New-York tribune., 1878-10-02
CONDEMNED BY THE GRAND JURY.

REASONS FOR DECLARING THE METROPOLITAN ELE'
WAITED LINE NUIsANCE-NO INDICTMENTS,
But THE LEGISLATIVE POWER INVOKED,
The Grand Jury of the Court Of.General Ses-
sions has had before it, during its whole
istence OF month, complaints against the
Metropolitan Elevated Railroad, its noise and
its annOyances. Evidence presented Of
the destruction Of in the adjacent houses, and Of
positive annoyancos to those using sxhave. It was at
time rumOred that these Investigations would result
in indictment OF Of the officers bat such rumOrs
set at rest by the presentation made by the Grand
Jury yesterday. which, while declaring the road nui
to aacent concludes that the only remedy
is by appeal to the people Of the State in their cOrpo
rate capacity.
The presentment, Omittlng the formal introduction, IL
follows:
"The present Grand Jury received petition signed by
very large number Of respectable citizens complaining
Of serious annOyances and dlscomfOrts 10 which they
subjected by the Metropolitan Elevated Railroad,
and asking that the road might be indicted public
nuisance These complaints have been investigated
carefully and patiently, and the testimony Of many wit
been taken and the Grand Jury of the Opn'
ion that the road complained OF is in many respects
prieyous nuisance They believe that the erection OF
such structure thOrOughfare like SiXthave. was
unfortunate mistake, and is great calamity They
believe that If the Legislature OF the State could have
anticipated the results that have followed from their
have been granted.
" But while the Grand Jury believe that road in
the sixthave built in conformity to the charter is an
evil ana gross violation OF the rights Of property
owners and residents the vicinity Of the line, they
also satisfied that many Of the evils complained Of
unnecessary and may and ought to be remeded at Once
The dropping of oil and cinders upon persons passing
beneath Is wholly unnecessary. So Is the generation OF
the unwhOesOme and dsageeable gases with which the
engines hll the streets and the themselves.
1.-THE great aud OYershadOWing EVIL which, more than
all others makes the road unmigated and perpetual
nuisance il the noise and while undoubtedly noise s -
separabe structure yet considerable part
OF the noise may Is believed, be avoided prevented.
This noise to those who live do business the
line Of the road within 200 feet Of f. Is most into-
cradle nuisance especially IN the night when the streets
are comparatively quiet, and when, ll0m tho
that there was no necessity for running trains
at all. Il certainly violates that provision
manner to the least inconvenience TO those
who occupy premises adjacent and UPON the streets
through which the railway might pass
Tne Jury, Therefore, would present the Metro
pOlitan Elevated Railway public nuisance IN Its
Unparalleled OF private rights and OF public COM
fort safety aud health and they earnestly request tho
Court To lay this pTesentment before the Honorable
Attorney General Of the State aud before the Legsla
when shall assemble In order that steps be
taken 10 redress outrage which they confident
would never have been sanctioned had It's enOFnity
been realized The Grand Jury have not presented an
indictment because they Of opinion that GRIM
ua proceeding the best abate the nuisance
OF people viii be vindcaed by he courts and by the
! Legislature. DAVID u. FRANCIS, FOREMAN
| "CHARLEs W. KENT Clerk.
Passed unanimously"