Year: 1878

Some months since application was made 10
Judge Donohue. of the Supreme Court. on behalf OF
the New York Central and Hudson River Railroad
Company for an order Of condemnation for railroad
purposes of piece Of property lying on the North
River front and extending from Sixty to Seventy
second street. The matter was referred to Mr. T. L.
Owen referee to take testimony ~ to the necessity
Of this piece OF property for the purposes of the COM
pany's chartered business 1t claimed on the
part of the railroad company that the property petit


oned for on its behalf had become necessary for the
purpose Of receiving and delivering freight. especially
grain for which purpose it intended to construct
grain elevators and q number Of docks at which
to load lighters. After the taking of very
large amount of testimony the matter came
mp again before Judge Donohue, in Supreme Court
Special Term, yesterday on renewal OF the motion
for Condemnation Of the property on the testimony
taken before the referee. Mr.. John f. Burrill and
Mr.. Frank Loomis appeared in favor Of the motion,
while Messrs. Stephen r. Nash, Joseph H. Choate.
John c. Shaw Malcolm Campbell and ]. W. Leverdge
appeared to oppose it in the interest OF various
owners whose property it is sought to take In the
opening OF the argument Mr.. Burrill contented him
self with making the mere formal motion, leaving it
his opponents to exhaust themselves in opposition
arguments. to which he might at the close reply.
Mr. Nash in his argument contended that the uses to
which this property was Intended to be put We're
not within the provisions and purposes SUR Of
1t to invoke the right Of eminent domain
for the purpose of acquiring it. The companys real
object he insisted. to carry out contracts made
outside Of its legitimate business . common car
rier. Such contracts to the effect that Mr.
Conklin should have the Of the elevator and
Mr. Starin. Of the transportation company the use of
the dockage, pursuant to understanding with the
Produce Exchange for the temporary storage OF grain
BY such understanding Starns lighters were to hold
the grain aoat for four days without charging there
for and the grain was to be stored in the ele
vaors ten days, equally free Of charge. WHILE in the
meantime, transferable grain certhcates would be
Issued and put on the market; and thus this grain
while in storage might change hands fty times before
being delivered to purchaser willing to take it, Thus
the purposes for which this land was sought was not
within the legitimate scope of the railroad as COM
mon carrier, and the fact Of the company having


made contracts outside that Of its corporate duties
right of eminent domain in acquiring property for
such


Mr. Choate devoted himself principally to o review
of testimony showing that at present the COM
pany had more Land the point in question than it
actually needed that the acquisition sought for
is intended to meet prospective necessities expected
to arise somewhere ten fifteen years hence and
that q prevailing motive with tho company At this
time was to acquire land while it was cheap.


Mr.. Burrin briefly replied on behalf OF the com
pany claiming that the purposes for which the land
sought necessary ncldentals to the business
of the road that an experiment with their present
facilities during than three years past showed
them to be wholly inadequate. and that during the
same period the company had to abandon portion
Of its treighage for want of the space to which 1t
entitled under its charter. The Judge took the
papers.