New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-27
YESTERDAYS ARGUMENTS.

court Judge Church announced that the court had de-
cded TO sit six hours to-day and four hours
thereby giving ten hours to the case which long
time as seemed 10 be practicable to the court and the
counsel must arrange to divide it between them.
Vim. NJ. Evarts said upon consultation with his assO-
GATES ard also the counsel opposed to him. they had
decided that the best method Of in respect
the tiWe at their disposal would be that the cases
should be argued separately be counsel jill both Of
the cases. and had expected to make only argument
and that in the last disposed Of saving the observa
tons applicable to both for the single production
OF his arguments therefore he would not speak on the
first yet IL he could not have much time in the
argument of the second he would have in arguing
both. might be question to whether he would not
argue on both.
Judge Church inquired which Of the cases was to be
taken up first
Mr. Evarts-Tho Elevated Railroad. Mr. Parsons and
Judge Comstock speak OH our side in that case.
MIR. PARsoNSS SPEECH.
Mr.. John f. Parsons then opened the case for the
opponents. He spoke to the following effect
The appeal is by Rutherford stuyvesan Jesse A. Mar
shall aud certain other properyowners from an order
Tem on tine npe S' co he TIM edn
fmng the report of what through the argument, would
the provisions of the Of 1870 In 1873 there
incorporated i'll the State Constitution provision to
this effect The Legislature shall not pass private or
local bill IN any of certain cases, among them being
n cn OF Of fnms the r o sy down ra
road track also that of granting to any private corpora
tiOn, association, individual exclusive pNlltSe.
immunity franchise whatever; and then it provides
that law shall authorize the construction operation
consent the half value OF the property
bounded upon il is obtained or i'll tne consent OF
Term of the Supreme Court III the district may appoint
commissioners who snail determine aftcr hearing OF
all parties interested whe her such railroads ought 10 be
constructed or operated, and Their deerninaton con-
Tmed by the court may be taken n tr OF e consent
of the General Term confirming the report OF ne three
commissioners claiming to be appointed under ths pro
vision OF the Constitution.
Mr.. Parsons declared that the object OF the act under
which the commissioners were appointed IN New-iork
to get Ound that provision of the Constitution He
then related the facts about the appointment of the COM
mission and their report the latter being read ~ him
court presented the objections 10 he elevated
road and the commissioners action, as oWs:
The road partly built is now and is lntend.l to be
% fcet boTe The sdeWSlS and passing amos coati
the windows one or the other side OF IT, reefs
selected Tor the elevated road is the most Va ua'le
in the whole City Of New York from the Balery
Of improved property md the best improved properly
which almost exclusively occupied by stores and l.r-
sons i'll business The testimony OF ihoSe ilosa coipS
tent to give il that the entire vane oil the properly
occupied by the new road Is some ana .SFo
from that to 80 per according to whether II Is
sbie benefit or at the upper end where there VIII some
possible benefit arise by bringing II III connection wiih
road is along The most improved portion and Is moi 10
be supposed that persons VIII occupS iSt III oo id
, passes. -. -, :, A., A.
commissioners Had acted enormously III the principle
which they applied to their determination OF Tue route
and also in Tic Steps which they took To arrive ut that
decision. The commissioners bound to consider
tne rights OF prOpcry-owncrs equally with the rights OF
Ing and taking testimony they simply received ailaa-
Instead of announcing what me plans were 70 De-
in order that the ncls might aIec OF
posito to them. they waited until the , .ah-
ns OF testimony ,n was o pr%sca iS'e" COMPANY
and examined the plan taking statements ana aridayts
of parties Interested in the company, without giving
their opponents chance 10 prepare counter 600
Notwithstanding the fact that there were over 3,ooo
different pieces property affected belonging to over
LOGO different persons tie proceedings began IN
January there was no practice picsCfloeu, anu VIC
direct TO at all they claim that teIe was
such due hearing as the Constitution anu i9e aet 9r
mowers TIE only questions 10 be submitted 10 them by
the General Teim were sLaii te ratVaa VI H
ments OF rapid transit Instead OF answering THESE ques
tons with simple affirmative or negafe' UG h'1 n o
say that they consented to the road being operated
The next point is that the Supreme Court commission
els Rad no after the expiration OF 90 days
from the organization of their board ana neither the
LEGISLATURE nor tie corporation Of tine City of New-iork
has right 10 app oprlac tne Guy see'S Io no use
OF an elevated railway Abu,ng owners have an M
erest or compel the streets TO be used 1or
ordinary street purposes. of winch tlty cannot De III
te ot te streets Is OF 1wofOd character The bed OF
the streets laid under the provisions OF me act OF
1913 is vested III the CITY OF New1ork as trustees.
Other existed by dedication or pcsGpptOh VI
were lad under the rule OF me ,hSisu conon Jaw,
and III those cases the Zee remains III u aDG Tut
only 10 the pubic Still other streets were tu ol
under tae Colonial act OF Oct 1881 aia tie
ms that the fee Of streets iau ouo unuo o'0 o'
in the abuttiDg owner. a., .,o.i.ionors soaL to
As to the privileges which the petitioners seek 70
confirm in these proceedings go far as tha c tefOok
10 confer any such privileges. II Is claimed To nc III uc
violation or Constitution, as under ine guse 0i
general act privileges oil most YaiuaOe cuaIacIc were
gwen specially the Elevated Railway, although was
not mentioned by name
JUDGE EMoTT's STATEMENT.
rudua En,otf said that importance Of the aese
really demanded more time than the business OF the
ourt vould hermit it to give. He would avoid rhetoric
and elaboration and merely state propositions HIS
argument was to the following effect:
| The New-York Elevated Railroad Company is cor
poraton which lad scIulred " the in
CORPORATION previously chartered ana whcn mnu Soi
strccd railrOad from the Battery along l ar efc
the Mayors commissioners; IL was hot ul
~ the ACT did not authorize the company take properly
withont compens atOp and therefore ali the msunt
ahout property owing tue street vas entirely
Side Tho cIse There authority Tor the company
In take property without compensation anu Ine1 uu
So every person will know now 10 stop 'hein u" ''
T "rer made By the General Term OF the supreme
i3 ontrn,ing The determination and report VI thc
;, annoIn ed by that 10 the effect thaJ
ooctinn Inv an elevated railroad along certain streets
Ht,ven the existing railroad OF the respondents anu
between , . md depos ought be bai!t, notwitil
LANDING the objections OF certain oW's vi Popo,i
%mtIiS IN these streets is unIcgsOod 10 be ispea
%oas the ,uOceedlu2s been III Violation OF lSnto
| secured by the Constitutions; because 'ie and he
/ aie said to have cOinmilteu esaa uncnnstitntiona
and void THIS railroad is to be constructs innts
Mnoy ,ioSn Of tie CITY Of New-York is vested with
n, abso ute ute ana Zee 20 all IFS streets hrtting
INV and slecai privilege conferred upon ap''a,
I'm on les that they prevent INC uses
~ Inc street. which demanded Dy puoliC ''nI, nH
" "rtjoned by public authority, and defeat sucn pun
ana miles, they are Oveiruled by sutc!ai
i"ih1l authorized 10y the Constitution anu -, 1T
Sir The power lrs conferred upon owners ol ross
a., str,rls is not incident 81 thtli p!opt!