The Providence news. (Providence [R.I.]) 1891-1906, 1895-12-17
State House Land Awards.

Late yesterday afternoon, in the appel
late division OF the Supreme Court,
Chief Justice Matteson and Justices Sti-
ness and Tillinghast heard arguments on
the States claim to have set aside the
awards made to certain owners OF lands
taken for the new State house.
Arnold Green made the first argument
and he spoke in behalf of the State. He
claimed the awards should he set aside
because the comm issioners, in their re-
ports, say that they have taken into con-
sideration the enhanced value OF the
land snd have endeavored TO put those
whose property was taken in as good con-
dition as those whose land was left, and
because the report showed the commits
sioners had also allowed the owners too
much for their interests in the streets in
front of their land. He urged that the
only thing the commissioners could do
was to take value OF the land on the 26t h
OF May and that there should have been
no enhancing OF value on account OF the
building of the new State House. There
would be no doubt, he claimed that IL
the State mad condemned land for a
smallpox hospital IL could not estimate
the value OF the land and take into ac-
count the depreciation caused by the es-
tablishing of such an institution. II
would be compelled to pay what the land
was worth when taken ;hence, IL must fol-
low that there could be no enhancing of
value by commissioners in their award for
land taken for State House purposes. Mr..
Green also argued, quoting Angel on
Highways, that the present right OF owners
TO the land OF streets In front OF their
property was now of but little account,
and that the mmissioners had done
wrong in making the allowance they did
TO owners for their rights in the streets.
Warren X. Perce replied to Mr.. Green.
He said there was no evidence that the
commissioners by the en- hanced value of
land meant the State House lie argued
that IL was we'll known that the section
of the city where the land was would be
greatly improved by terminal facilities;
by the proposed new depot, and by the
strengthening OF Francis street, and
though these things were not yet enjoy
ed, still the commissioners might have
considered them, ana rightly so, as en-
hancIng the value Of the land taken. He
also argued that the site for new State
house was fixed by the purchase by the
city OF Providence from Marshall Woods
ana wife for 500, 600 OF lana for State
House site; that the city had obtained
the right from the Legislature to spend
this sum OF money in order to make gift
of the site TO the State and that this was
done before the land to which the COM
missioners' report referred to was taken.
Though there was no evidence that the
commissioners had done so, he thought
that they would have good reason to take
into account this purchase when they
made their estimate of the value OF the
land taken.
He claimed the allowance made for
rights of owners of land whose property
had been taken was perfectly proper
one.
Attorney General Dubois briefly replied
TO Mr.. Peirce's Rrguments.
There were large number OF Council
men present at the hearing. including
James Tillinghast, James NJ. Ripley,
Rsthbone Gardner, j. c. B. Woods.