New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-10-20
Railroads 10 Cities The Case Of the HsdsoH
River X. II. co

part Of THIS Con pany 50 10 make 10 exp f.ol' s'H
proper thai NJ Injunction should be iss-e1 = ie
srsia The az il. ~ Tie rails 90 Hld- 20 .. Ti-n
olt fob notice Of the gcn5eacy of TIE application
&, that fl h@srrg nay be had TIE power 20 i''l7 50
-iancron without nJd-e ~he1 sslded VIC M l'i'-' r.
ss should be exsrc s@i with great cs1uon an pny in
csses where great ischisf and parable h1fi VII
fon delay The Judiciary Act u be rne1 STATES Ya's
10 1915, famLisfly snoT1 20 10 oo10uJ' eon---' ~
clause No i1ilrcoa .asI he granted 81 aAs e''' ~
oct reasonable previous notice 10 the adverse parry ~
attorney Of The lime ard place Of morrs Tor ne san
The judiciary Of this sat not i-.s'si by say ~
lar provision from reliance 90 The ci-creuon ara VIE
~ Il tie Judges b1g venture 20 ssy' ma
ID me power we're exercised 90 cs's Ike WIS
Without noacs. The necessity fer hse ssi-f1a'a
w0uI BE- shown 70 tire people Of '-i' -is'e. 10 s'l
i- construction Of railroad % ne gfonrd o. hl'sAl'
belongs 70 ra.t az To say nat ne rghi 70 ~
rai. "a public streets is opea 9lesuon' IL Comfy
a t-r- as ecu SLOWED fo tws-y yesfs g fi-ifuio4s
Sch rights originally founded neesiiiI 20 a. shi,
AZ. 10 some degree are more en.aeuLy iu,nned ~ I"
.er twenty yesrs -xrersrcs hsu ey we're 81 ihe fret
Inception Of hem.
Hudson p. has been TOO long open aud public street
% BE- excepted on the request Of Few owners from sa 2
o.. b. bs ouhc a. the necessities o. fra1 e0T.ses sat
,ase require The use for ihese great objects e
a. mich matter Of necessity IL the use " Other convey
aaces and he right can never be ,1reniefed by lbs
public % The private owners particular street IL is
fr the public srd not Tor ihem 10 determine how the
streets shal be- used. The running Of stages through
Bfos3wsy from early 10 the m0fnns until late At night
fqroducns ces.e-ss rosr, and srembi1s that reaches
t. he esrrets u houses lie deemed - people who ioTe
oaiei. reposa ard safety, Objectionable The public,
however, looks 10 other points. AID decides TO main
t.ia The occupancy Of the ~ such vehicles, fO
the great aid they furnish the rapid prosecution Of
isinss.. and Tho convenience Of travel 10 many
streets Of Europe q stone 10 laid In parallel
laes with smooth surface, for the easy running Of
whee and the space between s paved rough 10 flt he
rs, u horses are owners street 10 sag that his
nay nay moi lie done May not he public cut groove
n TIE stone for wheels substitute iron for the stone a.
a. % take in wheels Of particular construction, for The
use Of any private vehicle that IL suitable These are
propositions IS hich no one will deny. The public may
lisef IN that manner for he convenience OF trade
Commerce and travel without asking the individual ovn
es and TOR pre- ctcsly il would prevent he o5ec with
olt necessity OF paying 10 each owner damages II
oul6 be consistent WIKI the object for which the street.
originally opened by the public, or thrown open 10
tie pabAc. The on lludson-'t inquire WHISTLER
THE may be done by The pubic hy means Of Railroad
Jld &C. Robertson IN a csse referred below, answers
tie question de Gays, delivering lhe opinion Of The Ken
lucky Court OF Appeals Tas s0re'si9 roreT nap,
ao4bte9lp ps hint ere-f through uch snstJp1safs
he Conrnfuon1i authority iohics u might employ Tor ne
eeeiaotoao Of sisay ote BY aEg osT agency or n any
Other rsod," This carries the whole case, and II net
sound law sngie Rarosd cat be built Of any length
Ia his country.
To ne Editor Of The Tribune
The application for an Injunction is founded In part on
ne fact mat tho IN The Board Of Aldermen did
cimyfse majority Of al The members elected 10 favor
OF LAYING ih- rails through hudson-s shoas there a.
'oriiy Of al present, and they constituted qnorum
TIE supposed necessity for tht grows ouI Of miscon
s'rucucu VI he Cry Charter ana amsspphcsuon OF i'
provisions 10 this subject The Charter declares that
lac shall be passed except by msony Of he members
ected This provision Is resirlcYe and hefefore, &C
riding 10 all authority should be extended by
preis inasmuch as those having power 10 maze hsI
mime IL f u part of the dehuiuon of laws that hey
prescribed b. the ssPre"s power N sisse Tna1
Supreme power PASSED al ec1 Incorporating ths COmps.
nv which constituted the law dec -Iing ihst the rails
n GIT b laid on wesiehy Of Hudson-- provided
the Of the Corporation OF SAID City be nrst oo-
tanned for such location" The power Of The Corpo-
ration IL rot original but is derivauve ana must
precisely conform 10 the net They not pass
A laq they we're give merely assent 10 shat
authorized by law. Laws are permanent uniform
aid universal. they affect the rights and prescribe the
Sqes N ali TO ~ oIr- a aoriIy Of all elected 10 pass
EN-, thing. The Legislature might have restricted
ts Corporation in II, manner In every measure Way
Sere they silent Why did they omit exie1d
is provisions 10 what genera, but special what
.5ss ,o eomsa0v sSd few streets. fas operson Of
trer assehf 10 Immediately spentit Is not rr!e The
sane Leoisaiure which used the words asseni and ia
HI rot 1iesn The same thing by beth When assn.
agree, conply yield The law prescrlbes, eulorces,
commands Il wa, not intended 10 require majority o.
I'D passed and deemed beneficial but when the Corpor.
auoa passing lai', using i's power senng indie
prndenty good evil then criiy % al elected
should sci. 10 prevent It's being hurtfSi
2 Bat the restrictive clause applirs to tie new Board
a. come Ia under the charter January and not
present Board elected under The old charter which
contains no such provision.
The old charter, by express terms, 10 kept In force 20
far ~ Il Is uOl irconsifieut with the rev. Sec "a
The section in the new charter containing he restrictive
to regulate exclusively the new Board Provision made
In hem for three stated sessions IN January M.y ard
requisite that Board The 4ih section concludes 50 fol-
Zach Board may originate amend, concur IN Or
pss either Board except hys majority Of me members
elected Nstho Board shall adjourn for a longer period
u IN thr,s day. cIcP ~ a's'osoa 70 b eoEc,d u by
Tae restriction Oh the power to adjourn ia intended 10
relate TO the periodical sessions In January May OF Sep
tembes, when both Boards VIII be sitting lessarng from
DAY day, and has relation 10 The present Boards
which acjoan from week 10 week, irrespective OF each
others The two restrictions together
aud IL one force. both BE- force No sup
poses the part RELAXING sdjourxmeuts 10 IN opera
ton. and in the daily pfscce 1t 10 wholly disiegsded
How The preceding member be dee'red 10 oper
alou Th- two BosFds were elected ent they meet 10
adjourn under the old charter They pass their laws an
der the ssme authority lis clear therefore that The 70
sc i've clause requiring the vote TO be majority OF he
whole. does not apply, even II the asss- were slsw
referring The provision quoted from the charter
will that the Legislature contemplate tbs pas
ssss BY toe Common Council Of any law, ordinance or
by majority OF the me uloers elected The specihca.
n Of three distinct modes Of exercising power aud the
-hoss The principle that governs tie Interpretation Of
scve clauses, ,nSi ordnance resolution might
bs passed by majority OF fioss rrs'enf Both an o.c
uanceend resolution higher II dignity than
sent and with .tfon may q Be said hat Il does
not r. uire any other msioTity
Tae assent is neither "a law, or5narce Or resolution"
The Legislature had required Inc assent OF ssy otner
body or Of the owners tie sivrg OF that would
not constitute The passing Of law ls csrsc
ter rot changed by substituting the Common Cou1cl
Bat n al lh-se points fall the1 Il IS clear Tie al
icGsed that private person cs1ao; take advantage
me defect Iis matter between the Corporation and
TIE Company and the public IL The party 10 AeEe he IN
iormsAty.
S. The power Of the Court OF Chsneery this and
k.rtred sui scs by injunction was clearly laid down 10
S by the Court - Errors 10 he Of The Mayor. &c
OF biookiyn ST snts srd 9 II. and P Mrrserole.
respondents Is " eudel. ?. Isl
AZ Junction had been granted 10 thss case 10 restrain
ihe Coiamon Council and its sseas from proceeding 70
open 5e4ot Avenue through TIE respond.nts property
IL conceded that there was want OF sutoIi;y 20
ope1 the but the question srJse whether he con-
inou Law Courts Court or Equity should s1ord ne
remedy The Colrt OF Errors cisurey he'd hat The re-
me5y by irgacnon improper, and turned Ire parry
10 h. proceedings IN The appropriate tribunals
TIE Chief justice, IN an opinion delivered ~ HIN ms
states the matter.
Th- question then IT, whether iEeo5lify In the PRO
ceeinss s.eh csrfsssdy 'szcs ,ts@ irspeanrs 1,e
rd. Affords grcuud for ne cosritaree o: Court Of
Equity Has Court Of Eq1ty ne irqIresl
claimed or exercised the righ u pq1ng iaio pro
cedirgs % saoorcnste ognals Of special and Local u
which nav sfscs The Of fss! estate with 20
fhsu sxira void C.c-r