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

along the six miles, for every citizen 10 equal before
tho law and should be treated alike both as 10 person
and property
/ pESouScg IT AS pRErosrERous
Fnh-The bill should be called IAN act 10 prevents
nouuce as preposerous aud unjust to the millions
OF people who are clamoring To the law makers tor
relie. IL authorizes aud allows every Of the
numerous. not owners alone, mark the LANGUAGE. bu
a persons interested hs cssces and ofher-
wise IN the adjoining property, compensation 10 he
determined upon by the verdict OF jury, and mot
otherwise action TO DO commenced IN any court
OF record 10 this state and such damages are to IN.
cludc and embrace all SUCH 'sre past, present and
prospective. actual and consequentai, sustained or
liable TO be sustained from by tho construction OF
such road" This Is simply nonsense and ABSURD.
What Is meant by adjoining property Those words
admit OF much construction. A mans house IN The
rear OF anohers and nifty feet from the limo oil tho
railroad, Is adjoining property aud yet under this BILL
II such person. being enemy TO rapid transit swears
TO sufficient ex parte adavrs he can, without notice.
get an Injunction and so can others aud thus pending
the Injunction and suit In city like New York, where
the courts crowded. and under the many SUD-
for three years, and longer. Then there
arc appeals aud other delays, which will forever pre-
vent any RAPID transit road beng built.
Sixfh-The bill assumes that there are, or VIII be.
damages and injuries so that nunctions and stays OF
proceedings can be obtained for indefinite time with
out the proof or presumption OF also that CON-
pensaton Is to DO given for property taken when in
TACT mono is taken. II gives right OF action To mort
sngees without the slightest proof their mortgages
are even imperiied II AIMS al elevated
railroads structures only, when, II tho principle
good al ALI II 10 be good for horse car
tho New York Central Railroad and others IL makes
compensation tor tho elevated roads already built
and the money already expended or obligated under
contracts made In good iaith under existing laws
granted TO them. II provides no security tor damages
IN case any party tails TO sustain his clam.
SsrenM-fhe bill further assumes that property
owners have special rights In tho streets oil New York.
This IS not truo II may and does apply TO country
highways and roads, but IN the city OF New York Tho
ruc is different In 1913 the streets OF Now York
city LAID out ana opened, ard the Legislature
then eavo the lee 10 the city upon per.
petual trust only that the soil remain highway
forever Tor the public OF the people Of tho whole
state; that such thoy under the unqualified
conro oil the Legislature. aud any Appropriation or
thcm to public use by legislative authority IS not
n taking OF private property so as to require COM
pensatIon to be made therefor
THIS INFAMOUS BILL.
EighH-The second section PROVIDES that any judg.
mcpt recovered by any person against railroad CON-
pany (clcvatcd) shall DO paid in full before any such
elevated railroad shall be allowed 10 he constructed
run, operated or continued IN use. Why No other
law IN the world Is stringent. appeal 10 oven
allowed, ana statute language must be strictly
strued Ia no. the object ana intent OF this INFAMOUS
bill to stop rapid transtY Every man knows, or
ought to know, that Judgmen, Is good for twenty
against personal property and ton years against
real properly
NinM-The third section is SIMPLY prcpostorous.
II gives tho right TO stop the road ny injunction To
''nny person corporation whose property real or
PERSONAL corporal or incorporcal tincaning actual
or ethereal, tangible or conlingent) Is likely to
be injured or deprecated by tho cons,ruc-
tion," sc. Any person Interested therein, either
owner, lessee, mortgagcc or Otherwise, may
obtain tho injunction. No argument or remarks
here necessary. No man vote Tor tue Oil lis
and hon raliroad Tor the death, although tho
death may be occasioned by eating green apples. Tho
examines tho bill tho more foolish and out
rsgeous u appears.