The Portland daily press., 1890-11-14
RochEsTER ExTESsIoA.
Arguments of some of tho Counsel
Made Yesterday.

Arguments OF some OF tho Counsel
Made Yesterday.
The arguments ON the question of dam
ages on account Of the Rochester extension
were heard in the County Commissioners
Court yesterday.
Mr. Putnam argued that the question TO be
determined was the difference in the value
OF the several lots before and after the loes-
tion Of the extension; that all the evidence
was important only on those two points; that
IL they could be fixed to satisfaction Of the
commissioners the question to be settled was
an easy one, as they would give the measure
Of damage; that the damage was to be con-
fined to each specified lot, and the damages,
which the public generally suffered from the
operation of a railroad, should not be taken
into account. So far as the damage was pc
culiar TO each lot or affected that particular
piece Of land, 1t was a proper element for
consideration. He criticised the testimony
of the gentlemen called as experts Of value
of real state. claiming they had based their
estimate on the prospective, rather than the
present value Of the property. But the
question Of sentiment didn't enter into the
settlement of the matter. Portland Is pc
culiar real estate maket, and for reasons he
could not well understand, real estate didn't
seem to keep pace with the general growth Of
values, as many had found to their cost
when they invested in real estate years ago
that Mr.. Wescott, being interested both In
the railIoad, and as one Of the owners Of the
Fessenden field, part Of which had been tax
en- by the extension, was on both sides of the
question. and therefore his opinion Of values
was of weight.
In the afternoon Hon. G. +. Libby, attor-
ney for Mr.. Deering, was heard. Mr.. Libby
called attention to the constitutional provis-
ion which hedged in the rights of property
aud prohibited the taking Of it. even for pub
lie use without just compensation, which
courts of this state have said, ''cover more
than the mere value Of the quantity taken
measured by rods and acres. They intend
nothing less than to save the owner from
suffering in his property or estate, by reason
of this setting aside Of his right Of property
-as far as compensation in money can CO."
The court was not to forget that property
had been taken without consent Of the
owner. The constitutional provision cannot
be carried out In Its letter and spirit by any
thing short of Just compensation for all
the direct damages to the owner Of lot oc-
casioned by the taking of his land and the
use of the same for railroad purposes.
The annoyanees arising from the
sounding of whistles, rattling Of trains,
ringing Of bells, jarring Of the ground,
smoke from the engines, while passing over
the lots in question, were all proper elements |
81 H. T. Il
as they affected the market value of the |
land adjacent to the location, as well as the |
danger from fire. The location of a road |
through the residential portion Of a city |
might be accompanied by greater damage to |
property than through the parts fit only for
manufacturing purposes. The actual injury
resulting from the actual location and opera
tlon of the railroad is to be settled at once
and for all time. The manner In which this
road had cut through the Deering field, sew
erlng one part of the upland from the rest
by cut &C feet wide aud from 10 to 20 feet
deep. added to the injury of the rest Of the |
lot. The manner in which the grade of |
Grove street had been changed, building 1t /
IA feet into the air. and then descending |
with grade which made valley half way |
bridge six to eight feet above the level Of the /
field, was another element Of damage be- |
sides Disagreement of the landscape, and /
must prove an annoyance to every one that
had occasion to pass over that street. Ac-
cess to the lowlands had been cut off by the
change in the grade Of Grove street. which
was now nine feet above the grade of the /
MARGINAL Way, where 1t formerly join ID
Grove street at grade, aud the only avenue
left for access to Longfellow avenue and the /
MaTQinaI HaV nv Vann 2WeADtnQ L
round the sides of this inclined plane |
While sentiment, by itself, did not enter in
to the question, still, so far as the construc
tion of the railroad affected the sentiment
values, it was legitimate subject for con-
slderation. The land owners had /
presented the testimony OF persons who had |
dealt largely in zeal estate in this city and |
taken and the damage to the adjoining land. |
The concurrence of opinion was that the
value of the land taken from the Deering
field was not less than 20 cents a foot. and
that the portion cut off below the location
was rendered largely valueless to the owner,
and that averaging the damage to the rest of
the field It would not be less than four cents
foot. These estimates were confirmed by
testimony showing the value of land even |
less faYOrably situated as shown by sales |
street, opposite the Park, less slightly and de-
sirable for residences than the Deering
field, is worth 45 to 60 cents loot, Within
which limits all land in Deer,ng pasture Is /
held. Sales by the city Of Portland on Port
land and Grant streets, in the vicinity OF the
almshouse, afford a favorable basis OF COM
parison when considered with reference to
their relative value and location. The re
spondents were hardly disposed to accept
Mr.. Wescott as an umpire in this matter for,
while he might be interested on both sides
of the question, as stated by his counsel, as
president of the road he could not
colt, privately, lands at high
price, and his interests would lead him to
make settlements at low values. Mr.. Wes-
colts connection with railroads led him to /
minimize their inconvenience. In fact, he /
seemed to think railroad running through /
a mans back or front yard was rather an ad-
vantage than otherwise. Itappeared In the |
evidence that while his estimate OF the value |
OF the low land connected with the Deering |
field adjoining the Marginal Way was three |
cents, he had paid as high as % cents to Mr..
Deerlrg for piece OF flats in the neighbOr-
hood OF Grant street. This difference illus
trates the advantage Of taking a mans land
without his consent, and placing your own
estimate on the damage, instead of being |
Obliged to purchase at rates mutually salts |
factory. In face of a divided public sent-
ment. the Portland & Rochester railroad had
insisted on locating its road around public
PARK. and girding the city with its rails, az
serious loss to private landholders anu IN
convenience to the public, who must 80 IRI w
NIL and then down hill, aud then up nv ~
again. In order to get out OF town ~ way 49, "
Gr0ve street, The railroad has nau Iss ,""}t
Private preferences have been lgn nlrsassad
chA hAt,lI 81 h % /