New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-08-09
FOR THE ELEVATED RAILWAY.
DANGEROUS PROPOSED AMENDMENT TO THE
CONSTITUTION.

DANGEROUS PROPOSED AMENDMENT TO THE
CONSTITUTION.
To the Editor of The Tribune.
Sir: There Is now pending before the Committee
OF the Whole In the Constitutional Convention an
amendment which has attracted much atten-
ton but underneath which turks a bold attempt OF
the Manhattan Railway Company to embody In the
Constitution OF the State for its private purposes
principle radically revolutionizng the policy that
has hitherto prevailed in the organic law OF this
State At the opening OF the session q member Of
the convention from this city. Mr. Marks, intro.
duced a proposed amendment to the Constitution
providing that where private property was taken for
public the damages should be determined by
a Jury An exception made where the State
was the moving party. In that event the amendment
providing that the damages should be determined
by a commission of three Freeholders, which is the
general method prescribed In the so-called con-
demnation law which Is embodied in the Code
OF Civil Procedure. The amendment Of Mr.. Marks
referred to the judiciary Committee OF tho
Convention, made up of the ablest lawyers in that
body. which committee reported, unanimously We
believe against the amendment on the coming
Of the report spirited debate took place in the
convention. the subject fully discussed on both
sides and by decided majority the adverse re-
port condemnng the proposed amendment was
agreed TO- Mr.. Marks then introduced another pro-
posed amendment which provided that the property
In such should have the privilege OF
having his damages determined by jury. This
amendment OF Mr.. Marks came back from the Com.
mttee Preamble. but amended so as to read as
follows
When private property shall be taken for any
public use. the compensation 10 be made therefor.
when such is not made by the State, shall be
ascertaincd by jury when required by either party
in interest. and and 4; required such COM
pensation shall be ascertaned by not less than
three commissioners appointed BY court OF record
shall be prescribed by law
Preamble by amending Mr. Marks's second proposed
amendment have submitted the matter in exactly
Iiberateiy overTuled the judgment OF the Judiciary
New and Sha the i 81 S for hs
change? The present methoi OF assessment OF dam,
Of the State why then this persistent attempt to
got a jury trial? To those familiar with the sle'
waited road litigation in this city answer these
Questions is Very easy For years now the Man.
haitian Railway Company ha. pursued policy or
of citizens II has taken until compelled to do so by
the strong arm Of the lax" some years ago II da
succeed in sneaking through the legislature an
amendment 10 the Code drawn In the once OF *, rs
the purpose OF a Jury trial Had the amendment
been construed mean what it was Intended to
mean, It would have resulted in d'orsani5ng ana
disruptng Al equity practce N me sac o,
NewNork. Fortunately The Court OF Appeals heId
in very Legislature has bobbed up this proposed
amendment IN some FORM or other Only h 70 oe
exposed. And It hobs up In the Constitutional
Convention There Is no cal for IT, NOBODY vans ms
mde themselves with the idea that in voting for 1t
they opposing corporations. let them not ue.
celye themselves. They who vote for IL serve only
the Manhattan Railroad. Should It pass, with the
overburlened condition already or our circuit cali
cndars that corporation would gain still more time
before being compelled 70 pay for property rights
! appropriated without right now sixteen years ago
Under the peculiar method OF trial prescribed ny
the Court Of Appeals in these elevated railroad
suits a jury is not proper bohy 10 assess tne
damages Rents OF large number OF houses are
offered in evidence for period covering many
years. and only skilled Judge or commission
with due elaboration could reach Just result on
such testimony. The convention should resolutely
and vigorously put It's foot on the bold scheme OF
this elevated monopoly. not only 20 put on paying
its Own damages. but also to render the pulliins
OF a real rapid transit system thing necessarily
many .,ears distant. The vote on this amenhfne'it
VIII be closely watched. j should be buried where IL
| has already once been buried in defeat. . =,
| New York Aug. 6. 1894. l. T. H.