Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1914-12-16
BOARD OF VIEWERS
IMPROVEMENT OVER
THE OLD ROAD JURY
One Fault Of the System Is
That Several Sessions
Cannot Be Held at One
Time by Members of Body

A recent newspaper article reviewed
Che three years service Of the Board of
Viewers, a body OF nine men appointed
BY the Board of Judges In October, 1911,
and who took the place Of the old road
Jury.
These men are William II. Shoemaker.
Goth Ward; Francis H. Cantrell, 2lst
Ward; Charles w. Boger 18th Ward; AL
fred Gratz, Sth Ward; William j. herns,
slst Ward Robert y. Scott 18th Ward
James NJ. Hazlett list Ward; Louis Sal
Ter, 47th Ward; ]. Parker Norris, Jr., 9TH
Ward
The article goes into some detail in re-
gard to awards, that they are fewer In
proportion than before and heard more
speedily that fewer appeals to higher
courts have resulted and that city Of
ficials manifest greater confidence, as
well as owners in the awards made.
IL goes into detail in regard to meet
inks, and suggests that IL proper accom-
fnodations could be furnished all the
members could meet or at least two meet
ings at time could be held and more
business disposed OF; and winds up as
Z follows:
"As the members are not bound by tho
testimony OF so-called experts employed
by suitors one of the greatest services
II could render would be to dlsoourage
and utterly wipe out this costly and
wasteful process and confine the hear
ings to a speedy determination OF the
actual value of the properties anected
for the essential purposes of the act ere
ating the board itself was to establish
jury of experts"
FAULTS IN THE SYSTEM.
All this sounds most instructive. but
The account fails of usefulness because
II does not nearly cover the situation.
L., hofo ~ r1
politics figured in the Endorsements, and
attorneys familiar with road law ex-
pressed guarded opinions as to the effect
the new departure would have in the
premises 1t is true that as a whole
the board has won not a little goodwill
on the part of litigants and lawyers;
more dignity has been impaired to the
hearings, and the rulings of the board
in the main have been along the limo of
protection to all who come before them,
and insistenco that witnesses should not
be bullied, but heard.
One of the great faults of the system Is
Tint three sessions cannot be held at once,
or at least two, with three members each
sitting. This would greatly expedite mat
ters, and dispose of cases probably as fast
as awards could be paid. All that would
he needed would be three modest rooms
instead of the hall of the Board of Educa-
tion. too large for one. and not suited for
two meetings at the same time.
1t must in all justice be said that in
many proceedings the board having ar
ranged with attorneys, holds meeting |
after meeting with only a series of small |
delays; sometimes those representing |
cases not appearing at all, even after |
cases have been scheduled weeks ahead. |
Having reserved the time for n particu-
lar case, and others not being ready, they
can only adjourn.
Tho Board of Viewers has succeeded |
70 the mind OF owners and city officials |
In forming a belief that there is an ete- 4
ment OF fairness in awards to both par
ties. Such awards are based upon the |
testimony of owners, builders and real |
estate men called as experts in the mat
ter OF values THE market value imme-
diately before the taking, or the change
OF grade; and the market value imme-
diately after'-both sides offer such tes-
timony.
THE DIFFERENCES OF EXPERTS.
Now. In regard to its value. 1t is fire..
Quently said by judges from the bench
in summing up land damage cases that
real estate men called as experts differ
30 widely that it could be wished there
was some other way of getting before
the jury tine market value of, the prop
eEty peiofe ana atter the change upon
which the action is based. 1t may be
imperfect, but at present 1t is the best
way.
Why has the board been able to show
euch successful results if not by the evil
denoe offered before them by experts?
Sueh men make study Of the real
situation; they are by no means in
1anibe, but they are most useful The
board winnows the chah from the whelt
and through the presiding officer on each
board, who Is also member OF the bar,
often rule very severely as to the
eligibility Of witnesses presented by
both sides.
1t is manifestly asking too much OF
any set OF men to serve on such a board,
and that their most important function
should be to buy and sell real estate, and
20 be able to form opinions themselves as
10 values all over the city.
IL Is a matter for congratulation that
the change I'm the old road jury system has
brought about much change for the bet
ter In three years With the desire 70
spin out hearings, so that the members
could receive Sc apiece for one more
meeting, obvious attorneys We're not
slow TO see that 1t was mot wise" 10
shorten the hearings
All that Is now past and gone. Even
Y some OF the members OF the board
were inexperienced at hFst. that eondi-
lion 70 now succeeded by experience use.
ri both TO the city and the citizen.
LESSOR.