The Providence news. (Providence [R.I.]) 1891-1906, 1894-12-26
ARGUMENTS.
Condemned Lands Hearing
at State House.
Attorney General thought 40 TO SIS
Cents Foot Was Enough.
Consideration ofthe Lands Value When
IL Was Condemned.

commissioners appointed to appraise the
lands condemned for the new State
House. took place today in the
Senate chamber of the old State House.
The time was devoted to hearing argu-
ments by Attorney General Dubois, War
rem II. Peirce and Hon. Rathbone
Gardner.
There was large attendance and the
interest centered chiefly In the romarks OF
Mr.. Gardner, who represented NJ. j..
Pagan, and who tcrsely. pointed out the
prominent features Of his clients claim.
Attorney General Dubois opened
the arguments. He reviewed much
OF the testimony generally, and
gave IL as his judgment tthat from40 to 30
cents per square foot would be a fair aver
age value Tor the land condemned. He
said that the State had produced any
several well known experts, but
the petitioners were only able to
tnd two real estate men, one OF whom is
not resident Of Providence, who pre-
sumed TO testify TO absurdly exorbitant
land values. One of them, he said, ad-
mitted that he was directly interested in
the outcome, because the higher the award
the greater his commission would be.
MIR. Du bois sarcasticallyf referred 10 the
heartrending feature OF The case and said
that 1t freduently happens that railroads
in extending their lines through farming
property have TO invade little grave
yafds.
Tho State deserves a new State House
and the citizens are entitled 10 have one
on site for which they snail pay a full,
but just valuation. The commissioners,
he said, are making for themselves a
record in part, and that their life work up
to this time Is incomplete.
Mr.. Peirce nextfIeviewed the testimony
and after expressing his qualification at
the patience with which the hearings
have been conducted criiici-ed many
things which in his judgment did not
make up legitimate testimony. The
appearance and testimony OF men,
Der OF the board OF assessors was
not admissible especially as the whole
purpose OF taxation is to equalize
public burdens aud not to tx values for
purposes of this kind, and the emsrke bic
fact appeared from Assessor 1eW's testi-
mony that the lots fsrthest sway from the
center of the city are the mosS valuable.
He also thought the testimony OF the
by forced sale should not be
considered. Also, in fixing valuations,
the value OF land similarly located and
near by should be submitted. lie laid
stress on Judge Potter's decision in the
case OF Stafford vs. Providence, on COM
pulsory sales. The very fact that some OF
the lands under consideration could be
adapted TO warehouse and manufacturing
purposes with the growth of business and
increase of the town should be considered.
Several cases were cited as authority for
the statement that it Is not the forced
sale to be considered, but the actual in
trinsic and cash value of the land aud the
chances for future improvement.
The time the land was condemned was
when the court said ii wae q pu bic neces-
sity. That time was the 9th day of July.
Nov, nearly seven months before il was
decided that IL the State House was to be
built, il was made necessary that the land
must be taken from very narrowly pro-
scribed area. And for all that seven
monlhs the value of the property was
naturally enhanced. To quote Stafford VS..
the City OF Providence, IL Is the value of
the land at the precise time OF condemna-
tion is TO be taken as just compensation,
no matter what caused the enhanced
value.
Any increase in value by reason Of an
ticipation OF the projected Improvement
for W aich IL is taken should be considered
in computing the market value.
Mr., Gardner endorsed ell that Mr..
Pierce had said regarding the petitioners
generally, and then explained in detail
his clients position. Mr. Pagan had
land on Smith street on which
are two houses. One of the houses was
built less than year ago at cost OF
$500, and the States expert had testi-
fed that the house Is worth that
sum. Tho other house was built in
1877 at cost of upward OF $1,000,
and afterward paid 5000 TO improve it.
The iand, comprising $500 feet cost s1.l0
per square foot 20 years ago,as unlmproved
land and was then taxed at 20 cents n foot
and IL today assessed for 40 cents. Inde-
pendent of park or highway improve
ments it is worth today as much as or
more than il cost, and with the enhanced
value should be worth at least Sl.50 per
foot.
Mr.. Gardner would consider $3.50 or 50
per foot extortion and 40 or 90 cents per
foot robbery.
MIR. Fagan's total claim Is $4,000 in
round numbers.
Mr.. Gardner thought IL ridiculous for
the Attorney General 10 compare property
on Back street with Mr.. Fagap's property,
because the former is on the
top of railroad embankmcnt
and lined with cheap tenemenls. You
can buy land within 1000 feet of Market
Square, on College hill today. 10 moro
than ] o ser cent. loss than what land on
the square would bring
The bearing WIS adjourned till tomor-
row morning at 10 o'clock.