The Providence news. (Providence [R.I.]) 1891-1906, 1896-02-28
COURT RECORD.
Hearing on Motion for New Trial.
Cases Settled Out of Court.

Did the provision in the act passed providing
for the taking of certain lands for the exten-
sion Of Roger Williams Park, to limiting
the time In which claims OF parties TO one
year after the filing OF the record in condem.
nation proceedings affect the rights of
minor, and prevent her from taking appeal
to an award after she came of ageP was the
important question before tho appellate court
today.
The case was that OF Aunustin II. Morgan
and his wife. Janet +. Morgan, against tho
city OF Providence.
The petition of the plaintiffs alleges that
Janet Il. Morgan, then a single woman. bear
ing the name OF Janet f. Murray, on June Is.
1857. became seized of certain lands that she
was born on February ID, 1874. and in 1904 in
termarried with said Augustin II. Morgan.
and that sine had always been domioiled
resident OF the city of New York Mrs. Nor
gan claims she never had any personal notice
of the filing of the description of land taken
for the purpose named in the office of the
recorder OF deeds in this city. and had no
knowledge of the taking until February IL,
1895.
Tho counsel for the city claim that per-
sonal notice was served on her and her father
Dy CITY messenger OF tne concentration
the land. Upon motion Of the city, on Decem-
ber Il, 1895, the petition was dismissed, on the
ground that the claim was not duly presented.
Samuel II. Honey OF Newport represented
the plaintiff at today's hearing, and he made
n long argument. contending that Mrs.
Morgan had the right within year after her
coming Cf age to accept the award made TO
her. or reject it. and have a jury tx the
IL.
over the law in regard TO minors very gener-
ally. and claimed that that the rights of such
could not be affected by the limitation in the
statute under which the land was con
demned. He claimed that the language used
in limiting the time in which parties couls
take exceptions to the award was not similar
to that of other statutes of limitations, and
that in order to hold the statute constitu
tional, it was necessary TO hold that the right
OF ali parties were protected by it. Mr..
Honey made claim that the law was not
constitutional. but urged that there was no
way that the rights Of ,nors could be saved
under it. except by allowing that such parties
had the right TO decide on their acceptance or
not of any award within one year after their
coming of age. He also called the attention
OF the court TO the fact that no guardian ad
condemnatory proceedings
Incidentally it may be remarked that the
Babcoek Land Company claim also to bo tho
owners of the piece of property that the petit
uoner, Mrs. Morgan, claims TO be hers
though this matter was not brought into the
case today.
On the part of the oity, Assistant Solicitor
Baker contended that the petitioners are
barred by the limitation of time for the pre-
sentation of claims, and that as 1t would be
impossible to reach every party who might
nave an equity in any land condemned, and
that constructive notice must lie held a. sutfi.
cient otherwise there would never be an end
TO litigation over land taken under tho right
OF eminent domain. He called attention TO
the special circumstances Of this case, and TO
the fact that the condemnation had boon
especially brought home TO the knowledge OF
petitioners father by actual notice. ana that
the city did all IL could in TIE matter. That
II she and her father had neglected TO have a
guardian appointed for bor in this state. and
60 have her claim presented by such guardian.
the petitionor's rights expired at tho end Of
tho year. after tho filing of said description.
on December Is, 1892. or nearly three years
before she presented her claim. Tho limita-
tion OF a year for the presontation Of claims
under condemnation proceedings IL n reason
ablo one. il Is claimed. and has been sup
ported by tho court of many jrisdictions. A
number oi casos were cited IN the briof OF
counsel 10 sustain the claim that the provision
Of the statute limiting time for presenting OF
claims IL a statute Of limitations and constitu-
tional.
City Solicitor Colwoii said that there was
Il. ate.x II IA. s.I.. 4
vantage OF any one IN the matter, and N any
fair way out 81 the trouble could be dis
covered he would be willing TO take 40.
Continued on Page 3.