New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-21
ELEVATED RAILROAD SUITS.
COMMISSIONER PROCEEDINGS TO-DAY.
VAST INTERESTS rNvoUvED-EFFoRTs OF THE
COMPANIES TO PREVENT TRIALS
RY TILE COURTS.

BY THE COURTS.
Proceedings Will DO brought on for hearing before
Justice Andrews, III the Supreme Court Chdmoois'
mis- morning that probably involve greater amount
~ roperty and directly interest a larger number OF
rroperty-owner than any other motion that has ever
been made before tho courts. These arc the proceed
ings instituted by the NewYork and metropolitan
Elevated Railroad companies 10 have commissioners
appointed to apprase damages b abutunS owners.
These proceedings arc taken in the four or I'VE hun
dcd cases that are on calendars of the court for
trial but not in cases in which no action has yet
been brought; 1t being tho evident purpose of the
companies TO prevent by this procedure the determine
ton OF the amount of damages by the courts
The court year begins on the first Monday of o.
to,er few DAYS before that time notice given
10 the property that the application for the
appointment of commits soners would be made on Oc-
tober 81 On tho strength Of this the attorneys for
the elevated railroads the first Monday Of THIS
month, when the courts opened went before the
Judges and asked to have all the elevated railroad
stricken from tho calendars because the com
missioner proceedings had been Instituted. But the
attorneys for the prOpery-owncrs showed mat even
II the cases were tried before tho commissioners, this
would in no way relieve tho courts because the COM
mssioners could only the future damage, and
the question Of past damages would still have to be
determined in the courts creating the necessity
for trials in every
The courts on the other hand, could dispose of
tho entire question Of past present and future dam
ages in one suit. II also cOntended on the part
Of the property owners that the commissioner pro
ceedngs were begun fl good faith; that past
perience showed that 1t only where commissioners
assessed very small nominal damages that the com
panies accepted their conclusions. and that whore the
commissioners awarded such substantial and fair dam
ages as tho courts accustomed 10 give tho com
panles arbitrarily discontinued the proceedings after
! having laid upon the property owners the useless
I 20 flo al
| Supreme of the Common Pleas and SUI
perfor counts after deliberaton denied the motions
and decided that the trials must 60 on before them
Thus one Of the great objects Of the companies failed
But of course the motions for the appointment Of
the commissioners will be persistently pressed this
morning; they Will also be persistenty opposed
! by the attorneys for the property owners The
chief practical reasons for this opposition arc The
expense OF two trials, the arbitrary control which
the railroad companies have the cases by theil
right TO discontinue whenever the proceedings take
a shape that is not pleasing to them, and, more thar
| all tho improbabflity Of securing tho appointment
! Of Commission by Justice Andrews, whose member
are either able disposed to apply to the assessment
Of damages in these tho principles Of law Will
which continued litigation for ten years has made
| tho Judges Of the courts thoroughly familiar.
| There have been few isolated in which
commissioners have been appointed by other Judge
| than Justice Andrews. But on each occasion las
year and this year wnen tho railroad compane
have desired 10 begin wholesale proceedings they
have brought them before Justice Andrews Las
| wear Justice AnGrowss decision was reserved dur
ing the whole Of the months and rendered jus
a. the courts opened IN October This year the motor
! f. made in October. Property owners say that
! they could be assured OF tho appointment by The
curt itself Of commissioners of the same high char
| acter as wore recently named by Justice OBrien
without allowing. Justice Andrews did last year
the elevated railroad t. have voice In naming on
az the commissioners. there would be less objection
But i'm any case the say they would far rattle
trust tsir causes 10 the decision Of impartial Judge
thoroughly familiar with the law than to the iude
| ment of commissioners unfamiliar With these prin
| railroad - companies for the amount of their com
| pcnsat!On.
The commissioners appointed by Justice Andrews
last wear held their sessions IN the same building il
! which are the offices OF the companies, and the,
| each received from the railroads so an hour Will
stting-a much larger amount than Is prescribed by
| statute.
! The property owners will resist the proceeding
| upon number Of technical grounds, ann II commits
sioncrs are appointed, appeals Will doubtless b
| taken. II is said that there never has been Op
pOrtunity 10 have the question Of the legality OF sucl
| apooInfI1cnt passed upon by the appellate court,
General Term tho proceedings have been arbitrarily
discontinued by the elevated railroads, as they hav
| a technical right TO do, upon the payment of costs
! Unless however. they substantially abandon thei
right 10 condemnation Of property by commits slOners
n nearly all The at present IN the courts they
VIII now be bound 10 take the judgment Of the highc
courts on the question.