New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-02-13

scheme which impracticabe and their object
was to pave the way for elevated railroad extern
siOns."
III Harlem there Is the same widespread feeling OF
i'"'E"auoh ana II. X. White. property owner in
one hundred and w enty eighth st. gave eAprsson 70
H. "As a properly owner hc remarked ..who IS
seeking justice in claim against the road / wonld
IKE TO say few things on these matters think
that the appointment Of Mr. spencer TO the Eapld
ir'hHlt commission was out of place. lie being a
partner of Mr.. Morgan. ! not think II is prouor
10 nave the Commission composed OF men connected
III any way with the elevated railroad 10 decide what
KIND OF railroads we to have for r,pd transit
think there Is too much liability Of colson Having
property In Observation-Disclosures eighth St am
interested in having Commission OF different kind
understand also that Mr. Spencer has been director
OF the suburban Elevated Railway and that these two
railways the Manhattan and the Suburban. are hand
ana glove with each other. and think that any one
connected with The one would be liable TO decide in
favor OF the other a certain member of tbe ieeis
nature, Who Is now referee in these elevated rail
io'u ldhu damage eases. and who has been making
speeches in favor of the elevated railroad was very
anxious to take against the elevated road
lie was anxious TO take the cases and came in nv
house Win his partner who is younger man. and
attended the meeting Of the propcrr, OWNERS"
Mr.. White is right in his Surmisc that Mr. Spencer
was director with Mr. Gould in the Suburban Rapid
transit Company, corpora ton Low owned bv III
Manhattan people In Trow's Copartnershlp Drcctorv
Tor March, 1e9l the list of directors of The Suburban
company Includes J. Plcrpont Morgan Samuel spcn
Ger, Jay Could Cyrus W. Field and Russell Succ
Thus ii appears when Mr. Spencer WAS anp,in,cd =
Rapid Transit Commissioner he was "a codlrector
with Mr.. Gould
But almost the same may be said Of Mr. Inr0n
lie not only made tour OF the South with Mr.
Could the two leaving this city on February B. 1891
in
Interested. but he actually IN the same bos,d OF
directors with Mr.. Gould I'm the Richmond Terminal
me railroad directory shows that among the officers
OF the Richmond and West Point Terminal Railway
III the year 1850 were John H. IDman. PRESIDENT and
George W. Gould director, etc. and the same publ
cation for 1891 gives the names OF Mr. Inman and
Jay Gould as fellow members Of the board Of directors
so that in the appointment of Mr.. Spencer and Mr.
Inman the Tammany Mayor named as Commissioners
TWO men who were directors in Mr.. Goulds railroad
properties. As TO the third Co nmlsSioncr, Mr.
Bushc. lawyer says that lie heard the elevated
counsel nominate the same Mr.. Bushc as Tie choice
of the elevated roads for Commissioner. Thus 1t
appears that these three new Rapid Transit Com
miSSioners have all along been men I'm whom the
elevated roads had reason for hope No wonder
that the elevated referees in the Assembly
active to shut of the investigation pOposd b. Mr
Malby.
Another Harlem claimant David Allen Of Second ave
and Onehundred and nj ncteenthst.. as unSuccess
fil as MIR White in securing settlement Of his claim
In relating his experience he said 1--WE began our
action years ago. You suffer very much from
the smoke and dust OF the elevated trains. We think
that should have been tried long ago. have
often attended court and Others who interested have
also done so when could not spare the time. The
property Involved Is church, and suffer very much
from the nuisance. We naturally anxious TO have
unbiased referee take charge OF If indeed We
are ever going TO have it brought TO trial"
John Purcell whose widowed mother owns the build
Ing at the southwest corner Of Worth-st. and West
Broadway, Is particularly Indignant over the way In
which the OF his mother has been treated His
father a member Of the Tammany Hail General
Committee for many years, but the services which he
calm ' ADJUSTED sn o2 o There sre Two Elevated
railroad posts and -four tracks right In front OF % build
and cinders. The action was brought in February,
1890. She has lost day after day In court, without
getting her to trial. She cannot understand WHY
her case Il not tried with the rest and why such
referees are shOse % to pass upon ee a that III.
was exceedingly anxious TO lave his case trel.
has been delayed several years when II Is tried,
fashion,
Lawyers as a rule are reluctant to say anything
that might be construed criticism Of the conrts be-
fore whom they have TO appear but these cases have
been treated In such manner that forboanncc has
ceased 10 be either a Nirtu" or discretion III thc
Judgment Of several members Of the bar some
lawyers talk with great plainne,s The re
marks OF Eugene ID. Hawkins. Of the firm OF Hawkins
| q Dclahrld. might be cited as an Instance of thlS
the elevated TO try the most Of them were reached
| for trial more than year ago, and We have been
trial. Cases against the elevated roads appear
| the calendar one day and disappear thu next Win
out tn" knowledge consent OF the plaintiffs lawyers
cases before referees drag on from week TO week. the
elevated roads refusing 10 proceed more than on" day
AWE week. and IN some cases ,hry refuse to make , 's
referees consent to not more than one hearing "A
week; cases before referees take twice a' mach time
70 try and the awards are as rule very much less
| than those ~ the courts
No. D'n IS a gave ~'a s leaf m y% hi.
experience ii have "A number OF elevated
general situation of the opinion that it is fraught
| with grave danger to property owners: welcome
| the right direction"
William G. Icshlam talked with characteristic free
Court judges and superior Court judges are mnGh
Overw erked. but far have been able 70 ascertain
has been tried in tie supreme Court since the court
year 1s59.l89o. ] think not over three in three
take all the courts time Referees like Hamilton
ndell Grover Cleveland and Richard H. Clarke AND ad
just us satisfactory the judges. but for various re;
sons they are no longer referees large number
| cases. We have dragged great numbers Of clients
and witnesses to court or referees great number
no more. Clients think we ought 10 find a way to
try these cases. but we cannot
L. J. Morrison. lawyer, AZ No. ~ Broadway, was
intenty stud yng the diagram OF h" jenkins dinner
which appeared in Democratic paper on SATURDAY
morning. when DIS oplHioh "do IS''u. ~ Shh'u
rs he replied a WAS Just looking at this chart
Of the Dr. Jenkins banquet, and observing how well
the Elevated Railroad Company T. represented ut
the feast. and how admirably its officers com.
mingled with the referees leforc whom these land
damage cases are being tried. See. for example here
T. f. X. Hahn. Of tho Manhattan lines: H. y
Uotchkiss counsel. cheek by jowl with George j.
Webster and Dani,l r. Martin who valiantly es
pousrd the elevated railways cause at Albany on
Wednesday, Further IN Is another batch OF those
referees Including Police Commissioner JOHN C.
Sheehan, inst now u prime favOiiic with the Man
haitian people: W. s. Andrews. Wright lolcomb. John
|
Is merely fortuitous bnt people who have claims or
who represent claims against the elevated for damages
don. to property feel somewhat uneasy, not To say
uncertain when they their referees and Assem-
hlymen whose drtics at Albany are to restrain by
~