The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-08

A question Of very considerable magnitude and
importance has recently arisen between the sister
Cities in relation to the right of establishing ferries
the East river, from this city to Brooklyn.
We say between the sister cities, for although the
proceedings now pending in the Supreme Court, IN
the names of Messrs Benson and Baron, and the
other persons interested with them, would indicate
that they are carried on for the benefit of those
persons. yet in reality they carried on at the
insgation, or at least with the appreciation Of the
citizens of Brooklyn
The week before last, the question was argued
at great length, and with great ability, before Mr..
Justice Barculo, and the arguments of counsel on
both Sides were reported in extenso in the Herald;
but as law arguments are wrapped up in technical
phraseology we propose to give short history OF
the case, stripped of all Its legal technicallties,
that our readers may have clear comprehension
of it, and of the rights of both parties.
II appears that in 1855, very soon after the En-
glsh wrested from the Dutch the possession of the
State Cor, as it was then called, the Provnce,) of
New York, Governor Dougan, who was seat over
by James III, to administer the government Of the
Province by royal charter granted to the then
Ioration various privileges, immunites, and fan
chses for the better regulation and government of
the city, and amongst others, the right Of esab-
fishing ferries between Manhattan Island and Long
Island, and between the former and all the other
islands in the bay and the surrounding shores. In
l70S and in 1892, in the regns of Queen Ann and
George III, two other charters were granted, by
royal authority, confirming the charter granted
by Governor Dougan, and considerably charging
The ferry privilege. II is also alleged on the par
of the Corporation of this city, that the colonla
Legislature confirmed these grants, and that ate
| the revolution they were confirmed by the three
constitutions OF this State, and by the State Legis-
lature and that under these instruments, to wit,
the three charters, the acts OF the colonial Legis-
laure the three constitutions, and the acts OF the
| legislative assembly OF the State, they have the
exclusive right 10 establish ferries and run them
| between the cities of New York and Brooklyn,
and have exercised this night, unmolested, for up
wards Of 200 years.
In 1915, an act was passed by the Legislature Of
this State, appointing commissioners, who were au
thorized 10 license ferries between New York and
Brooklyn, and also authorizing the persons who
might obtain such licenses, to apply to the Mayor
and Common Councll TO grant slips and piers for
the accommodation OF the boats, and the laading OF
passengers, NC, and in case OF refusal, they were
authorized TO summon jury to value such slips and
piers they required. and upon tender OF such
sessed value TO take the same. In ince OF the
act, Messrs Benson ard Barlow, in October, 1917,
applied for and obtained license TO establish and
run four ferries-one from Fulton street, another
from Wall street, and the other two from the foot
OF Whitehall street. 10 different points in Brook
lyn, and subst quenty called upon the Mayor
and Common Council TO grant them piers and
slips, which application was refused. In the
month OF November following, the notice required
by the statute, that a jury would be summoned,
and valuation Of the slips and piers (requred for
the accommodation of the boats) made, was served
on The Mayor; but no further proceedings were
taken under that notice, the CORPORATION having
filed bill 10 restrain the parties from proceeding,
the ground OF the titutionaliiy of the act
Of 1915, which is still pending Three of the
| fernes-namely, Fulton ferry and the two ferries
| at the foot Of Whitehall street-were long since
est blished and in operations; that in 1876 they
were leased to the gentlemen named, lie Roy and
Pierpont, for five years. which lease will expire
| in May next; and that the plaintiffs, or one OF
them, about wear ago, applied to the Mayor aud
Common Council Tor lease OF those three ferries,
upon the expiration of IL roy and Pierpons lease,
at rent of thirty thousand dollars This applca-
ton was refused, and Corporation ordinance was
soon after passed. TO grant renewal OF the lease
TO the former lessees. Upon discovering that the
ordinance was passed. Messrs. Benson and Barlow
filed complaint in the Supreme Court, setting
forth the act OF 1876; and that they had obtained
license under IL TO establish and said ferries;
that for that purpose they had entered into cles
OF partnership with the Brooklyn Ferry Associa-
ton, under whose management said ferries were
then running, and Of which association Leroy and
Pierpoin, were members; and that the association
and Leroy and Picrpoint afterwards refused to
carry out said sfr ement They, therefore, prayed
that the Mayor and the two boards might be re-
strained from granting the lease, and that lie Roy
and Pierpoint might be restrained from accepting
IL. Upon these allegations they obtained a tempo
rary injunction against all parties, and after
applied TO make II perpetual; and, as we before
stated, the question brought on, the week be-
tore last, and argued before Judge Barcuo.
This is the short history Of the case; from which
the constitntionaty or unconstitutionality Of the
law OF 1Si5