New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-29
NEAR THE GOAL
LONG SOUGHT
United Civic Associations
of Queens See Victory
in Sight.
MUCH CREDIT DUE
TO p. b. LA ROCHE
Recommendation of Organiza.
ton FavOrably Received by
Convention.

nv NNHHllNtt OI Dlil OF nights VI
the State Constitutional Convention
has drafted and referred to the con-
vention a report on the many pro-
posed amendments to this part of the
constitution. The report embodies
proposed amendments to sections a. g.,
e and of article | of the present con-
>titution on which the members of the
committee believe the convention
should take favorable action. This re-
port was presented to the convention
last week. and after a second reading,
was referred TO the committee of the
whole.
The most important part of the re-
port. from the point view of New
York property owners, is the recon-
mendation that the amendments pro-
posed by the United Civic Association
of the Borough of Queens. and intend
ed to reform the practice in condem-
nation and assessment cases, be adopt
ed. OF the seven or eight reforms
urged by his association all but two
are recommended in the committees
report.
The Committee on Bill of Rights re-
cOmmmends that section 6 of article
of the present constitution be amended
by inserting after the clause NOR
shall private property be taken for
public use without just compensation"
the following words:
Property to the extent damaged by
change of grade or the building or
maintenance of permanent structure
in, over or under an abutting high
way shall be deemed to be taken"
BY this clause all persons affected
in any way by changes of street grades
will be entitled to damages. At the
present time only the owners of build
ings, and then only under special cir
cumstances, can recover damages. If
the clause recommended by the Com
mittee on Bill of Rights is adopted,
all owners. whether of improved prop
erty or of vacant lands, will be en-
titled to damages. nor will it be pos
sible for the City of New York to
build elevated structures in streets,
as it did in the case of the l55th
Street viaduct, without being liable
for damages.
The committee also recommends that
section of article l, be amended by
inserting the following clause:
"The cost of any local municipal i'm
provement may be imposed in whole
or in part upon the private property
benefited thereby, by special assess
ment. which shall be subject TO re-
view by the Supreme Court. General
benefits shall not be assessed locally
and shall include all sums otherwise
assessable against property exempted
by law and the expenses of the pro-
ceeding to which the assessment re-
lates."
The object of this clause is to make
the city pay all expenses of condemn
ing property, except the awards for
damages. These expenses are now paid
by the property owners. Another OBJ
icct is to compel the city to pay Tor
the exemptions of lands within local
areas Of assessment such as ceme-
teries.
The committee also recommends that
the following clause be inserted IN sec
tion Z:
"Such compensation shall be paid be-
fore such taking, except that where the
proceedings are instituted by a civil
division Of the state the Supreme
Court, because of public necessity, may
otherwise direct. after hearing, but
shall require a proper provisional pay
ment."
The United Civics also recommended
that condemnation cases be tried before
not less than three commissioners or
Judges. The present constitution pro-
yides that they may be tried before
single Judge. The United GIVES
thought that it would be safer to trust
to the Judgment of three men instead
of to the Judgment Of one man. Inc
Committee on Bill of Rights, however,
has recommended the adoption OF the
following clause on this subject:
"When the compensation is not made
by the state, it shall be ascertained by
the Supreme Court without jury, or
by one or more Supreme Court com
missioners or official referees, or, with
in ,he third and fourth judicial depart
ments and such part of the second judi.
cial department not within the City OF
New York, by not less than three COM
missioners appointed by court OF rec
ord. as shall be prescribed by law
Just why a distinction should be
made between New York City and the
rest of the state is not explained. The
United Civics advocated dong away
with the present system OF trying cases
before temporary commissions OF three
men appointed by the Supreme Court
and paid by the day, but it is thought
the organization will vigorously oppose
anv attempt to have the New York City
cases trled DcIoGe Slhgle JuuSe' SoiH-
missioner or referee. Counsel for the
association, Philip b. La Roche, jr., in
timated in an interview yesterday that
he would recommend such action TO the
association. "Too much is involved in
cases in this city" he said, "to trust
the decision Of the value of property to
the judgment of one man. The general
opinion among persons familiar with
these matters, including the experts in
the Corporation Counsel S office, is that
it is safer to trust to the compromise
Judgment of three men, and that fewer
mistakes will be made il this is done.