file proof the long array OF a
davts mentioned above. He further wished TO intro
ducc, behalf OF his DIRECTORS "remonstrancos."
These remonstraDces came from property owners on
Chatham street. Bowery and Third avenue and are
directed against the erection OF steam line OF com.
munication along this route. The rcmonstrances OF
these property owners founded similar grounds
to the adavis which had been already handed in, ana
IL claimed that the circumstances had the sig
natures OF enths OF the property owners situated
along the route
All the documents submitted by Mr.. Parsons were
ordered to be placed on nc with the secretary
Judge Emott did not desire an extension OF Time TO
don't from the presence OF the Commissioners here,
that such property owners are not willing that the
elevated should DO erected In front Of their prem
ises
ntnd "a lnalll