Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-12-25


pany now organised pursuant to the requirements OF
its charter has power authority whatever to con-
the Harlem river or to lay or extend any rails in
| thecity OF New York; and that your Honorable Body
resolutions confer any such privileges ON that
That petitioners actively engaged in con-
strucng the railroad in the County of Westchester
der and by virtue of the othe Legislature lastly above
referred to- and although but six months have elapsed
the Of the sa aS
and have nearly completed the laying OF the rails thereon
and are rapidly progressing with their work, nowith;
standing the pecuniary OF the period and
the obstacles interposed by hostile interests
Secondly your petitioners remonstrate against the pas,
sage of the resolution because would be violation OF
the legal rights and just claims Of your petitioners
Your petitioners further shew, that your petitioners
State, passed April 25h 1891, and authorised to
construct railroad with double track to the Harlem
river, with branch the Hudson river between iaith
and l2sth ST. eets. That petitioners under the an-
hoty the said act of Incorporation and Of the suhse
Iuent acts Of the Legislature amending and extending
til same, have constructed railroad, with a double
track from the City Hall to the Harlem river, and have
now employ ed thereon for the alton of persons
ami property, six locomotive engines large number OF
and Hundred and forty horses That In the con-
structon said road your petitioners have invested
their capital stock originally subscribed for paid
cash. and expended the of upwards Of one million one
hundred thousand dollars That the road of your petit
TONERS commenced when the science Of construct
ing railroads was in its niancy and the route was xed
where the line OF your petitioners road presented natural
obstacles of great number and magnitude, causing avery
large expenditure of money and investment OF capital
That dividend has been made upon the capital
ed by their this OF their
property That when the construction of the railroad OF
your petitioners was commenced was contemplated by
the stockholders that road would be constructed from
the termination the road of your petitioners at the Har
lima If road your petitioners and giving them the ad
vantage alarge oihe productions OF the
country and the travel to the northward from this CITY,
And your petitioners further show that in frtherance
general design the Legislature of this State passed
Road Company the 18th Of April 1882, and authorised
that Company to commence that road at the point then
by your petitioners as the termination of their road
That your petitioners perseveed in the construction Of
their work. under TIE most embarrassing and dseoura
York and Albany Rail Road Company would be able to
construct their road by the time the work OF your petit
bsr to Harlem and their
gagemen the public, while the New York and Albany
Rail Road Company, after various nehestual efforts to
the Legislature during period Of ards OF eight
years, have wholly failed to accomplish the objects for
which they incorporated That experimenting that
the New York and Albany Rail Road Company would ne
able fill up their capital and construct their
work and having satisfactory information that if the rail
road could be constructed through the county of West
chester to the northern boundary Of that cosny the
abans of the counties Of Dutc hess and Putnam would
supply the means continue the road through these
cousties viewing the early construction of the work
as Of vital importance the commerce. enience and
interests ofhc City of New York, and oimmcdate
quence your petitioners they were induced to apply to
the legislature of this its last session. for leave
extend their road the northern boundary of Wesches
ter county and thus bring this link in the great
chain OF INSTRUMENTATION within the reach Of those
who stand ready to complete the work
That this apple alton of your petitioners made
known TO the New York and Albany Railroad Company
and the draft Of the law proposed to be asked for by your
petitioners was submitted to that Corporation and ap-
proved by them That the law so drawn, submitted to,
Of assenod to by the New York and Albany
Railroad Company, duly enacted by the Legislature
this the It'll of May $780, and in and by the
said Act YOUR advised and insist that the
Legislature resumed all that portion of the franchises
heretofore granted tosthe New York and Albany Rail-
road Company which related to the Crossing Of the Har
lem River and nstrucng railrosd in the County of
Wescheser and granted all those franchises anew,
pressy and dentcally to ysur petitioners Your petit
beg leave to refer honorable body the legal
opinions Of Edw ard Sanford Esquire, the Honorable Ben
amin Butler and Chancellor Kent upon this subject
exhibiting clearly the rights Of your petitioners in the
premises , =,
incorporated and having invested large capital in an
important public work under the sanction OF the Legsa
tgrs Of this state ana ,ne m mn o
for their investment which are the natural
wards Of capital s%PoHed IN S,sul as6ps y ns
their work and perfect general plan upon
which the road Of your petitioners as commenced hsy
ing been Obliged apply to the Legislature for
20 construct portion Of that work to insure the compile
ton Of the and therein added largely to their
investments and expenditures and having actually
ged with vgor in the performance Of this duty under the
the public faith, petitioners respectful
y submit that would be in the highest degree unjust
and oppressive your petitioners TO attempt to deprive
them of any portion of the advantages which may flow
from their enterprise and perseverance in surrounding
all obstacles and performing their Undertaking with the
people. ,.,.,,,
the Nav York and Albany Railroad Company auho
rzed by the Legislature to I'll up the capital stock and
Commence their work III the same has not already ex
ped will upon the liberal and extended consruc
tons expire the l2h Of May sl and that having for
eight wears ana upw ards any attempted gain the pub
lie confidence sufficiently procure their stock to he Ia
ken TO construct a work Of acknowledged public utility,
and vital commercial importance TO the city Of New York
whether the Legislature Of the State will ind IN its past
experience Of that Company, asy guarantee Of future
success or continue 20 leave commercial ssccndancy
victim conendlng private interest or The sport Of
faction. -
now arrived when scen will be deemed better test of
intention than professions when results will be weighed
ability be Judged by what ii has accomplished and in
matter which nearly the interests Of every
ia our city, charged with making provision for the main
tenasec family the support ofhimseli the most
bshe and eeient OF meeting the public and
wishes will DO selected Your petitioners further show
that they have completed their double track from the City
Hall to Harlem river that they have provided The most
ample means OF slordng every accommodation to the pub
lie, and now conveying oyerour thousand per
means provided for the public accommodation in any
part ofhe world Tina. with the large supply Of rehi-
eles and locomotives they possess, they have the
means sfrunnng much greater length OF road at
little additional expense and as fast as their road shall be
completed into the interior can extend their trips imme'
diatey that within eight months after the passage Of the
Act Of Say Th 1870, they will have completed four miles
ofthe roal thereby committed 10 them, thus sdd.g hfy
r cent 10 the length Of the road before constructed by
Them they have invested in their old road and the
new nsluding the bridge the Harlem river pur
chased by your petitioners nearly the Of one million
three hundred thousand dollars the profits upon which
denepd rrcs,y upoa the completion ofthe whole work.
tbst 40 ,trnct the whole they will only require sub
ssrons fron or loans from capitalists or the
City governments TO moderate amount the pay
pent ofwhiehthey amply secure upon property now
in hand and the extension Of that countenance and en-
eouragement by the constituted authorities OF the city
hich the public interests demand. That your petition
ers are ready and dessus OF extending their rails la the
city 10 the North and East rivers at such points as in the
udvnen ofrour honorable body may best promote the
and yoner convenience Of the PEG
ple that with such aid IS petitioners now couhdent
IL believe they al be able TO obtain, they will not only
be able 20 plcie their road 20 the north line OF West
chester County tkeircsrs hy miles from the
civ Hall in the year is, but also TO construct branehet
Interesting the New York and Erie Rail Road at fier-
mon, on Hudson River Tappan Bay and the Bridgeport
and Iiousatonic Rail Road Of sawpts on Long Island
sound. as authorised by the said act
That petitioners cohesive that great
are secured TO the public by the Legislature
Of this Slate having by the act Of May 9TH, lsto placed
the construction control and management Of all the lines