New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-08
SPECIAL COMMITTEE
HAS AMENDMENTS
Measures Relate to Taking
Private Property for
Public Use.
FOLLOWING EXAMPLE
OF QUEENS MEN
Favor Doing Away with Con.
domination Commits
siOEers.

All the proposed amendments 20 the
state constitution relating to the TAX.
ing Of private property for public pur.
poses have been referred 70 sub.
committee of the Constitutional Cor.
yention made up Of Louis Marshall
Professor Reeves and ex-Judge
Morgan J. O'Brcn. II has been en-.
powered 70 draft a special repor, on
this subjec, and submit 10 % the Com.
mittee on Bill Of Rights. After nat
report has been acted upon the nat.
ter will be referred 20 the convention
Nearly all the civic and taxpayers'
associations Of the City Of New York
have followed the lead Of the United
Civic Associations Of Queens. Of which
Philip B. L. La Roche is counsel. and
the United Taxpayers Of Brooklyn. bv
attaching resolutions indorsing the
amendments and forwarding them N
Albany. Although the final action BIZ
the committee in convention on thss.
amendments cannot be predicted, i Is
said on authority that the majority
Of the members approve Of the pro
posals 10 do away with the commits
sioners and 70 extend the protection
Of the constitution 20 cases where url.
vate property is injured, as we'll as
70 cases where private property is
taken.
II was on June % that Mr. La Roche
was heard by the Committee or Bill
Of Rights IN argument In support OF
proposed amendments designed 20 re.
form procedure IN condemnation and
assessment cases. These amendments
propose 70 do away with the present
system Of trying cases before CON.
missiOners. 20 make the city OF other
condemninc party liable in al. cases
where property is injured b. public
improvements and 70 compel the city
20 pay a portion Of the expense in
condemnation cases The argument
was illustrated by the citation Of
cases of recent occurrence, explained
by maps and diagrams and was favor
ably received.
On June 80 Truman IT, Baldwin was
also heard by the committee in sup.
port of these amendments and in sup
port of certain alternatives having the
same objects His argument was also
favorably received by the committee
On July Joel J. Squier, Assistant
Corporation Counsel in charge Of the
Bureau of Street Openings, appeared
in behalf Of the city and was heard
in respect 70 these proposed amend
ments. Mr.. Squier expressed himself
as believing that the present system
Of condemning property By commits.
soners appointed by the court was
the best that could be devised in the.
DRY, but also stated that, as carried
out in practice. u left much 70 be
! desired. He said that he agreed VITA
/ the proposal 70 do away with that
system and 70 substitute for il trisls
! before the Supreme Court or before
permanent commissioners. He said
! that he believed the compromise igdg.
ment of three men would be a much
safer method of condemning property
for all parties than the decision Of
single commissioner or Judge. anc
! that this permanent commission should
be selected from men who we're prop
erly qualified by experience for ne
position. and that they should be PAD
salary, and should not be paid oy
| the day or by the case. Mr. SquiG
also stated that he believed the pro-
posed amendment providing that pr.
vate property should not De lnlliea
| for public use without compenss.ol
to the owners was fair and Just Thh
vas his private opinion, he said, but
he also expressed himself as beng
very strongly opposed 20 any change
in the present system OF assessing
property. ,
He did not believe that the acts o.
/ the Board Of Estimate OF late years
were open to any criticism on ne
/ ground that they had been unday
/ hard on property owners. He oe,
/ lieved that the entire matter Should
be left 70 the discretion Of the oosfa
and that any attempt 20 limit ths
power in any way in the con7siitu'iiOa
/ or by the Legislature would be IN
proper. He also opposed any proylsie,
which would make the acts OF ih'
board in this respect subject 70 fs'
! view by the courts Louis Marshs.I
| chairman of the committee. disagree.
with Mr.. Squier in many Respects VI
/ the question Of assessments.