The star-independent. [volume] (Harrisburg, Pa.) 1904-1917, 1915-05-07
Lawyers For the Prop
erty Owners Obtain
Extension of Time on
Hearings
TO TEST ACTS
OF ASSEMBLY
Serve Notice That Their Clients will
Conted for Pay for Improvements
Made Since 1860, the Date Front
Street Was oficially Plotted

Taking the position that the City in
acquiring the "Hardscrabble" section
for the purpose of reopening North
Front street, from Herr to Calder. must
pal dollar for dollar for each and every
dwelling and piece of real estate, with.
out regard to whether the buildings
were erected before or after 1850
the date of the formal plotting of that
part of Front street--attorneys repre-
senting Hardscrabble property own
ers this morning served notice on the
board of three viewers sitting in the
condemnation proceedings, that the
Hardserabble people mean to fight.
Attorneys eontended they must have
more time in which to prepare their
cases before putting witnesses on the
stand and they sought and obtained a
continuance of the hearing, scheduled
to be held to-day, until the week of
June %.
More than score of special and local
acts of Assembly, dating back as far
as 1860, the lawyers said. relate to the
'"Hardserabble section and North
Front street, and the viewers were
given to understand that the constr
tutionality of some of those laws will
be tested before the Hardscrabble'
problem is finally disposed of by the
courts.
Lawyers Ready to Fight
Lawyers declared that if the razing
of the Hardscrabble houses and the
Strengthening of Front street is to be
rushed along it will be accomplished
only through an amicable adjustment
by which the property owners will be
given 'value for value received.
As contended by the City, portions
of the testimony of some of the wit
nesses has been confined to questions
of what the market values of homes in
the condemned section were prior to
1860. This is in line with the con-
tention that property owners after
1860 had no right to erect new build
ings on the Hardscrabble property
the ground west of Front street
and that, if they did so, it was at their
risk of not getting compensated for it
when the City would decide to open
North Front street.
John C. Nissley, representing a num-
Der of the affected property owners, of
ficially entered his appearance as coun-
sci this morning, so that the corps of
legal advisers rallying to the support
of the Hardscrabble folk now num-
bers half dozen. The procedure in
this case is not unlike that followed by
view boards in other similar cases and
is not being questioned by the attor-
news, but objection is being raised to
that part of the program which would
indicate. the lawyers said, that the City
will be required to pay only ground
and realty values that prevailed prior
to 1860.
To Attack Constitutionality
One of the special acts of assembly
which, it is held, literally exonerates
the City from paying for buildings
erected in Hardscrabble' after Front
street was laid out originally, is to be
attacked on the grounds of its alleged
unconstitutionality, so the attorneys
declared.
Paul G. Smith, president of the
view board, made it clear this morning
that the viewers desire to dispose of
the Hardscrabble case as speedily
as possible, yet he said:
1--WE desire that all persons con-
cerned be given a fair chance to be
heard.'
The plan now is to open the hear
ings again on June 22,-an earlier
date could not be selected because of
court engagements and other business
matters-and meetings will be held
each day thereafter until all testimony
has been taken.