The Dalles times-mountaineer. [volume] (The Dalles, Or.) 1882-1904, 1896-12-25
THE VERDICT SHOULD STAND.

THE VERDICT SHOULD STAND.
It is rather surprising that the East
Oregonian, which is usually just in all
things, and does not ordinarily jump
at conclusions, should take the stand
it does with reference to the action of
the United States court in the matter
ofthe condemning the properly of Seu-
fert Bros. and /. H.. Taffe- fer o right
of-way for the Cello boat-railway. The
East Oregonian evidently labors under
misapprehension OF the merits of the
cases. and believes the damages asked
are based upon the value of the land
sought to be condemned, for it says:
"What are the taxable values of
their properties, both personal and real
estate? Do they pay taxes based on
valuation of real estate, to the extent
of the sums awarded them as damages
for only small part of their real
property? Were the values on which
the damages are based creations of in
dustry or enterprise? Ifthey have not
contributed to the support of govern
ment through the taxation OF values
which they claim will be diminished
by the building of the government
portage, or if the values on which the
claim for damages was based were
never created by industry or enterprise,
but are of the forms of wealth bestowed
upon man by Mother Nature, which
they have monopolized to their en-
richment, why should they be entitled
to damages in excess of their real in
jury, or in excess of the destruction,
or taking for government uses OF their
property, the product of their own toll,
or others toll working for them?"
The value of the land which will be
required by the government cuts little
figure in these cases. The damages
that will be sustained by the owners of
the property by the building of the
road consists more in the inconven-
ience to which they will be put in con-
Quoting their business than in the loss
Of land. To show the justness of the
demands of these parties 1t is necessary
to consider but one of the cases, for
both are very nearly identical. hence
we will consider only Mr.. Taffe's case
at present.
He has certain privileges at Celflo
which he has secured by the outlay of
vast sums of money, and included in
those privileges is one of the largest
fishing plants in Eastern Oregon, con-
sisting of wheels, cannery and ware
houses. This property is so located
now that cars from the main line of
the o. r. & N. road can be run onto a
siding at the very door of Mr.. Tafe's
warehouse to take on or discharge
freight, but after the ship railway is
built, the nearest point at which
freight can be received is more than
half mile from the warehouses, and
owing to the peculiar formation of the
country, road leading from the ware
house to any accessible point on the
railroad would be expensive to build
and could never be made q good
thoroug hfare. Evidence was produced
at the trial of the case, that Taffe
would be put to an extra expense of
$1,000 year to convey the output of
his fisheries to the nearest shipping
point by reason of the building OF the
government road. This alone, to say
nothing, of the value of the land con-
demned, would in very few years
amount to more than the damages he
was awarded by the jury.
AS to the matter Of taxes Seufert
Bros. and Mr.. Taffe pay, that is en-
tirely foreign to the cases. While
they are heavy taxpayers, and no
doubt contribute their share to the
support OF the government, in the con-
sideration of the question of damages
it would be immaterial if they did not
pay any taxes whatever. The qnes-
tion to be considered, and which was
considered by the jury, if NOT by the
court, was how much the owners of
the property would be damaged and
what would be reasonable compen-
sation for such damages. This the |
jury considered in. Mr.. Taffe's caso to |
be sl7, 500, but Judge Bellinger's held |
the amount to be exorbitant.
1t Is, and should be, policy Of law
that every Individual is entitled to the |
peaceable possession Of whatever
property he may have acquired, and |
whenever such property is required
for public use, the party requiring it,
whether it be the general government,
the state or private corporation,
shall'pay a reasonable compensation
for the same. .,
Provision is made where agreement
cannot be reached between the party
owning and the party desiring posses
ion as. to the price of the property
sought to be used, and tine amount of
damages. that through process of Jaw
the property shall be condemned, and
the edamages shall be assessed by jury.
This provision was made in order to
guard the rights of both parties at inA
terest, and when such methods are re-
sorted to. all parties have been repre-
by competent counsel and o
verdict has beensreached, that, verdict.
is presumed to be just, and should
stand. r.