The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-26
ILAI ID / nANNIl.
Argument Of Judge Emott Against the
Hayes Bill to Stop 1t.
NECESSITY OF ELEVATED TRACKS.
Then Advantages to tho Streets They Traverse. Making
Them Business Thanushials
E INENT DOMAIN
Rights OF the Public in all Streets
and Public Places.
AN OPPRESSIVE AND UNJUST BILL.
[pY TELEGRAPH TO THE HERALD

Before the Judiciary Committee OF tho Assembly
Judge Emolt delivered the following address, opposed
70 the Hayes bill, which would relegate rapid transit to
the remote future. Judge Emott's remarks were
listened to by crowded audience and the following Is
tho text Of his speccn:-
Ansr stating that he appeared IN place Of Judge Porter
way Complain he said that he had been furnished with the
copy j the bill New York has been waiting for rapid
.asls for gres, many years and Is waiting for il now
.o@s period isi, :, that these proposed road. g
csns e, tue need, Of the city OF New York and SAID
. hs ~ an
.na On rs nen sa n IRE ron Forty
ten minutes. These trains, which running the
ssn on 70 s sn ns &
OF me Of the structure aud character
you soud and another Ike Four. then
@ yoa s
they run along and also ms that might be
the Elevated road and less time than they could De run
where they have to make stoppages The difficulty 10 In
STOPPING STARTING
The objection 20 the trains Winch arc running on the
S. y hs d ar 70 os run on ss
small engines. and they trains consisting Of
as!op they do. minutes: whereas stop
sas rum s s
Harlem Unless you can get whole avenue running the
any place they will
ro.a II the sras.urs Belonging to the Ser Esvasa
Railway company covering Whole Width Of the avenue
answer which se said ~s:
IL ss s IN Sss sss
a. avenue for that purpose Does anybody believe
condition Of things the money from cannot
cst in tho msthods not BY popular opinion
n.s % I1 ~ G s
the thing could 10 dome and BY the various
NMI PRACTICAL SOLUTION.
Here shi. road carrying 1000 daily People
on he east side Of tho Park beeaa.e they can get from
say other Here i proposal put the drsen
mich Rss route .s By
ittee intelligent body Of men, composed Of General
equal essscssr and when yoS say they have done
wrong and made msases IN thai. road you mppsHH
which By judy. admission would stop ,hs
ana other 70 hear him make .aS.ssa.iy
s.fssr,.s. ssn.s ne, special
Z aud saia Sssss Inc '' TO- Judge
csms.os.'. assumsn.. and yet he :. come. n
proceedings courts or otherwise provide compsnsa
New York and prevent their going any arsher in Whist
he considers to be an injury 70 property owners
.o REMARK 'H Ss 1 made s0G IN tn. course Of his
asked rhs,hsr anybody wOna build such
II 1876 In which kinh avenue and Broadway were
snnoy.ncs and iIcenvsnsnce Of this thing on the poor
,S.aa .g. and s :. s shat =.
that but am sure such remarks can have no weight what
.; s ss & S :; s ,sss
who have their daily living have 70 reside
New York avenues business avenues
70, and say # you look into hs
tore you or y you go 70 New York and examine Tor your
will lind Il Is not Injurious 10 property along The line
IS where that us"d and sSad s
ssd Sna vent @ s
windows. and hs experienced nconyenicn, from It. Ito
had family, OF course. he said he would rather
IT, .would"'s Ike to live in Fourth .vs Has
Out Of tho road Of horse car There must be road 70
furnish these conysniences and some OF tho public
return tor the benefits and advantages he
enjoys suffer some 20 pay for those
iisgss
1t Is said these elevated railroads going destroy
the s.srednsss Of second story in bindings What Is
Of the hrst story Il Thoughts when elevate
roads 70 the second story an Invasion and should be
have devsed-these story Of which,
Ss Window Of s avenue . they zee ns
twenty miles hour on the elevated road The truth is
OF travel is flowing up and down continually
vantsgss Of living in great avenue to taste the In
WHAT THE POOR WANT
In regard to tho poor people in the first place go and
ssm hs Or
minutes faster than they they would give up any
CHARACTER or STREETS CHANGED.
turn routes trac IN place
Of residence Who lives in Bro.dwsy' Il s.rse,o
the same thing woaa IKE 70 have you 20 and compare
this completed through IT, With seventh
between sixtt and Eighth seventh Is the most
South Filth Is in the condition. aud ,fit Is
ever brought into place OF business will be by this road
alton OF this very road by the deyelopmen, Of the side
to live tue side streets become the place OF resi-
Now you may ask Mr.. CnshmsS, large proprietor On
Ninth avenue aud no will confirm what have been stating
New Wy York; property A''ae' = wen "' citizen .
LAW or THE STREETS ~ sxw Yoax.
substantially, OF tho OF New York in regard
% yH With sS
as sns sw s S .sss
II his argument before This committee said the stress q
which were the streets made BY the Dutch government
s .ss was sssS BY a, sSS of Appss that h
New York lie said there was such streets except
s.reets He seemed think those
ATT = & In 81 to s"s r@
NO donl ne fee OF the streets was In the adjacent owne
stree. without invading the property Of the man before
law rom tho Legislature 70 Do g. Without esmps.ao
According 10 the Law OF the state New York Is not
es e nat ss
property is taksn lie has In the court The bill
does not TO change the OF damages II
puts IN the hanas Of who has rot nov any claims a
all the right TO entirely stop the building Of the road until
hs gets damages from the company.
MT kuggies Does this bill propose 20 give damages
for the depreciation OF adjacent property
Judge Emmett-f Cont know. n Is does 10 is wrong.
Judge Comstoek In his speech then to there
was third class OF streets laid according 10 the Of
lsi3 and states he was there had been decisions
which had the opinion that title
these was N the Guy Of New York and the owners
had nothing which would enstc them 10 compensation
lie said that all wrong and in point OF fact the ada
there had right compensation tor the In
jury done them by laying down the tracks In front Of
tner houses If he IL right there what egsaon does he
want say take those three classes Of streets and they
embrace all the streets ia the city Of New York. aud have
demonstrated that hs clients have the power
redress all the wrongs which they suffer
CRY srafrTs DIVER rHon COUNTRY ROADS
This b IL applicable TO the state Of New York. The city
must have aud d. exercise far rights Of properly
the soil OF the than held In reference
Try highways II you house in the country tho public
has Tree right to walk ana drive over the ghway but
that All They cannot excavate and build wants into H.
You can Every city needs not only surface the
streets but II needs the SOIL pipes
fire NH miles and lam