The daily gazette., 1882-03-07

l.. y. Grubb, Esq, appeared as coun-
SCI lor MIR. Dean, who opened the pro-
ceedinRs by saying that the Commission
mad no right to assess damages for land
through which 1t was contemplated to
run the read. The &C. Of the LegIsla-
ture refurses to allow the company to
construct their road within the limits
OF Newark. The act as passed
states explicitly that the road shall
pass within one-half mile north
Of the limits of that town. Il
does not allOwit to go south of New
ark. As the act says the line must
90 north, no land could be condemns
ed south of the boundary laid down
In the charter. He would formerly
protest against the condemnation Of
any land, south of the northern
boundary. If the commission did SO,
u laid itself open to damages, for
taking such land.
Mr.. Bird here interrupted and
read the petition of the Delaware
western Il. r., for a commission to
assess damages for the lands in dis
pute. The petition said Mr.. Bird
rs signed by the Chief Justice and
Two associates, and 1t would be a
piece OF supererogation on you.
part to say that the Court did lot
know what it was doing in appoint
ing you.
The question was then asked If
the commission were desirous of
hearing testimony.
Mr.. +. L. Bellah replied that they
were In favor of going ou.
mr. Grubb then continued and said
that all he asked was that the COM
mission would allow Mr.. Dean lust
compensation as the laws of the State
allow, After a few more preliminary
remarks MIR. Grubb cited law in regard
to such cases. He first read from q
decision Of Judge Cooley, upon the
principle IN which assessments should
be allowed. The first point of the
decision was 10 the effect that IN all
such cases the commission was In duty
bound to allow what the value of the
laso would bring at private sale, not
a forced sale. Second, the commis-
mission must allow and give In ad-
dltion what damages would accrue to
the remaining land. After having
read the remainder of the petition
Mr.. Grubb said that Mr.. Dean must
oe allowed full damages to his land
despite the benefit that might arise
from the road, and despite what
might accrue to his neighbors.
Mr.. Bird desired to know if he un-
derstood Mr.. Grubb to say that If all
the citizens Of Newark considered it a
Deneht TO have the road built, but Mr..
Dean, must he be paid for the nom
benefit to him, If he so considered il.
MIR. Grubb replied yes, and con.
tinulng said that the lands were taken
oy company able and willing to paw
Tor the privilege. They would not
stand upon few cents. 1t is taken
by President aud Board of Direc>
tors, who know how to make monev
out of it. 1t is said that by the con-
structlon OF this new line that the
rates Of fare and of freight will be
cut down. That may be so but it
may be that the new road will combine
with the r., w. s. b., and put the
prices up. 1t may not be for the
benefit Of the many, but for the few.
de did not desire to say ANYTHING
against the road, but he only asked
that If sympathy was to be given that
1t be given to Mr.. Dean, and that the
commission would do for him as he
would do for them.
IL Mr.. Dean could show that he would
make $1,000 per acre from the
ground In truck, he asked he be paid
accordingly. Ii the railroad should take
away MIR. Deans annual profit they
should pay for it. Mr.. Bird. "Haye you
any law for that"
MI. GTubb. tYes."
Mr.. Bro. ~ will give you 500 bill
TO show IT,"
Mr.. Grubb closed his argument bv
saying that he proposed to allow MIR.
De"h 10 De witness, under oath as to
ne loss that would accrue to him. and
IL was shown that his less would be
greater than on an ordinary farm, it
must be allowed him.
MIR. Dean was then affirmed and
STATED that the line, If it passed through
his land as LAID out would DESTROY be-
tween to acres of trucking land from
which he had received as his share since
1918 the net sum OF $1,S48.82. He
would freely say that 1t had netted him
Soo per acre after all expenses had been
paid
1.-The road goes through 1t would make
and embankment of IL or Ia feet, which
would not only interfere with his farm
out obstruct the view from his house,
de then exhibited a plot of lots which
ne had laid out to sell, and stated that
The road would run through them To
such an extent that they would be ell
tlrely damaged. He had prepared an
estimate of these lots, which footed up
s!z:0OO. lie valued some OF them At
500 each.
II the company would remove the
line he would give them $1,000 or
MIR. Bird then gu estioned Mr.. Dean
at some length in regard to the value
! OF land in the vicinity of his place,
out Mr.. Dean did not seem to knew,
a number of other unimportant
Questions were asked, after which
the trucker on MIR. Deans farm was
called
The cases will be continued this
afternoon, and may probably occupy
all OF tomorrow.
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