LICnARY bureau of Railway ecofjo'. WASHINGTOiJ, n, r.. OP POSITION to ELEVATED KAILEOADS :> SPEECHES ( -=» OF COL. WM. 11. THOMPSON, SAM'L 13. FOSTER, ESQ., Ex-Alderman JOHN M. SMYTH, DELIVERED AT MEETING OF IVest Chicago Protective League^ HELD AT BERRY'S HALL, DECEMBER 29, 1887. CHICAGO: Geo. K. Hazi itt & Co., Printers, 172 anu 174 Clark .St. 1888. OPPOSITION TO ELEVATED KAILROADS -■<«===> SPEECHES ( —)))-- OF COL. WM. H. THOMPSON, SAM'L B. POSTER, ESQ., Ex-Aldeeman JOHN M. SMYTH, DELIVERED AT MEETING DP West Chicago Protective League^ BERRY'S HALL, DECEMBER 29, 1887. CHICAGO : Geo, K. Hazlitt & Co., Printers, 172 and 174 Clark St. 18S8. WEST CHICAGO PROTECTIVE LEAGUE. Report of Meeting held at Berry's Hall at 8 p. m. on the 29th day of Decemher, A. D. 1887, to receive the report of Col. William H. Thompson, President of the League, as to his investigation of Elevated Railroads and other Rapid Transit Systems in Eastern Cities. Meeting called to order by President Thompson, who spoke as fol¬ lows : Gentlemen ;—This meeting is called under the auspices of the "West Chicago Protective League, in opposition to the establishment of any elevated railroad system on the principal streets of West Chicago. As there ai'e some persons who have not joined the West Chicago Protective League, I will state the objects of our organi¬ zation. The League is composed of property owners and business men of the West division. It has its President and Secretary, its Executive Committee and its Directors, who are elected for one year. Its object is for the betterment of the West Chicago property; and also to see that West Chicago gets something it is entitled to. As it is to-day, every public building, everything of any account, is given, either to the South side or to the Nortli side, and the great West side, which has more pojnilation than both of the other sides put to¬ gether, receives nothing. ISTow the simple reason, is because the West side has been neglected by its citizens, and by the selection, as a rule, of people who are put in political otiices to represent the West side, but who are induced to think that the North side, or the South side, is entitled to all the benefits. The geograjjhical centre of the city is about Ashland avenue and Harrison street. Here is a large block a short distance from us, which never had anything on it, ex¬ cept an old wooden house and barn. It would make a, very good site for a city hall, or for any public building, if it wasn't any more •1 than a jail; sometliing to show that we were represented and recog¬ nized by the county, and that we were to receive a little of that to which we are entitled. But great trees from little acorns grow and we will have to commence in a small way, but with everybody tak¬ ing an interest in the West Chicago Protective League, every enter¬ prising man joining that league, having one object in view, that of the betterment of West side property, and that the West side shall have whatever it is entitled to, so far as it is in their power to obtain it, we certainly will get a great deal more than if we made no at¬ tempt to get anything. So T hope that all the gentlemen here pres¬ ent to-night, before they go away will join this League. We want to get every business man, and every property owner in the West division, a member of this League, and we want him be an active member. We will only be known by our strength. We can become a power, and it will only be a very short time before everybody will feel that they want to belong to this League, that it is an honor to belong to this League, that it is for the preser^^ation of their property and the development of their property, and that they cannot afford not to belong to this League. There was a committee of the League that waited upon Mr. Yerkes, and they have a letter from Mr. Yerkes which they will sub¬ mit as a part of their report, showing that the West Chicago Pro¬ tective League, and its ñrst committee that waited upon Mr. Yerkes and asked for additional cars on the West side, have accomplished their object. The Secretary will now read the letter. • Mr. Stroker. "West Chicago Street Pailroad Company, Chicago, December 27, 1887. Herman W. Stroher, Esq., Secretary West Chicago Protective League: Dear Sir:—Your favor of the 23rd, with copy of the resolution requesting this company to put cars upon Madison Street, to run east to Canal Street, came duly to hand. In reply would say that we have at once arranged to have a number of cars properly lettered and will place them on the street as soon as they are hnished. This change will give our patrons who wish to take a car west of the river a better opportunity to ride. Yours truly, Charles T. Yerkes." 5 Col. Thompson. So you see, gentlemen, we have already heard in a substantial way from the Protective League, and we pro¬ pose to be heard again, and not only again, but often. I will now report my investigation in the East. I was sent down to Philadelphia and New York by a committee of property owners, to investigate the subject of elevated railroads, whether it would be for our interests to have elevated railroads, or grip cars or horse cars. I intended to go to New York ñrst, but I thought, as there had been a great agitation in Philadelphia on the subject, I had better ñrst go there and learn what I could, and then go to New York, learn what I could and then come back and make my report to the West Chicago Protective League, under whose auspices the property owners started the idea of sending to New York. I left Chicago a week ago Saturday night and arrived in Phil¬ adelphia Sunday night, with letters to Mr. P. A. D. Weidner, and several other gentlemen in Philadelphia. I desire to state that while Mr. AVeidner is one of the largest owners in the horse car company in Philadelphia, he is also interested in the syndicate operating the lines on the North and AYest sides of Chicago. I went to this gentle¬ man because I knew he had studied the matter, and knew that they had a strong fíght in Philadelphia, and I thought as they had been through the fight, I might obtain points from them much easier than I could get them myself, or possibly I might not be able to get them at all, myself. Now I propose, gentlemen, instead of making you a regular set speech with everything rounded off eloquently, and with lots of statistics, to give you the history of what I saw there, and what the gentlemen said to me and what I said to them, so that you can have it verbatim, as though I had had a shorthand reporter with me, and I will try and give you my visit to Philadelphia and New York fully, and you cau make up your mind whether we want an elevated road or not. I shall not ask you to take my opinion; I simply am going to give you the names of the gentlemen I interviewed, or some of them that I tiiink are of the most consequence; although I interviewed many others to whom I shall not refer. At Philadelphia, Mr. AYeidner introduced me to the president of the Philadelphia horse car company, and on enquiring of him about the elevated roads he told me tliat a few years ago the people in Phil¬ adelphia were all clamoring for an elevated railroad, and as his com¬ pany owned the horse cars, they thought that if the people wanted 6 it tliey would build an elevated road, to accommodate the public. But before the franchise had been given by the council, a great many of them came to their senses, and found that they did not want elevated railroads. They found that the cable line was much better than the elevated line. But in the meantime these gentlemen owning the horse car lines had gone so far that they had taken bids on the building of elevated railroads. I asked Mr. Kemble if he would not give me the statistics on the building of the railway, and he has written me a letter in which he says that the cost of building elevated railways, as bid by two of the largest houses in New York, who built the elevated roads in New York, was from $340,000 to $365,000 per mile, without equipping the road, or building the stations, which would make the cost equal to $500,000 per mile, to build an elevated railway and necessary stations and equip it as they are in the cit}^ of New York to-day. I have that letter here and I will read it, as I see some of the gentlemen here who are in favor of elevated railways. Mr. Kemble says: " Sir:—During the past year the officers of this company had " under consideration the question of placing an elevated railway " over a portion of the roadway now occupied by them. The ques- " tions which presented themselves atthe threshold were, what would be " the cost of laying an elevated road, and what would be the amount " of business received from such roads. We took bids from Wm. " Lester & Co., and the Phoenix Iron Company, the two parties who "built the New York road. The bids range from$340,000 to $360,- "000 per mile exclusive; and the cost for stations and equipments, " in all probability would be $500,000 per mile. This would require "a business much greater than can be furnished on any street line " in Philadelphia, and hence the whole matter was abandoned. Yours &c., II. H. Kemble. Pres. of the Philadelphia Traction Co." I asked him the question of damages to property, and he said, "it was one we did not take up, as the business we could expect was too small, and exclusive of any cost for right of way." I asked him if he knew generally what is the business of the West division rail¬ way in Chicago, and he said, " The business of the West side rail¬ way, as I have been told, is about $45,000 per mile with double 7 tracks. You can easily see that it would require a business three times this amount to pay the interest and running expenses on an elevated railway." That was about all the information I got out of Philadelphia, except that they had a book of statistics, of which I begged one; I also got a letter to the president of the horse car companies in ISTew York, which stated that I was in the East seeking information in regard to elevated railway companies, for the ¡jroperty owners of the "West division of Chicago, and that I desired more light. I will say I was ready, if they could show me statistics proving that elevated railways were better for my property than cable cars or horse cars. I would only be too glad to be so posted. I went to the president of this lYew York company, a Mr. Thompson, and I thought possibly he might favor me a little on that account; but he was more like one of our ninth ward primary fellows and it seemed that if I didn't have the right ticket I could not get in. But I went to the gentle¬ man and talked with him. He told me he was president of these railroads, that he had no fight with the elevated railways, that he had no statistics to give me, and if he had he said, " I do not know that I would give them to you as I do not want to be mixed up in the matter." He said " you will readily get all you want," and I bade him good day? I rather wondered where I could get this necessary information which Mr. Thompson told me I could so easily obtain. I walked up and down the streets, I rode up and down the streets, and I rode over the elevated roads, to see all that could be seen, and when I got up to Eorty-fourth street and Sixth avenue, I saw a pretty good looking building and I thought I would cheek it a little, and walk in and see if I could not get a little information, so I went in and asked for the proj^rietor of the store. I asked him if he owned the building and he said he did. I asked him if he could talk with me a few moments, and he said he didn't know, as he was very busy. I told him that I represented a syndicate of property owners from Chicago, and he would confer a favor on me, for 1 was a stranger there, if he would talk with me. He said " what do you want," and I said I want to know all about elevated roads ; I want to know whether they are a benefit to the property or whether they are a detriment, and I want to know who the people were who opposed elevated roads. "Well, he said, " my name is Macy, and I was one of a committee of titeen that went to Albany, and I did all I could to fight them." I said, "you're the man Bin looking for; I want to find s somebody that is a fighter." He said, " there are only three of us liv¬ ing, the rest are either dead or have left the country." I asked him if he would give me a little history of what the did. He said, "we went down to Albany and we worked all we could, we spent money, but the other fellows had so much more money than we didj that they outgeneraled us and they got the elevated roads and we could not help ourselves." I said, " Mr. Macy, how does this road affect your property: what are the objections to the elevated road? " " Well "sir," he said, " in the first place you just look up there and see "this great structure along the street; the city made them take " down telegraph poles and wires and put them underground, they "made them takedown everything that was obnoxious; but just "look at this great obstruction. It affects the ventilation of my " store; I do not get near the light or nothing like as pure air as I " did before. The constant grind of the wheels on the rail " makes a little fine iron fibre dust, and in the summer time it blows " all over. It comes in the doors and in the second story windows; " and so disagreeable is it and the smoke, that in the summer time, " in the warmest weather, we have to close our doors and windows " in order to keep this dust and smoke from out of the second story " of the house." I said, " how does it affect your tenants upstairs ?" " Well, sir," he said, "I had tenants there. For instance, I got $90 " a month from one tenant in this building. I live in the coun- " try, I would not live along this elevated railroad if a man would " give me my rent for nothing. I came down one morning to my " store and I found my tenant in great excitement. He said he was "going to move out, and nothing would induce him to stay, and I " had to cut his rent down from $90 to $55 a month, and he has " stayed there ever since, but I'm afraid he can't stand it and I soon " expect to lose him." I saw the station was at Forty-second street, and I asked the projirietor of the store there how it affected his business; he said, " I am near a station, and the people come in to " take these roads. The stations, some of them down town are but " three or four blocks apart, but as you get further up town they are " seven and eight, and further out ten and twelve, and some still " further apart. Those people who have stores right near the stations " have a pretty good business, jirobably as good or may be "better than if the elevated road was not there; but between the " stations it is different." It is like, for instance, starting at State Street and riding to Canal; they would stop at Canal; then they 9 would ride to Ashland Avenue, or they might stop at Ilalsted pos¬ sibly. But between these stations the people would not get any ben¬ efit from an elevated railroad, unless there were stores large enough and attractive enough, so that the people would get oft" the elevated train and take the horse cars and go back. Mr. Macy told me then togo and see a Mr. Moir, another member of the original committee, a man who owned a large building at the corner of Twenty-third street and Sixth avenue. I went and saw him, but he was ex¬ tremely busy and his store was crowded. I said to the gentleman, " I understand you were one of the original fifteen that fought the elevated roads in hiew York." He said, "Yes sir, I went to Albany and did my best against them." But there is one thing more I wish to say before I proceed with my interview with Mr. Moir. I asked these gentlemen what the increase in value had been in their pro¬ perty since the elevated roads were established, and they said 25 or 30 per cent. I asked all the gentlemen I met this question. I asked also what the increased value of Broadway property had been in the meantime, for seven years, since the railroads had been in operation and they all said that Broadway property had increased from 60 to 75 per cent. I asked what the increased value of Twenty-third street property was in the meantime, and they said it had increased 100 per cent. I asked what was the value or the rate of increase on Fourteenth street, and they said 100 per cent. I asked if there had been any valuable buildings put up on Sixth avenue. I would state right here that on Sixth avenue between Twelfth and Twenty-fourth streets, are located the large dry good stores; that of B. H. Macy & Co., extending from Thirteenth to Fourteenth street, an entire block; that of O'Heil in the block between Twentieth and Twenty- first street, and Simpson & Co., and Altraan & Co., have a block between Eighteenth and Nineteenth street, which takes in the en¬ tire front of the block, nothing but business. I mention this as on Sixth avenue, in that little space between Twelfth and Twenty-fourth streets there are these large houses which do an enormous business; but when you leave Twenty-fourth, between there and Fifty-fifth street there is nothingbutlittlejunktnen,andlittle light business men, such as plumbers and painters, and tailors and butchers and candle¬ stick makers, that do not amount to much. There has not been a decent building erected on Sixth avenue between Twenty-fourth street and Fifty-fourth street since the elevated roads were built, not 10 one. Why gentlemen, West Madison street is a paradise as compared witli Six avenue, New York. But I asked tliis gentleman on Twenty-third street and Sixth avenue, Mr. Moir, " how does the elevated road affect your property?" lie said, " my property would be worth double what it is, if there M'as no elevated railroad." lieinember he is right at twenty-third street and Sixth avenue, and Twenty-third is a first-class, broad street, without a railroad on it. Now Sixth avenue has four tracks for horse cars on the ground and has the two tracks of the elevated railroad above. This gentleman said that the property would be wortli double if it hadn't the elevated road in front of it. I asked him what his objection to elevated roads was? And he just gave me the same history that everyone did: " That it was an ob- " stuction in the street; that it was unsightly and ungainly; that "itdestroyed his pure air, and obstructed his light, affected tenants " up stairs and changed the class of tenants from good respectable "people to, in many cases, the most ordinary class of people; that " they were getting lower and lower, until Sixth avenue, or part of " it, is nothing but assignation houses, the lowest class of tenants " they could get and it was pretty hard to get any tenants to occupy " them at all." Now this gentleman said he was one that went to Albany to fight that elevated business and did all in his power against it. They raised money; thej'did everything they could, but they could not help it. I said to him, "If you had this thing to do over, would you fight the elevated road?" He replied, "Most " assuredly I would do my lev^el best to prevent them injuring my "property; I would spend double the money I spent before trying "to beat them; but," he said, "they would put up such a pot of " money that it is no use for a few people to try and beat them." I asked, " What, Mr. Moir, in your opinion has been the increase in value in Sixth avenue property since the elevated roads have been built? " He said, " From 20 to 30 per cent." I asked, " What in your opinion was the advance in value in Broadway property in the mean¬ time? " He replied, " From 75 to 85 per cent." I asked him, " What do you think the increase in value in Fourteenth and Twenty-third street property has been?" and he said, "100 per cent." I said, "I sup¬ pose you feel that if you hadn't had this elevated road your pro¬ perty would certainly have been worth a great deal more inonej'," and he repeated his sentiments again by stating that it would have increased 100 per cent. 11 I asked, "Don't yon think the elevated roads build up the extremi¬ ties of your city out at 155th street and Harlem and along there?" And he said, "Undoubtedly they do, but yet an underground ora cable road or anything that would bring the people in and out of Hew York every morning and night would do justas well." I asked him to ffive me the names of those who were associated with him O in the original fight at Albany. He said, " Edward A. Morrison, who owns the building on Broadway at the corner of nineteenth street, was a very enthusiastic fighter against the road and you had better see him." So I went over to see Mr. Morrison, but they in¬ formed me that Mr. Morrison was ])retty wealthy and didn't pay a great deal of attention to business; he had been there but had gone home. I replied, "I am sorry but I will have to go up to his house and see him," but they told me he would not see me at his house. I thought they were giving me a little strange talk and so I pretended I was not going to see him, but as soon as I got my supper I went up to Mr. Morrison's house. His son came and wanted to know what my business was. I asked him if the old gentleman was in, and he said he was not, that he had gone out. I said I had some pretty important business and that he wanted to see me, and that I would call at the store in the morning. He wanted to know my name but I told him that was a matter of no consequence, and I walked out. I called at the store at 10 o'clock, I was afraid the old gentleman would be a little hard on me, but I got him warmed irp and he seemed to forget Mdiat my message was, and he treated me very politely. I asked Mr. Morrison how he felt about the elevated railroads on the street where he had property and he said, " An ele- " vated road on any street will depreciate abutting property "fully 50 per cent. If a man wants to ruin his street let him put " an elevated road on it and he is working to spoil the street just as " fast as it is possible for a man to do." I asked him what he thought of Sixth avenue. "Why," he said, "you know that Sixth avenue " between Twelfth and Twenty-fourth street has some good stores on "it,but below that and above it it don't amount to much." I said, How about Ninth avenue? "Well," he said, "Ninth avenue never was any good, never amounted to much before they had an elevated road and is not wortli mucli since." Then I asked him. How about Eighth avenue ? He replied, " Eighth avenue, up town, of course has greatly improved far out; but otherwise it has depreciated." 12 I said, " Mr. Morrison, what is the value of property in Broad¬ way compared with what it is on any elevated railroad street since such roads were built?" " Well," he replied, " the very building yon " are standing in now, forty years ago, sold for $4,000, with a good " two story building on it, while now it is worth $200,000 ; and " in seven years it has increased in value from 75 to 85 per " cent." I inquired : " What do you think Sixth avenue has increased in value in that time? " and he said: " From 25 to 35, or " possibly 40 per cent in the business district." I asked him what he thought Twenty-Third and Fourteenth streets had increased, and he said: " I think those streets have increased in value 100 per cent. Every body put the increase of value of property on those streets at 100 per cent. I asked him if he thought an elevated road running north and south diverted business to the east and west streets, and he replied: " Most assuredly it does." I asked how he accounted for it, and he said: " In this way, the people going and coming to " take their trains naturally make their purchases near the station, " and great stores spring up on the cross streets, and so they " develope business centres." In fact I asked all these gentlemen that I interviewed that question, and they told me the same thing. I then found that I could not see any more persons that had fought the elevated road, and I thought I would go and see John Jacob Astoe. I thought I had better see some men who had a large property, and who had large experience along the line of the road, and in real estate in general. I went into Mr. Astor's place of business, whicli was a three story building, very exclusively arranged, with a small passage way to walk in, walled away up, with a little square window that you could hardly put your finger in. A gentleman asked me my business, and I told him. "Well," he said, " Mr. Astor has just lost his wife, and I do not know as he " will want to be annoyed by any body from Chicago." I thought I would give him a little taffy, so I said: " Out West we do not know very much, and we would like to get John Jacob Astor's ideas of real estate values, and we would feel highly honored if he would give us an interview." After giving him a little taffy he said he would consult the old man, and finally he told me to come in the next morning at ten o'clock. So the next morning at ten o'clock I walked in, hut his clerk did not remember wlio I was; so I told him I came by appointment to meet John Jacob Astor, 13 when he told nie to take a seat. I waited fifteen or twenty minutes —I felt like telling him my time was a little too precious, and if the old man did not hurry I would leave, but I didn't. After a while the old gentleman came in and ushered me back through two or three rooms and gave me a seat. I said : " Mr. Astor, I have been sent " down here by property owners from Chicago to get light on the " subject of elevated railroads. We want to know whether they are " a benefit or a detriment to any street through which they pass? " The first cpiestion he asked was: " What does Marshall Field think about it?" I said, "Unfortunatelv. I have not consulted Marshall 7 1/ •> "Field about it one way or the other. Although Marshall Field is " one of our largest property owners and one of our richest and " most enterprising men, he also has a very large dry goods store " and makes a great deal of money out of his business, and we are " afraid he might be a little bit biased, or might be a little bit " influenced, and think he could make a little more oirt of his dry " goods, if we had an elevated road to carry the people of our West "side stores to his place down town."—"Well, sir," he said, " Elevated roads on narrow streets, are of the greatest possible " detriment to them. Elevated roads that are built at tlie edge of " sidewalks should be fought and kept off at all hazards. Elevated " roads in the centre of the street, of course, are not so detrimental " to property as if built on the edge of the sidewalk. Why," he said, "you have got Wabash avenue." I said, "Wabash avenue is " on the south side, and I do not care if they do run one down Wabash avenue, we are perfectly willing they should." Then I asked him; " Mr. Astor, how is your property "affected?" He replied: "Our rents on the Bowery are reduced "from 30 to 40 per cent. The elevated railroads darken our stores; " they almost ruin the buildings up stairs, and it is hard work to " get tenants to occupy the upstairs flats, and even when we do get " them our prices are very small, and the class of tenants we get " is of the most unsatisfactory kind." I said: " You have also other property on Sixth Avenue?" "Yes, sir,'' he said, " I have property on Sixth avenue; I have it all around." I said: "How does the elevated railroad effect your Sixth avenu'e property? " He turned to his book-keeper and said: " George, what is the name of our tenant on Nineteenth street and Sixth avenue?'' It was a man who occupied a whole block, yet Astor did not know his name. The book-keeper said that the 1-i tenant's name was Simpson & Co. " Oli, yes," he said, " Simpson " pays more rent than he used to before the elevated road was put " up, but he has a whole building. There is a little space between " Twelfth and Twenty-four streets where the business has concen- " trated, and the rents in that location have improved with people " who have large stores, but not vjith flats." I asked him how it was below Twelfth street, and he said: " Below Twelfth street it has greatly depreciated." I asked him how it was above Twenty- fourth street, to Fifty-fourth street. " Well," he said, " there is " not a hrst class business building on Sixth avenue, from Twenty- " fourth to Fifty-fourth street; none have been erected since the " elevated road was put on it." I asked him: " How does it affect your outside property? " Fie said: " The elevated roads improve our outside property, as any- " thing would that brought a large number of people out and in, " every morning and night, in a comfortable way." Fie said : " I " have just sold a large piece of propert}^ to the Vanderbilt estate." —I think he said out at 155th street—"for $750,000." I asked Mr. Aster what percentage in the rise of value of Sixth avenue property had taken place since the elevated roads had been in operation, and he said : " Twenty-iive or thirty per cent," just as the other gentleman did. I asked him what had been the increase in value in Broadway property in the last seven years, and he said: " From 65 to 75 per cent." I asked him what the increase in value of Twenty-third and Fourteenth, the cross streets, had been, and he told me that the}^ had increased 100 per cent. "Flow," I said, " are these cross streets drawing business away from Sixth avenue?" (Sixth avenue runs North and South, and these other streets run East and West.) " Well," he said, " it may be they are drawing some business away." Fie said: "You know Twenty- third street has a ferry," and he thought that ferry was making Twenty-third street the great business street that it is. I interviewed a great many other people, and they all had the same ideas. They were all property owners. I then thought I would go and see some of the business men, in the business centre, and I went to Fl. IF. JMacy & Co.^ who occupy a store on Sixth avenue, through from Tliirteentli to Fourteenth street, with a large frontage on Thirteenth and Fourteenth. Also O'Neil & Co., Sim])son & Co., and Altinan & Co. O'Neil & Co. 15 are from Twentietli to Twenty-First Street; Simpson & Co., and Altman & Co., from jSiineteenth to Twentieth street. This is the real business centre of Sixth avenue, between Thirteentli and Twenty-third. I went in the store to see Mr. Chase, the business manager. Here was a store that occupied the whole front of the block. It looked to me like a town-meeting where both sides wanted to carry the day, and had packed the meeting. There were little narrow aisles and counters, along which stood the clerks about as thick as they could stand. I crowded my way along until I got to a clerk, and asked him where Mr. Chase was. He said: " You will And him on the next floor." Then I crowded my way back, and found the stairs, where I met a pretty girl wliom I asked where Mr. Chase was, and she said he was up staii-s. Then I climbed up another flight, and when I got there I inquired again for Mr. Chase, and they told me that he was down on the first floor in the lace department, so I walked down again, and finally I found Mr. Chase. I said to him; "Are you busy, Mr. Chase?" I suppose there were 10,000 people in the store; it was just jam full. He said : "You can look around and see whether I am busy." I then gave him a letter of introduction, and he gave me an audience. I talked with Mr. Chase for about twenty minutes, and told him what my business was. Now I said: " Mr. Chase, how do you feel about elevated railroads?" " Well, sir," he said, " we are in favor of " elevated roads, underground roads, horse cars, cable cars, or any- " thing that will just keep.these ten thousand jjeople riglit in here " all the time." I said* " Do you own any property here? " " No," he said, " we do not." I then asked Mr. Chase: " Do you think, if " all you gentlemen, I mean by that, Macy & Co., O'Neil, Simpson " & Co., and Altman & Co., suppose you all moved over on to " Seventh avenue, have you conceit enough to think you could " pull the trade over there ?" He said : " I think we could, because " the trade has worked up town, and we have made a centre here " within a few blocks, and I think the trade would go where we " were. But if we found out it did not, we would very soon go " wliere the trade was, but we feel we could carry it." I said: "I believe Mr. Macy is dead?" He said: " Yes, Mr. Macy left a " lot of money to his hoy, who died recently, and we got tlie store, " and so we are running the thing for all it is worth." All of these gentlemen I speak of were of the same idea. It would be just the same as if Marshall Field and Charles Gossage & 16 Co., Mandel Brothers and all these great companies should come up right here in one centre, on Madison street, with their large stores. This is about the sum and substance of mj interviews with prominent men; of course I interviewed a great many others. I found the universal sentiment to be that property owners were against the elevated railroad. Those that had property between the stations were very loud in pronouncing it a terrible detriment to their property. Those that had the stations close to them felt that perhaps it was not quite so bad. !N^ow I want to tell you another thing which they have got to contend with in îiew York. I have heard as all you gentlemen, I presume have, of the great advantage of tlie elevated railway as a means of quick transit. If you get on board the elevated railroad train, it is but a moment, presto, change, and you are at Harlem. After I interviewed Mr. Astor, I said to myself, 1 believe I can beat this elevated railroad with the horse cars. And I walked over to the telegraph office and said "I want the best hoy you have who has a watch." The man in charge said " what do you want him for? " I said "I want him to go down to the Astor House. I want him to go with me over to the Fifth Avenue Hotel, set his watch the same as mine"—it was then twenty minutes of 11 o'clock A. M.,—"at a quarter to 11 I want this boy to walk from the Fifth Avenue ITotel to the Sixth Avenue station of the elevated line, and I will get in the horse cars and ride down town and meet him in the Astor House. I want to see how much he can beat me: I want to give the elevated a fair chance." This provoked a hearty laugh. He said, "why he will beat you twenty-five minutes." I said, "well it "won't cost me but thirty-fíve cents to find out and I do not believe it." So I took the boy and he started off, telegraph boy like, when I had to tell him that I was pretty nearly fifty years old and could not walk so fast and so we struck an ordinary gait. How it got to be a quarter to 11 and I said, "here comes my car: you go down to the " Astor House on the Sixth Avenue elevated road and when " you get inside the Astor House door, take out your watch and "put down the time you arrive there on a piece of paper. Well, the boy said, " I will beat you pretty badly," but I told him we could tell better when we got there. I got in the horse car and we went along, a great many people getting in and out, until finally we met a coal cart hacked up against the sidewalk and we were stopped. T took out my watch and found we were stopped there thirty sec- 17 onds. Then we went ahead and pretty soon, when we got within six or seven blocks of the Astor House, we found that one country truckman had driven up against the curbstone and would not get out of the way until they got a policeman. I took out my watch and we were a minute and a half there. So I lost two minutes on my way down, but I arrived at the Astor House, leaving irp-town at 10:45, at 11:16, just thirty-one minutes, and I was delayed two minutes on the way. The boy left at 10:45 and arrived at the Astor House at 11:12, just twenty-seven minutes, while I was thirty-one. He beat me foirr minutes while I was blockaded two minutes. How that trip was made in the horse cars on Broadway at the busiest hour of the day. There is your ele¬ vated quick time, presto, change, gone. This is not a grip car I am talking about, but a horse car, and I have got the full memo¬ randum of this trip right in my pocket. How they talk about the time of the elevated railroad. I have their time table here. Sixth avenue, from South Ferry to 155th street is 10.76 miles and the time is fifty-two minutes. From South Ferry to Twenty-third street the distance is 3.44 miles and the time twenty minutes. To Forty- second street is 4.38 miles, time twenty-four minutes. To Hinety- third street is 7.47 miles, time thirty-eight and one-half minutes. That is the time of the elevated railroads in Hew York. How I am going to give you the time of the South Side grip cars, in Chicago. From Madison street to Thirty-fírst street, the distance is three miles and the time is eighteen and a half minutes. How we had the distance from South Ferry to Twenty-third street 3.44 miles, with the time of the elevated railroad in Hew Y^^ork at twenty minutes. From Madison street to Thirty-ninth street the distance is four miles and the time is twenty-four minutes. By the elevated road in Hew York the time for traveling 4.38 miles is twenty-four min¬ utes. They only make 38-100 of a mile more in the same time. How to Sixty-third street, by the grip car, the distance is seven miles, and they make it in thirty-nine minutes. The elevated road in Hew York travels seven and 47-100 miles in thirty-eight and a half minutes. There you will see the difference. It is very slight. I notice that the benefits of the elevated road were chiefiy con¬ fined to the east and west streets, and helped such streets more in proportion than they helped themselves. We must also take ipto consideration the situation in Hew York. Hew York is a great and 18 growing city. I tried to ascertain the increase in population, and I think tliey told nie that it was about 100,000 per year, some of them, but I did not strike a man who knew exactly what it was. Now as to the amount of damages claimed by property owners. I have a book here that was compiled as an argument by the com¬ mittee in Philadelphia. I see a few things here that I think would interest you, as to how much damages has been paid to property owners, for the damage to their property. Now you can't find a single instance in N^ew Y^ork where there has been any damage paid. And why? They settle that thing so very quietly that the public can never catch on to it. This book says the reason property owners do not get damages from these corporations, is owing to the modern way of carrying on this kind of an enterprise. They raised a large portion of the money required upon mortgage and their bonds, and when a judgment is procured for the pro]ierty holder, the suf¬ ferer usually has no better satisfaction than a judgment from which he can recover no money. Just like a man having a building here, mortgaging it for all it is worth and somebody sues him for dam¬ ages, tliey get a judgment against him, they levy on the property, but it is mortgaged for a million dollars, or for a great deal more than it is worth. lie has his labors for his pains. And that is about the wa}' it is with these corporations. There is another point, where they ask that these roads should not have a franchise, unless before they get that franchise, they are compelled to place in the hands of some trust company, a certain number of thousands of dollars of bonds, to secure the damage they may cause to other people's property. That would be a good point, to bind the elevated road; that they should be compelled to deposit with some trust company a certain amount of money, in case a party's property was damaged, so that the property owner could i-e- alize on his judgment when lie obtained it. Now here is what they said in Philadelphia about these ele¬ vated railroads in the street, " no street is safe from tlieir encroach- "ment; our streets will not be lined with handsome residences, " but with these unsightly, noisy, dangerous and wliolly objectionable " railways shutting out the light and air from the lower floors of "such residences and absolutely destroying the iirivacy of the " ujiper chamliei's. Miles and miles of street and avenues, now " adorned with comfortable residences and occupied by owners or " tenants of the highest I'esjiectabilit)' and usefulness, would soon 19 "become depopulated or given over to the very lowest order of " society. These streets and avenues would degenerate into slums " for the ignorant and vicious." The conclusion is reached from a careful consideration of the subject, that the actual depreciation of property directly on the line of the elevated reads, amounting to one hundred millions of dollars, has resulted from the construction and operation of the elevated railroads in îiew Yoi'k city. First. That the construction of the proposed elevated railroad in this cit_y would cause a depreciation in the actual rental value of property along the line of the road and contiguous thereto, of fully 50 per cent. Second. That the properties along the route of the road would be rendered absolutely unfit for private residences. Third. That no damages are proposed to be paid by elevated companies for injury to real estate. Now, gentlemen, you have heard how I got my information. I did not propose to stand up here and tell you what my idea was until I gave you these points. I believed when I had givmn you the points, that you would understand the subject thoroughly. Y ou know where I got them and can get them, and you can make up your minds for yourselves equally as well as I can. Nearly all the property that I have in the world is on the West Side, and I certainly will be in favor of anything that will improve my property. If I thought elevated roads would improve my prop¬ erty I would hold up both hands for elevated roads. But I am sat¬ isfied that if we get a good cable line of cars, our street will stand far ahead of the street which gets an elevated road—if there are anv streets that are o'oing' to tret them. " o O O Chicago, geographically, is nothing in comparison with New- York. New York is a ])eculiar city of itself. There is a little nar¬ row tunnel which shoots a million of people to Harlem and the country for twenty miles around every night, and brings them in, in ' the morning. Now we are able to grow in three directions. There is plenty of room, plenty of streets, and we do not want one of those great terrible piles of timber and iron piled up in our streets, spoil¬ ing all the view and worrying us with constant noise. We liave plenty of room for anything on the ground. We haven't any sub¬ urbs, when it comes to that, that amounts to anything, certainly none that would support an elevated road. All our suburbs are 20 now on steam railroads, and they do not require, and are not asking for, " L" roads. The " L" road people are depending on the building up of new suburbs to sustain their enterprise. I have got a lot of property out here, and I have been looking for suburbs to come for the last twenty years, but they don't seem to be there any more now than when I commenced to look. I sometimes feel disgusted with the question of suburbs. I will say this, gentlemen, that the proper way for elevated roads, if we are to have any, would be for them to own their own property. What right has any company to come in and take away a great franchise like Madison street. Van Buren street, Adams street, or any of our good streets? Why not build their roads on their own property? See, what a simple thing it would be for these gigantic corporations to buy their own land. Mr. Blake says he will buy Van Buren street. He is an honest gentleman. I have 600 feet front on Van Buren street, and if they get an elevated road there, I want to sell him my property very quick, and I think he will get his stomach full of Van Buren street before he gets through. Now see what a simple thing it would be for them to own their own property? Suppose they wanted to run a line between Madison street and Washington boulevard. We will take it right here at Peoria street; let them buy a house on the east side of Pe¬ oria street, then let them go to the west side of Green street and buy another house, and then they would have the right of way from Green street to Peoria street. Then they could go to Sangamon street and buy a house and lot there, and then they could go to the east side of Morgan street and buy a house and lot there, and in that way they could get through. Then, if this railroad damaged the other man's property they ought to pay for it. What right has a corporation to buy property and put up something on it that will damage his neighbor? It would not be right. The city council should not allow anybody to build anything, after the experience in New York, unless they put up some money to respond to the dam¬ ages of property owners. If the time ever arrives when we have got to have elevated railroads in order to get people into town, and the streets are so tilled up with horse cars that there is no . room for them on the ground, why should you and I give away this franchise? Why should we not say, when we want this thing we will take care of it? If we haven't got the money to build this elevated road when the 21 time comes, we will form a trust company, and we will bond our property, and we will build our own railroad and own it, and if we damage our property we will make it up by the amount of money we earn. But I do not believe, gentlemen, any of us will live to see the day when there will be any elevated railroads on the West side. They say they are going to have one on the South side. We do not care, but I believe those stock-holders will get very tired before they make anything out of it. I think these gentlemen who are interested in this elevated railroad, when they come to look around and find out how much money it is going to cost to build it, will be disgusted They talk about their patent. I asked about that and they laughed at it. They knew all about that in New York, and it is a failure. They met with an accident when I was in New Y'ork. They had taken a number of spikes out of a rail, and there was a train coming down to the station with 240 people on board, and the track spread and the car went off the rail, and th,e train would have gone over the side if they had been going at full speed, down into the street. I do not believe there will be any man, when he considers this subject carefully, who would be willing to have an elevated railroad on his property, for any consideration. I haven't given you this talk as a little buncombe; it is true, every word of it, and as nearly as I could possibly relate it, for I wrote down every night when I went to my hotel, the result of my observations and interviews during the day, and these memoranda so made I have in my pocket. I hope you will all take deeper in¬ terest in this matter. 1 hope all gentlemen, who are not members, will join this Protective League, and not only stop the elevated rail¬ road on Madison street, but stop it on Monroe street and Adams street and Van Buren street ; stop it on every street there is on the "West side. Wherever they go with that elevated road, if they do go anywhere, it is certain they will depreciate the value of property 60 per cent. ; and the property-owners will regret it ; that is my honest belief. I will now read you some extracts from statistics compiled in reference to elevated roads : 22 A Change that is sure to follow. The streets of this city likely to be affected by a gridiron of elevated railways—and no street is safe from their encroachments— are generally lined with business houses and neat or handsome resi¬ dences, but with these unsightly, noisy, dangerous, and highly objectionable railways shutting out light and air from the lower fronts of such business houses and I'esidences, and absolutely destroying the privacy of the upper chambers, miles upon miles of streets and avenues now adorned with comfortable stores and residences, and occupied by owners or tenants of the highest respectabilitj and use¬ fulness, would soon become depopulated, or given over to the very lowest order of society ; these streets and avenues of adornment and happy homes would degenerate into slums for the ignorant and vicious, for such ever seek dark and wretched places for their abode A Report Well Worth Reading. In order to determine certain questions relative to elevated rail¬ roads in New York City, this committee sent a gentleman of relia¬ bility there for the purpose of ascertaining : 1st. How many suits for damages have been brought against the " L" roads in that city. 2d. What amount of damages, if any, has ever been recovered by any one for property injured by them. 3d. What was the extent of damages to property abutting on the line of the " L" roads. The report of the committee's representative is as follows : " Found it absolutely impossible to ascertain from the court records the number of suits brought to recover for property dam¬ aged by the construction of the " L" roads, because of the manner in which the court dockets are kept there, and after exhausting every effort to obtain the desired information, went directly to the office of David Dudley Field, Esq., No. 115 Broadway, counsel for the Elevated Railroad Companies, and upon making inquiry was courte¬ ously informed by Mr. Field's assistant counsel, having charge of these suits, Charles F. Baurdorf, Esq., that more than 300 cases were pending against the " L" roads, of which about 200 were for injuries to the jierson, and the remainder, more than 100, were suits for damages to real estate; that of these, nota single case had been 23 finally disposed of, and in two cases only—that of Knfns Story and of Glover—had judgments been given by the Conrt of Appeals for plaintiffs; that in the case of Story, the lower conrts decided that the properties of Story were not damaged by reason of the '• L " road, bnt the Court of Appeals, by a vote of fonr to three, reversed the decision, gave jndgment for damages, and appointed a commission to assess them; their report has not yet been filed. In the case of Glover, whose propierty was on the corner of Hector and Greenwich streets, snit was brought for $50,000 damages, the Court of Appeals held there was a permanent and continuing injury inflicted upon the plaintiff, and gave judgment for the sum of $500 per annum. Mr Banrdorf stated that an appeal would betaken in this ease, as there also would be in the Story case, when the commissioners filed their re¬ port; he hoped in this case to succeed in having the conrt reverse its opinion. It was also stated by Mr. Field's able and gentlemanlj^ assistant, that the aggregate amount of damages claimed in the 100 or more suits exceeded $3,000,000, ranging in sums from $5,000 to $200,000, the latter being the amount of damages sued for by the Metropolitan Life Insurance Comp^any. Not a Cent Yet Paid for Damages. " It must be observed that of the 100 cases pending against the ' L ' compjanies in New York, for damages, not one cent has yet been paid to any plaintiff, and will not be until every legal means is exhausted by counsel for the ' L' compianies, and they have many legal remedies yet in reserve to secure delay, and very ]:)robablv in the end defeat all claims for damages. How Property is Damaged in New York. " A personal canvass among the real estate owners along the line of the ' L ' roads resulted in obtaining the following important information: ' Messrs. Carter, Ilawley & Co., Wholesale Tea Deal¬ ers, Nos. 140 and 142 Pearl street, said that their rentals from these prop)erties amounted tt) $14,000 pier annum before the 'L' road was built in front of them, and that they now rent for $7,000 a year.' " Bufus Story owns two jiropierties. Nos. 7 and 9 Front street, one on the southeast corner, the other on the northeast corner of Front and Moore streets; that pirevions to the ' L ' road running in front 24 of them he rented JSTo. 7 for $4,500 a year and it now rents for $2,000 per annum; that No. 9 was worth in rentals $6,000a year, and that he cannot now get $2,500 a year ont of it; that the rentals of the build¬ ing next door to him. No. 11 Front street, has fallen from $3,500 a year to $1,000 on acconnt of the ' L ' road, and that this is a fair statement of the average decrease in rents from the Battery to Harlem. Frederick Mead & Co., No. 138 Pearl street, say they have sustained a loss of fifty per cent, per annnm in rents, by reason of the ' L ' road in front of their property. " James F. Wenman, No. 146 Pearl street, directly opposite Beaver, says that he paid $60,000 for his property; that on account of his business, cotton broker, he desired a particnlarlj' strong light; that he cannot now get $40,000 for his property, and by reason of obstructing the light, and other injuries caused by the construction of the ' L ' I'oad, his business has fallen of fifty per cent, per annum.. "Thomas J. Pope & Bro., No. 292 Pearl street, dealers in pig- iron, copper,lead, tin and antimony, say the rents for their property have decreased just one half since the ' L ' road was built in front of it; and in summer time their upper story tenants are obliged to keep the windows down to exclude the noise, smoke and gas from the en¬ gines; and in the winter they have to burn gas all the time, because of the ' L ' obstructing the light. Mr. T. J. Pope stated that it was also a great injury to business, because there was an instinctive dread of danger on the part of those walking beneath the tracks of the ' L ' roads, and manj' people would not travel on such streets. He stated that on Second Avenue the houses were small and genteel; were owned mostly by their occupants, who were mechanics, clerks, and well-to-do-salesmen; that since the ' L ' road was built there, it was virtually a total condemnation of these properties, and that on all the narrow down-town streets in which the'L'roads were built, business men were gradually getting away from them and they were being occupied by a class of tenants who carried on tin- smithing, cigar-making, shoe-making, and rum and gin mills; that while an average depreciation of fifty per cent, occurred in rents on the lines of the ' L ' roads there was also a great falling oö' in the business transacted in such streets. " Hr (larow ]>aid $60,000 for his residence on on Fifty-third street, previous to the building of the 'IP road on that street; he cannot disimse of it now for $20,000; and being totally destroyed 2ö for a residence, he has brought suit against the " L" Company for $60,000 damages. " Messrs. Murphy & McCormack, large owners of real estate in Isew York and Brooklyn, say, that by reason of the " L" road, the rents from their properties Ños. 129,131,133, and 135 Pearl street, and ÍÍOS. 80, 82, 84 and 86 Beaver street, have depreciated about 50 per cent. "Henry M. Taber, Nos. 137, 139 and 141 Pearl, and 88, 90 and 92 Beaver street, is an extensive owner of real estate; he esti¬ mates the damages to his property on the lines of Elevated Hallways at from 33 to 50 per cent. "The Metropolitan Life Insurance Company, No. 32 Park Place, claims to have been damaged by reason of the " L" road to the extent of $200,000, and brought suit to recover for damages. "John H. Glover, Attorney-at-Law, No. 110 Broadway, claims that by reason of the erection of a station, which completely over¬ shadowed his property at Rector and Greenwich streets, the " L" company has damaged his property to the extent of $50,000. " Thousands of cases similar to the above could be shown, but these ought to be enough to satisfy any reasonable person as to the extent of the injury to real estate caused by the construction of elevated railroads. Something' for the Public to Consider. "The history of the Elevated Railways in New York shows that they not only pay no damages for property injured, but that they escape taxation. In the matter of taxes, the following from tlie message of Eranklin Edson, Mayor of New York, shows that they owe the city more than two and one-half millions for taxes ; that the city has already paid more than a quarter of a million to the state on account of taxes for the " L" roads, and in consequence is that much out of pocket." From Mayor Edson's Message. '•'•Elevated Railroad Taxes.—Taxes amounting to $2,286,836.32 which liave been assessed u])on the capital stock and structures of the Elevated Railroad Companies of tliis city from the year 1870 to 1883, both years inclusive, remain unpaid and are in litigation. 26 The city's claim against these roads, for unpaid taxes, with interest, is more than two and one-half millions of dollars. Such taxes were levied for both state and city purposes, and the proportion due to the state has been paid by the city, amounting to $274,421.28." A Statement for Councils to Consider. The following statement taken from the records, shows the un¬ paid taxes of the New York Elevated Railroads for the years 1878, '79, '80, '81, '82, and 1883: New York Elev.4.ted Stkoctdres. Year. Vaiuation. Rate. Tax. 1878 $1,330,500 2.55 $ 33,927 75 1879 5,685,330 2.58 146,681 31 1880 6,908,400 253 174,782 53 1880—Personal tax 3,019,842 2.53 76,402 09 1881 9,265,5,50 263 244.557 41 1883..-- 9,265,050 2.25 208,463 63 1883 8,763,800 2.29 200,668 13 Due from the New York Elevated, without interest.. ..$1,085,482 73 Metropolitan Elevated Structures. 1878 $ 365,090 2.55 $ 9,307 50 1879 3,603.350 2.58 92,966 43 1880 7,106,460 2 53 179,793 44 1880—Personal tax 1,489,.500 2..53 37,633 75 1881 8,963,700 2 62 234,848 94 1882.. 8,981,700 2.25 202,088 25 1883 8,972,350 2.29 205,466 81 Due from the Metropolitan Elevated Railroads, without interest $962,105 12 Manhattan Elevated. 1880—Personal tax $6,792,.500 2.53 $171,850 25 1881—Personal tax 4,290,000 2.62 112,398 00 1882—Personal tax 5,413,549 2.25 109,093 83 1883—Personal tax 4,964,173 2.29 100,891 85 Due from the Manhattan Elevated Railroad, without interest ..$494,233 93 Total Amounts Due from the Elevated Railroads. From the New York Elevated Railroad $1,085,482 73 From the Metropolitan Elevated Railroad 962,105 12 From the Manhattan Elevated Railroad 494,233 93 Total $2,541,821 78 27 The LaAV Relating' to "L" Roads. In the case of Enfns Storj' vs. The New York Elevated Rail¬ road Company, John E. Parson, for appellant, argued that: The in¬ terest of the abutting owner, his right to light, air and ventilation, and freedom of access, his exemption from annoyance, is property, and it can only he taken from him by legal process and for just compensation. The interest of the owner must be condemned by judicial pro¬ ceedings and paid for before his property can be taken. Injunction is the proper remedy to protect the owner's rights. The presumption applicable to city streets equally as to country roads is that the adjoining owner is seized to the centre line. Hon. Wm. IM. Evarts, also for appellant, argued: By law of 1813, what the public takes and what the private owner is deprived of is one and the same thing. And as the pi'ivate owner had the whole fee-simple absolute, legal and beneficial, before the public took from him that fee, he retains the entire beneficial interest not then parted with. The interests of abutting proprietors in the maintainance of an open street in front of their lots, as secured and provided for under the Act of 1813, are property in the sense of our law, and if so, not to be taken away, in whole or in part, for public use without com¬ pensation. Hon. Julian T. Davies, for Dr. Carow and others, argued that: The owner of land and buildings has the capacity of restrain¬ ing another from injuring his enjoyment of it by smells, smoke, dust, offensive gases, excessive noise and obstruction to his entrance therein ; even though these damages result from acts committed by the defendant beyond the land of the plaintiff. The plaintiff's property is taken from him by the diminuition of the enjoyment of his house and land caused by the noise, smells, and darkness resulting from the operation of defendant's road. {Schauler on Personal Property, Introductory,p. Jf.; Mills on Em¬ inent Domain, § 31.) A statute authorizing the injury done to the plaintiff's house and land by the smoke, smell, noise, darkness and obstruction to his right of way, resulting from the construction and operation of the elevated railroad, without providing for compensation, would deprive him of his property without due process of law, and therefore 28 be an infringement of the Constitution of both the United States and of the State of New York. {Amendment XI V to the Consti¬ tution of the United States: Story on Const, fyth Ed. § 1956.) David Dudley Field, for respondent, contended: " That the title to the street does not rest in the plaintiff, for the reason that the mesne conveyances do not transfer it to him." " The legislature has duly authorized, and the city has con¬ sented to the construction and operation of the defendant's railway." " The taking of property' is the taking of it into possession." The Court, per Danforth, J., in rendering judgment for Story, held that; * * * The street occupies the surface, and to its uses the rights of the adjacent lots are subordinate, but above the surface there can be no lawful obstruction to the access of light and air, to the detriment of the abutting owner. To hold otherwise would en¬ able the city to derogate from its own grant and violate the arrange¬ ment on the faith of which the lot was purchased. This in effect was an agreetnent, that if the grantee would buy the lot abutting on the street, he might have the use of light and air over the open space designated as a street. In this case it is found, in substance, that the structure proposed by defendant, and intended for the street opposite the plaintiff's premises, would cause an actual dimin- uation of light, depreciate the value of plaintiff's warehouse and thus work him injury. In doing this thing the defendant will take his property as much as if he took the tenement itself. Without air and light it would be of little value. Its profitable management is secured by adjusting it in reference to the right obtained by its grantor over the adjoining property. The elements of light and air are both to be derived from the space over the land, on which the the street is constructed, and which is made subservient for that pur¬ pose. lie therefore has an interest in that land, and when it is sought to close it, or any part of it, above the surface of the street, so that light is in any measure to his injury obstructed, that inter¬ est is to be taken into the account, and one whose lot, acquired as this was, is directly dependent upon it for a supply, becomes a party interest and entitled, not only to be heard, but to compensation. And per Tracy, J. : * * If one road may be authorized to be constructed ujion two series of iron columns ]>laced in the street, another may he authorized to be supported upon brick columns, or upon brick arches spanning the street. If a superstructure may be authorized which spans this entire carriageway at fifteen feet above 29 the bed of the street, one may be authorized which spans the entire gtreet, from building to bnilding, thus excluding light and air from the street and from the property abutting thereon. Thus an open street would be converted into a covered way, and so filled with columns or other permanent structures as to be practically impassible for vehicles. The City undertook and agreed with the plaintiff's grantors, that Front street should forever continue and be kept as a public street in like manner as other streets of the same city now are, or lawfully ought to be. This fixes with definite- ness and precision the character of the street, which the parties to the contract intended to secure. As the other streets of the city were, or lawfully ought to be, so this street was to be ; it was to be an open street ; one which would furnish light and air to the abut¬ ting property, and a free and unobstructed passage to the inhabi¬ tants of the city. A covenant to keep a strip of land open as a public street forever is a covenant not to build thereon, and brings this case directly within the principles of Hills vs. Miller; The Trustees of Watertown and White vs. Cowan and' Bagg; Phœnix Ins. Co. vs. The Continental Ins. Co. (supra). While the Legis¬ lature may regulate the uses of a street as a street, it has, we think, no power to authorize a structure thereon which is subversive of and repugnant to the uses of the street as an open public street. The extent to which plaintiff's property is appropriated is not material ; it cannot, nor can any part of it, be appropriated to the public use without compensation. We think such a structure closes the street pro tanto., and thus directly invades the plaintiff's easement in the street, as secured by the grant of the City. The defendant's railroad, as authorized by the Legislature, directly encroaches upon the plaintiff's easement and appropriates his property to the uses and purposes of the corporation. This con¬ stitutes a taking of property for public use. It follows that such a taking cannot be authorized except upon condition that defendant makes compensation to the plaintiff for the property thus taken. And the Court, Euger, Ch. J., and Rapallo, Danforth, and Tracy, J J., reached the following conclusions: First. That the plaintiff, by force of the grant of the City, made to his grantors, has a right or privilege in Front street, which entitles him to have the same kept open and continued as a public street for the benefit of his abutting property. 3id transit that present themselves to ns, with the exactness and thoroughness of detail which might be expected in a prolonged discussion of these important subjects. The cable, the underground and the horse car system, each have advantages and disadvantages peculiar to each, which it is not my pnr])()se at this time to discuss. I shall confine my renuirks this evening as nearly as possible, in an endeavor to jioint out to you why, in my humble o])inion, the elevated railway system would be an irreparable damage if built in the streets of this section of the city, in which by choice or circum¬ stance, our lot has been cast. Taking iidvantage of the univei'sal 35 cry for more rapid transit than we now have, a body of capital¬ ists, surcharged with the monopolizing tendency of corporations, and aided and encouraged by politicians and orators who are as little interested in the welfare of our city as they are hnancially interested in its real estate, have conceived the idea of building an elevated railway on one or more of the busy thoroughfares of this great West side, if they can but secirre the right of way by fair means or foul. And by tempting bribes of promises, by arguments artful in their construction and plausible in their presentation, they hope to secure from us property owners permission to build their hideous structure in the middle of our streets. And unless we, who are opposed to the devastation threatening us, combine our forces and show a bold front in opposition thereto, the originators of this elevated scheme will acquire from the public one of its most valuable franchises, without rendering an account of an equivalent therefor. The originators of this elevated railway scheme boast of their ' unselfísh desires to benefit our city,' but their insincerity is evident to every one who has noticed how bitterly they have opposed every proposition which has been made to our city council by the present West Division Railway Company, to give us a cable system along these very lines of travel which they desire to straddle with their iron bridge. No one knows better than the gentlemen interested in this new scheme, that the people of the West side very much desire a cable system, which all will admit would furnish us with a rapid transit without any additional damage to the streets already occupied by the horse car system. Now in any system of rapid transit, certain definite necessary requirements should be demanded by the pirblic, viz., safety, com¬ fort, speed, and having these essentials should be able to exist with a due regard to the vested rights of the people. Safety. Safety from derailment, since it is a fact that next to railway accidents occurring to persons crossing or walking upon the track, wliich are not reported, more than one half of all reported railway accidents are from this cause—derailment. Whether an elevated railway car, run by a steam engine on an elevated track, is less liable to derailment than a cable car on a surface road, I will not waste the time in discussing, but leave it with you to consider. 36 Comfort. Whatever the comfort of the elevated car may be to the worn out traveler when once seated within the car, resting after his hard climb to its platform, one thing is quite sure, that a sensible man would ordinarily prefer the cable system, or even the old horse car system, bad as it is, to this elevated railway with its ' comforts ' of dirt, oil, cinders, soot, ashes and sparks of fire and the thousand other ' extras ' always included in an elevated railway's bill of fare. And while it may be true that the elevated system is best adapted for long distance travel, considerations of comfort and convenience will still lead the short distance passengers (like us who live in these 9th, 11th and 12th wards, intermediate between the two extremes of our city), to prefer to step upon the cars of a cable or horse street railway, instead of climbing up a flight of steps into an elevated car. The third requirement in a rapid transit system, which I shall notice is that of Speed. and essential as it is, it is not by any means the most necessary thing in a perfect mode of conveyance. But as it is one of the needs of the people which the instigators of the elevated system profess to supply, let us consider it for a moment, and we shall be inclined to doubt their claims. And to the end that we may make a fair comparison, let iis look at the official time table of the elevated railway company of New York, and the official time table of the South side cable street railway company in this city: Fast Time. From South Ferry to 42d Street, New York City, the distance is 4.33 miles, and the time of the elevated road is 24 minutes. From Madison Street to 39th Street in Chicago, the distance is four miles, and the time of the cable car is 24 minutes. From South Ferry to 93d Street in New York is 7.47 miles, and the time occupied by the elevated road in running tliis distance is 38 i minutes. From Madison Street to 63d Street in Chicago is seven miles, and that distance is traveled by the cable cars in 39 minutes. By this comparison it will be seen that in the one case the ele¬ vated system runs 38-10(fihs of a mile and in the other 37 47-lOOths of a mile farther than the cable car in the same length of time. And any sensible man will see by these tigures that when he takes into account the time occupied in climb¬ ing up and down the stairway to and from the platform of the cars, the fact is he will consume more time in so doing than would make up many times over the time required to travel the additional 38 or 48 hundreths of a mile if he desired so to do. And mind you, I am not taking into account in that statement, the fact that if you live near 41st Street and the elevated platform is at 43d, you must walk the distance from your home, at or near 41st Street, to the elevated platform, and rewalk it, in making each trip to the city. The time taken for traversing which is wholly lost. For under the cable or horse car system, you can get on and off at every corner, and at the corner nearest your home. The truth is that the elevated railway maltes speed only hy having stations at far distances^ and refusing to stop at each street corner for the accommodation'of pas¬ sengers, as do other systems. In New York the great cost of building stations, and the imprac¬ ticability of losing the time necessary in each stop and start, compel the companies to build their stations at long distances. Now sup¬ pose an elevated road built on Madison or Lake street had stations at the Eiver, Canal, Dejdaines, Halsted streets, at Centre Avenue, and Ashland Avenue, how much would such a system accommodate us who live on or near the cross streets intermediate between their stations? The truth is, unless we lived some ways out, we might as well walk down to the city. We are told that the horse car and cable car svstem " beine: sur- «• Ö face roads, block the streets, and time is lost to the occupants of the car and passers by." And this is another one of their so-called strong arguments, why we property owners should give them their right of way for their new scheme. This seems a plausible state¬ ment in itself and being a well bated hook, I am informed, has been swallowed by some of you unthinking property-ownei-s. But will some of you converts tell me how the existing evil is to be remedied by our giving a franchise, for an additional obstruction, with its dog-legged stairs and threatening platforms, to be built in the center and side of the streets! The truth is, we should not only have the rush and blockade of the horse cars, but this additional cui'se. The newly acquired interests of the one company, could not destroy the vested rights of the other company, and no one 38 knows this better than the very gentlemen who advance it as an argument wherewith to obtain yonr signatures to their petition for a I'ight of way, Having incidently touched upon the questions of safety, comfort and speed, let me direct your attention to the last, but by no means the least objection, to the proposed Elevated Railway, and that is, It is Against Public Policy to do anything that will damage the real estate and the interests of the property owners and tenants along our streets. And to know, whether it would be a detriment and damage to the property of the West side, it is only necessary to review the statements made by Col. Thompson in his speech before the West Chicago Protective League on the 29th of December last. The statements of Mr. As- tor of Hew York, that " rents on the Bowery are reduced from 30 to 40 per cent. The elevated railroads darken our stores; ruin the buildings upstairs, and it is hard work to get tenants to occupy the upstairs flats, and even when we do get them, our prices are very small, and the class of tenants we get is of the most unsatisfactory kind." But the advocates of this elevated system say, they will secure what signatures they can for nothing, and pay the damages which may be obtained against them by the balance of the property owners. I tell you then, gentlemen, we would be in a similar pos¬ ition with the hundreds of litigants in the Courts of New York^ who have sued the elevated companies in New York for damages and to whom not one cent has yet been paid. And yon who sign this request for right of way, will be conclusively ban-ed from recovering any damage which may arise by^ virtue of having this system in front of yn)ur buildings For the Supreme Conrt in this not later than 1886, in the case of the C. E. I. & P. Ry. Co., vs. Smith, (to be found in the 111th Illinois Reports, page 364,) in an action on the case brought by the plaintiff to recover damages result¬ ing from the operation of the defendants railroad, by depositing smoke, cinder, soot, ashes, sparks of tire, and other noxious and injurious substances upon the plaintiff's pu'operty, and by shaking the soils so that the walls of his dwelling were cracked and ruined, the Su])remc Court of this State held, that "where a person conveys ' a right of way over his land it will be conclusively presumed that 39 " all the damages to the balance of the land, past, present and " future, were included in the consideration paid for his conveyance, " and although the plaintiff in this case testified that cinders, ashes "and siiioke went into his house when the doors and windows were " open, and that the end of his house near the railway track had " been cracked and mined," the court refused to allow him any redress. And if yon gentlemen sign away yonrriglits to this eleva¬ ted railroad companj', 3'ou may groan under tlie burdens imposed on you in after years, but your application to the courts of this State will justly be in vain. Is it not then the better part of wisdom for us, who are as yet ignorant of the kind, and amount of damages which may result to us, by having this nuisance in front of our property, to refuse to sign any petition and therebj' reserve all claims we may now, and we may hereafter have for damages occasioned by this road if it is built. Let the other fellow sign, but let us insist upon our rights." If there is any doubt in the minds of any of you gentle¬ men as to whether an elevated railroad would be a beneflt or disad¬ vantage to our city, fancy yourself a few moments in the City of New York as it was a few years ago, when it was a pleasure to stroll down its broad avenues and study tlie majestic buildings which lined its streets, when there was an opportunity to see the collection of buildings which made up that grand city, and when the eye could wander at will and enjoy unobstructed a panoi-ama, which could only be met in the heart of a great city, and then come with me now along those very streets, wheie the elevated railway shuts out the sunslight from every street straddled by its grid-iron struc¬ tures, and you will find that under the shadows of this thing important avenues have been ruined, and that the enjoyment of sight seeing is enjoyed only in reminiscence. To destroy the sight of the passers by is of little account to be sure, atid it is only when we see the streets dark and damp, (something like our Washington Street Tunnel,) without the bright open sunshine, that we had a right to expect, then, and not till then, do we realize what a curse a system is, which not content with making a ])andemonium of the streets, ruins all adjacent ]u-operty along its route. But let us return from our fancied trip to New ^Ork, shake off the general dustiness we have gathered by this walk along án the sub structure of the New York Ele%-ated Railway, forget the. holes burnt in our clothes by hot cinders, overlook the few grease splashes upon our silk hats, forgive the brakemen who found amusement in squirting tobacco-juice down upon us, and return to our own beautiful city, as yet unfettered by this great iron belt, and do our best .^o help the men in this Association, who are doing their best to frustrate the plans of these schemers, who would foist this gigantic curse upon our streets. The Chaikman: Alderman Smyth is present, and we would be glad to hear from him. He is a large property owner, and an enterprising business man. John M. Smyth: I have very little to say on this question. The president of our League has stated the objections to an elevated road, as he discovered them in New York, as fully as any one could state them. They may talk about elevated railroads, and try to paint their objectional features as dark as they could be painted, from now until the first of the year, but they could not do it any more effectively than has been done by our President, in his straight¬ forward and unvarnished story of his experience in New York, seeking for information as a property owner and business man. I agree with the President and I believe every word he has said. We are here as property owners to inquire what is for the best interests of our property. If an elevated railroad helps our property we want it; if it injin-es our property we ought all to op¬ pose it, not from prejudice or from hasty, quick jumping at conclu¬ sions, but carefully decide what is for our best interests, examining the question as business men, looking at it carefully from every side. And 1 believe that when we consider the question of the ad¬ visability of having an elevated railroad system on the West side, in that way, considering it with an unbiased mind, in a cold, matter- of-fact way, that we will all decide against an elevated road. There is no doubt in my mind. If all the people doing business on West Madison street were to believe that an elevated railroad was for the benefit of their property, and they got it, I would still disagree with them, and 1 will stake every dollar I am worth on my judgment, that after an elevated railroad was built, they would say my ideas are right. This question has been forced upon me for the last five or six yeai's. I have gone over the grounds that our woi'thy Presi¬ dent has, many times; went into these same stores, didn't inter 41 view the same men bnt 1 interviewed small dealers, people who keep small stores along Sixth avenne and down on the Bowery. And wherever I put the inquiry about the effect of elevated rail¬ roads on their business, I received the same reply that it was dis¬ astrous. Now you cannot get a more correct impression of the effect anything has on property, than by inviting business men and men who pav rent for the property, to state what the depreciation in value is. And the unfailing statement of all men in New York, outside of the district that our President has spoken of—on Sixth avenue from Twelfth to Twenty-fourth street—has beeu loud against elevated railroads. Now so far as we in Chicago are concerned, I do not think we will ever need an elevated railroad. Our business situations are in a peculiar condition; they have changed several times in the last thirty-ftve or forty years. I can recollect when I was a boy, the contest for supremacy for business in Chicago between streets, ^vas between Kinzie street and South Water street. The old Galena Eoad came in on West Kinzie street, and decided the question in favor of South Water street. Now the old Galena Koad was the very thing that was going to make Kinzie street the great avenue of Chicago; it was going to be the business centre; everybody thought the North side was going to be the business centre; there was no question about it. But the old Galena Road went down through Kinzie street East and West, and took the bowels right out of it. Then the business was settled on South Water street. As the city grew, Lake street East came to the front, and the wholesale establishments, grocery houses, hide and leather men, went on South Water street. As the city still grew, the great retail dry-goods stores worked over towards State street, and then took a jump over to where the centre now is. We are now in another state of transi¬ tion. The business of Chicago is growing very fast, and the ques¬ tion business men and [)roperty owners on the West side have now to solve is, "Where are they going to?" Business will either turn West on Madison street or Randolph street, or it will turn South on Wabash avenue. If you do at this time the slightest thing to ob¬ struct business coming to the West side, you will turn it up Wabash avenue, and there it will stay for ten or ñfteen years, until Chicago gets too big for people to go over to the South side, and then it will of course come to Madison street, and as Madison street is the cen- 42 tre of the city, the business will come here sooner if we manage our affairs right. Now, gentlemen, I believe it is our duty to foster this cable line; give it all the advantages which it ought to have, looking at it simply from a business standpoint. We need not care whether the stockholders make money or lose money, as long as they give us proper accommodation and help our city, and help ns to bring bus¬ iness to Madison street, and make Madison, and Randolph, and Lake, and Van Buren, and Harrison, and West Twelfth the great business centres, which they are bound to be if we do our duty; and when Chicago gets two and a half and three millions of popu¬ lation, Madison street, in my opinion, will be the great centre. It will be just as the Chairman says it is in New Yoi'k city; the busi¬ ness centres at a certain place, and the business follows the people and will follow them again. A. T. Stewart said whenever he dis¬ covered he was out of the trade centre, he got into it, and he went from Chambers street to Ninth street, and if he were alive to-day he would be up on Broadway at Twenty-fourth or Twenty-fifth street. And so it is with the merchants of Chicago. As soon as they discover that they are out of the business centre they will get into it again. Therefore, for all these reasons, I am not in favOr of an ele¬ vated road. I think we would simply create another avenue for people to go ]iast our property and do their trading on the South side.