Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-25
P T. L / + / o n.


NEW YORK AND HARLEM RAIL ROAD
COMPANY.
In Relation to Certain Rights and Privileges
elaine I'd by snid Company, and RemOnstra-
ting against granting pernaission to the
New York and Albany Railroad Company
to Cross Harlem River opposite the sixth
or seventh Avenue, &c., so. which was
referred TO the Special Committee On the
New York and Albany Railroad, OF which
Alderman Rich IL Chairman. Monday, De-
sember IA, $40.
To me Honorable the Meyer Aldermen and COmnon0y Of
the City Of Nsw York, in Common csuneii eonvened.
The Petition or the New York and Harlem Railroad
Company, respectfully showeth;
That in the published proceedings OF the Honorable
Body ofAldermen at their meeting held the 3oh Nov.
ul your petitioners find resolution offered for the
confederation your Honorable Body in the following
words, viz:
R,olved That iithe Board of Assistants consur) the
Common Council ill permit the New York and Albany
Railroad Company cross the Harlem river opposite the
Sixth or Seventh Avenue and to extend their rails by
route hereafter desguated from the point of
point the East and North river in the business
part Of the city
That your petitioners had not been spprised by any Pc
on ofthe bitans Of this city, by any public
msris from the New York and Albany Railroad Com
psny addressed your Honorable Body that such pri.
yleges desired be conferred upon that Corpora
ton By any portion ofour citizens that the New York
and Albany Railroad Company deemed themselves au-
horized or entitled to the same and your petitioners
were consequently greatly surprised with the resolution
above quoted and feel bound earnestly
against the passage thereof That your petitioners urge
upon your CLASSES of objections tho
passage ofthe said resoluonFirs the absence OF any
legal or jus, right claim OF the New York and Albany
Railroad Company to the proposed grant
Second the violation OF the legal rights and just claims
OF your petitioners ed in the proposed resolution
First the New York and Albany Railroad Company
have no legal right claim to the proposed privilege
Uader this head your petitioners shsw that by act
ofthe .ss,urs this State passed April 18th, lisa,
charter wa, granted TO Company by the and title
the New York and Albany Railroad Comp,ny, with
authority to construct railroad o the Harisa rr,r 70
the city ofAlbsny, upon certain limitations sna conditions
therein specified, which, petitioners allcise have
never been com Piled with performed, any company
legally organized under the prov sion Of The said act Of in
corporation That from the period Of the passage Of the
said act 70 the present time few individuals have been
occasionally engaged in frues efforts to get up and
rani1e company under the said act Of Porson and
have from tine 70 procured from the Legislature Of
tins State extensions oftne forths purpose bat have
a. 1t able procure the capital stock Of the sail
CORPORATION to be subscribed for and paid in according
the terms oftke charter construct any psrt Of tn.
work proposed TO BE- sslsby virtue thereof That the lit
tie whish has been done in reference the enterprise
has been principally expended and performed by ind'ia
uas on their sccosnt in snticpston Of the prope
organization Of the Company under the ehsrcr ami with
the ,xpeetasos ofran,errn. the burden AMI expense
tsereofto the Corporation when should erganze upon
receiving payment thereof and sot by from any snds
ofthe Corporation Known or existing such Thst by
the terms Of the original Of incorporation the New
York s.d Albany Railroad Company had right power
or authority TO consruct rslrerd withi4 the City aud
County Of New York except to Commence the 1land
ofNew York where the Fourth Avenue terminates at the
Harlem river"
That stthe OF the passage Of the said set your Pc
teners by various proceedings under their charter pre-
ouv granted Fixed the line Of their road along the
Fourth Avenue and made s n,rthern termination al the
mint where that avenue interrects the Harlem river and
eop..auenty the intention Of the Legislature in making
the New York AMI Albany Railroad commences At the pre-
else roint her. the road Of your petitioners terminated
va. 10 form with the road Of petiioners continuous
railroad communication from The city Of New York
vow petitioner, further shew that ny act of,he lie.
giss,ure Of this state passed May 9h 1855, the New
York and Albany Rsirosd Company were authorised
follows.-a The said Company are hereby authorised
sfi,r thy shall have completed NOT lees fhsr 30 MILES = 'ss
County Of Hestchsssr to the said road
mon The island OF Nov York with the consent of the
Corporation Of the City Of New York. and to construct
the same in such sections they sy deem most eligible,
and ssfast az they may obtain means FOR 50 doing"
That said Corporation hes constructed such
road and have no, yet been able 70 procure TO
construct any part thereof and have notthsreore M
gal rga or authority properly organised under their
charter 70 make such work ss proposed by the resolu
zen now ptndins before your Honorable Body.
Your peueners further shew under this head that in
the act q incorporation Of the New York and Albany
Railroad Company, the Legislature expressly reserved
the right shy time TO ar s.ens Modify or .,p.sf this
act ~ - -
That the charter thereby granted remained for eight
years without any substantial effective action under
and by an oct passed May 7th, leo the Legislature and
sovereign power As representing the people Of this state
resumed the franchise before conferred or intended 10 be
conferred upon the New York aud Albany Railroad cam
pany, wthin the Couny Of wescheser and granted the
same to your ptioners expressly declaring that the
New Yerk and Harlem Railroad Company shall r,ssess
all the powers and be subject TO all the restrictions TIA
contained in the several acts suthorsng the