The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-18


u>Susr nisciiafsArio.
Dir. hay nsid~ihis bhi. II u should become law
would crcr'e IA my opinion. unjust Discrimination
against elevated railroads Tue Supreme Court
over twenty-five ago decided owners OF
property along The line ol upon which q road
msLt BIO Constructed by authority law mad evcu
the shadow OF legal claim damages IN
Of that construction. This btli ans "a direct blow
tho cause OF RAPID transit, ana II introduces
law o. the land most unjust most unrgb .eous
Discrimination upon ihis subject OF damageA Iyots
4 DANGEROUS PRECEDENT
Nr. Gitchelrnereis nttie mora in this bin tina,
can be described by gentleman tho hunted tim
allowed him for cxpiain,ns hts vote. There Is an old
and familiar maxim OF law thar there is no wron:
without a remedy - So any ighls tia, any htgut rs
to-day against Tiroad company ought TO DO DECIDED
IN the courts Of this state without coming here 10 ths
Legislature aud creating dangerous precedent and
estabishng, % my mind. most dangerous
law call the attention Of members TO sec.
ton, tisn o. !, tbs act ms BIN goes
makes II mandatory upon tho Court 20 grant an in
Junction u person goes into court and says under
oath that he y ibo 70 DC Injured ] vote no -.aa
Mr. Moller-rhIs bill is Intended to become the "a.
straw that shall rreak the bies OF rapid traas
Tor rs sole object and end Is 10 forever prevent
use operation construction of any rapid transit
roaa ~ New York oty. IL goes further SIR II will
entirely prevent the OF the undcrgI eleva.ci
portions Of te railroad as no@ used by the New York
central. tue Harlem aud tho Boston railroads coming
in ti,e New York hrlo" he haren River rms bil
into New York than the Harlem River. The only
elevated rapid transit railroad IN New YORK city
today ears ns II 900 Passengers, and by extension
which was MAZE short time ago their daily average
Increased 1000 passengers. | ask you, gentle
mcn-you who are at all familiar WITH the wants OF
that city, with the peculiar topography OF that
eny-is Il r'sh', Is just Is Il proper
that such Legislation should DO had as 20
deprive that clty OF the great a great end
which RAPID transt seeks accomplish behalf OF
that peoplcg Gcnctncn, do not enact any such iegis
lh;lon no not pray yen, pass such bl NJ this 1
vote no Ef ff III
beg leave TO inform tho House hore that voted Tor
every rapid transit measure that presented
10 THIS legislature whenever | was amelnber. and
.,ls
tlationg -sough object tut OF giving
my railroad corporation OF her corporation tho
right to destroy the property along he line that u IL
proposed 10 buiid without compcnsatlug the owners
for 1t. We are supposed u represent the OF
constituency and tile interests OF the people oil that
great city Ia doing tins represent tho views of my
CONSTITUENCY, who ask me TO against any
when ocpuyes the property owner OF compensation
Tor tho destruction OF hts property.
He then au;cd 10 his name having been published
N what was c,lsd tho ''bark st' IN one OF the New
York papc,s, aud read an extract from another New
YORK paper OIL the subject Of rapid transit and then
voted aye N.8 f4 NsAsaf
OPPOSED OF LEGAL GROUNDS.
Mr.. Piper--I heard TINS matter, discussed by very
able lawyers and others tuiuk know its principles
aud PROVISIONS and any reference 10 the
question OF rapia Transit sew York, upon the legal
questions here | an utterly and entirely opposed
TINS measure Il provides ior damages ana injuries 10
properly that arc not contained any othcr law,
matter how remote they are from the noiso and
the smoke. Persons ving anywhere nons The line OF
the road who can clam mat hcy are injured Ia any
way maintain an acton vote
iNrrLARirigs rms mt
most Grade most loosely drawn, most summary and
savage that hls been uppn our ucs THIS year.
Til. GeEcriI Railroad CT o. 1890 provides the method
OF valuation OF dnm scs IN cascs q raroads III b"halt
81 ad accent propr .eor, applying TO elevated railroads
n ws c,ety otlrr Nlnd. Tins bi establishes an
en- rely new luls Of dan ages IN OF damages
Z alUweu W the General Railroad act. IL
makes an exception ~ regard 70 'haso particular
Railroads known Tic rapid transit roads. Then.
aicr making that exception, that outrageous method
OF valouton, II provides that railroad snail be
operated or used unti II has previously pad compcn.
ages md It has previously paid the opera
ton Of the road may 10 stopped An action may be
coinncEced to recover tho compensation and an ln-
Junction Obtained tho first instance before tho
acton Is determined aud operation OF the be
aclunly stopped believe mere is OF the
methods OF rapid transit ~ the city OF Now
Yorx mt what wnui die n sudden death IN case tins
bi should ass. except II may be one method, and
tnat Is thai method watch Is advocated Nv the scniie
Who introduced this BIZ tNr. Has cs) by which,
tnc gentleman from Franklin says you have got
tube underground TO shpot your trains through Fam
oppuscd 10 my uch cnanSc ~ tiis When these
pr, sent runds uuit hey we're built. and tho
money ~ the companies invested tho iath OF tho
Law, which allowed them 10 80 OF under an existing
rule OF valuation OF damages. Aud now II Is pro-
posed to stop ihem unless tacy pay b TINS now ruo
damages not then known 20 the law ! vote no.
Nj shcidon-l lay aside this question OF rapid
transit ANA look at this question lawyer. think
there has not been presented 70 any court IN thirty
years difficult question than IS presented In Ting
bill spcas IN regard TO us constilutionaity, mol De.
cause IL pinges any provision OF the written consti.
tuition, but because II l. not permissible II am right
In my Impressions, by that general limitation which
the law books cmbody; but Of that | am not
certain. ! not certain that rule OF
law which onld maie would be- Of any value tho
property owners, whose interest this bill proposes
suI'scrve. have spent great deal oil time rejecting
upon tuis que sion / have examined 1t, and have
not been au.e to reach n couclusion, and don't know
enough TO vote upon II at tho present imc and ask
10 bo excused
lie was excused
NOT TO M FnlouTENEp
Mr.. spinoa-l have never read a line OF the hill
when Is now unGcr consideration. know nothing OF
It's contcnts, but have learned since the queston
cane before us this afternoon that II ~ question 81
some considerable importance IN the city Of New
York. und wlh that UNDERSTANDING OF IL ain Ia favor
OF putting IL IN pusiliol where its merits and
merits can be discussed. DO not BE- AFRAID TO discuss
This question and try bidc away. A
question involving as much interest as TINS bin
docs TO the people Of the city OF Ne. York no man
i-'ynicn oi by any rapid tr ,nsit nonsense.
s;r ~ rapid transit ns be found IA the
Staio ol NeY I0tk uut shah be the nudge myself Of
IS Ia IT, interest OF tapd transit and what
shall no let any LOBBY cnIre around this House
and aticnH 90 make Diaek h>t.