The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-07

day Inc promoters or the Dill had 1nai hearing a
the very last inquired Of tho attorney who appeared
Have you anything further that you wish 10 say
anything further that you wish 70 oners"
asked him il ho was authorized 10 cay for the In
OF the bill that ho had nothing further 10 say
In favor oil the bill
ssyery welIn said l. 'then on tho part OF those wht
promote the bill the hearing Is ended, unless the
mttec should think II best to give the opponents o.
We then went into executive session. and every
member Of ne sssop. my friend from New
give thor vote IN respect to The BILL and they did
cast their vote Yesterday afternoon, think between
hearing.
tell you, gentlemen, am in favor OF rapid transit,
but believe this bill Is bad one, ana u anybody de-
me TO give the principles which think u vio-
laies am ready 10 do TIL val do 4 Il 10
this railroad may pass through an avenue and may
dcpreciate the properly along the avenue anywhere
from tive and forty or moro per cent The opponents
OF the bill claim il Will render their property prac
cally worthless TO them have long letter here from
III have worked here for twcnty -nve years. aud the
results OF my savings and my hardships aud my earn
ings put into two houses upon this avenue, and
through there this properly IS reduced 50
that IL worth little. Y any, more than
my properly is virtually wiped OUT Now, the
ONT make Is ths:t is conceded on all hands that
property has deprecated in many cases and may de-
prccate every case, and II is clamcd by those who
oppose tho bill that II IS very greatly and in some
ruinousy dcpreciang tho value OF their property
We asked them both sides, "Have you any redrosssn
They told us MOI asked thom on both sides, AT
your property Is deprecated in value, can't you go
into court and get some redress Tor VIZ Both parties
city aud they cpn go right by these mems property
and deprecatet ten, forty or any per cent: and vir
tualiy wipe out the earnings OF lifetime. and they
absolutely without any redress.
AN AWFUL AvowAL
Now want 70 say 20 you. IN all solemnity, that
by any voice or vote Of mine, shall deprive single
property along the line Of those streets OF any
redress which they may now have III any court
OF justice. In my JUDGMENT 4 you are
prepared to to the Committee on Railroads that
your Judgment has been warped that you have failed
to give lair hearing TO this matter, then you ought to
send 1t to tho Committee OF the Whole. But II
that havo given them think 1t Is 1vc) long bear
ings, until they say have "nothing To say"
The rights OF those concerned compelled 70 cast my
vote as did, and to utter what have uttered now.
WHAT Is FEE?
Tho gentleman from Madison (Nr Shcldon asks
what is meant by the s.fec'' IN New York? 1t means
this that 1918 law passed by which the fee OF
all the streets IN the city OF Now York to be opened
Well, the courts have SAID virtually that al
though these railroads run through the avenues and de-
Some parties have gone into court and said this law is
unconstitutional; but what say to the who pro-
mote this Dill and 10 ybOdy else, Is thiSthat II you
have redress in court JUSTICE left TO you under
that law OF 1875, voice Of shall deprive
you OF one iota OF II, and am opposed TO the bill
GILBERT CORRECTED.
Mr. EccLEsISE-lt is just exactly as conceived it.
Ny friend, the chairman OF the Railroad Committee,
fails 10 grasp exactly what this bill provides He has
mlsconceptlon Of tho facts OF the case The
fee simple absolute the control OF these
TO the people of tho CITY, It Is held for public use,
residents along the limo of this avenue have no rights
in that avenue # that Is the common law and there
tore the fact that thcy como into court not having
any right, but having only the color OF a
right obtain injunction which is dissolved when
hearing had not such right as they should
be sustained in by any conscientious man. But
this deprive them Of this righta Not at all 1t simply
provides this; that before they shall obtain
their injunction they shall ME certain securities
that the injunction Will DO dissolved and the matter
Yeegated to the final hearing the case Now, whore
is any injury done 70 any itgans shores injury
beforehand they had nothing TO obtain
by the final determination Of tho ISSUE but judg-
nient for damages which might or might not be
good against the railroad company, they now have
this additional bond OF security given 10 hcm oil a
bond Of $4,000 II they have any substantial rights
the Court will protect them, and II they have
no substantial rights they have no right to go
in and harass and annoy the vested rights OF her
parties simply for the purpose OF obtaining temporary
delay. Now there is the question In nutshell Let
shy to my respected colleague from Now York, Mr.
CoZans that / do not understand that this bill was
drawn In the interests OF any particular railroad
any particular line OF railroads. whether conceived
in fraud bcgotten IN fraud, or born In raud Ger
tany, SO far as am conccrued no right hand OF mine
would be soiled by anything that was tainted with
fraud. 1t Is drawn simply IN the interest OF every
rapid transit railroad company 1t takes away no
right from any citizen class Of citizens that The law
vests IN them. 1t simply regulates and prescribes
how courts shall exercise that right and how they
shall exercise their judicial discretion under IT, But
whether the bill on ITS Taco Is mertorous or not,
whether tho bill on It's face is honest or not.
the question Is now whein acrss sha,
all its length breadth before tho whole House, and
there let II sink or swim on it's merits and II II is
the measure It's opponents say IL u.s. let 20 down in
namy but do not let II be smothered like an ill-be-
gotten child at the FIRST inception offs being.
Mr.. PuRDy's IDEAS CLEARLY EXPRESSED
Mr. PuRDY-I have listened with great interest to
tho arguments Of this question pro and con have
determined so lar as am able to do nothing that
directly indirectly stand in the way Of rapid transit
in tho city oil Now York. But the arguments OF
the Chairman OF the committee arc not
without much force, and appeal to tho
sense Of every man who desires far play. He says
becomes law. But let me remind the gentleman
that the whole ralroad interest IN this coun-
the rights Of individuals Let mo remind
him OF that maxim that tho good Of
the few must yield to the good Of the many. Let me
state that IN almost every Instance where railroad
laid there Is great hardship Individual There
is seeming damage, only to DC reimbursed
the rapid transit schemes OF New York shall not
BIO embarrassed or DO delayed by technical obections
that II a man goes into and pdrtc papers,
understand it. without bearing and procures a tenn
porary injunction, stops the workmcn, stops every
thing that Is going on he at least shalt give
curly for any damage that he may nficL It seems to
that this is far proposition. II seems to at
least that there enough in this bill 10 take it to tho
Committee OF the Whole But let mo warn my friends
from New York that while we may differ on rc!orma
tory schemes, the people united in their dcsircs
Tor rarid transit; IN tact, The salvation OF that
III mt
my vote my conduct on the floor OF this house by
the newspaper alluded TO by tho gentleman IRON
Chemung, Or. Rockwell-) The New YORK HERALD
was the paper, and the editorial in which IL
stated that gentlemen who voted against this bill
would be called .sstrkcrsn If shall see occasion
vote against the bill shall do SO, but until learn
that this bill Is not the interest OF rapid transit
shall want 10 have II considered. No damage can be
done by careful consideration II It is proper bill
then let consider II In the Committee Of the Whole
do not regard it as reelection upon the Railroad
Committee.
DRAWING COMPARISONS.
In fact, my friend Dr. Hayes very active in having
the Beach Pneumatic matter, which was reported ad-