New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-10
TRIBUNE.

~
meeting of the Board Of Aldermen, held
IT, q 1a51 the following communication was d.
rected to be published in all the newspapers en-
ployed by the Corporation. -
D. VALENTINE, Clerk.
oxr,cv ov THE COUNSEL TO THE CoRToRAT1oN,l
Wednesday Jan ., leol ,
IN a, Beard Of Aldermen;
GEETLEAES In pursuance OF the request con-
t.;ned in the annexed resolution, 70 Wit
Rsolred That the Counsel to the Corporation report 20
this Board, whether in his opinion ne gss eos e s
poeed by the Committee that subject ana Vetoeo " -
Honor ex Mayor Woodruff contains any provisions " ILL.,
SI For empoyiHe the New-York Gas Company 70
light the public lamps longer han the CorporauoN
Whether il contains anything Preveat ne CorPo'
ration from employ ing any other company 70 WIG ''-''
Sa WbssbeI h Would prevent Corporation from con-
Eerring he same privileges Of bghung lamps ana aging
mains, any other company VI 'oH'P'4eS OUNe VIC
WSeSer said contract would confer any privilege,
x.en, b., ev from time 10 time lay their iron pipes
or mains ard he same may remain In the streets Tor eign
cen fupder the existing contract (which has
two wears 10 run the ComeOn Council have any power 70
grant rival companies s right to a Ppes 10 NE paSne
streets and consequently compete WIN inc New Vas
Comp any in supplying private consumers
have examined the basis Of the proposed con-
tract with the New York Gas Company as con-
tanned in the resolutions proposed by the Select
Committee, and in reply 70 the first question sug'
gested, / answer in the negative.
The contract proposed would bind the company
10 light all the DO bic lamps which the Corporation
might require to be lighted during the term OF the
contract upon the terms therein mentioned, oot
there is nothing in the resolutions making 1t obh-
gatory on the Corporation so TO require them
The obligation is only on the part of the company
the Corporation may at any time refuse or decline
10 REQUIRE the company 10 light the public lamps
and that terminates the contract.
In reply to the second question, l also answer
in the negative Not only is there no exclusive
right 70 be granted, but the eighth stipulation con-
tains an express denial OF any grant OF sole or
exclusive privilege, and an express reservation OF
the right OF the Corporation at any T. me to grant
the same privileges to any other company per-
sons or parties whatsoever
The reply 10 the third question must also be In
the negative. The eighth stipulation reserved
the right Of the Corporation TO make similar con-
tracts, or to grant similar privileges TO any other
company, or person, during the term OF the con-
tract.
In reply to the fourth question, have to say,
that it appeared to me that the only privilege
granted to the company is the right to lay mains
pipes in the streets during the term of the con-
tract. And this, by the seventh stipulation, they
are to do under such rules and regulations as the
Corporation may, from time to time, pass. And
the company stipulates, in all things, to be gov
erned by such rules and regulations.
In consideration of this privilege the company
agree, so long as they shall be required by the
Corporation so TO do to light all the public lamps
wherever the pipes of the company shall be laid,
at the price stipulated in the proposed contract.
Whenever the Corporation should not require
the lamps to be lighted by the company, all the
privilege that would remain TO them would be
that Of laying the pipes or mains in the streets,
under such rules and regulations as the Common
Council might, from time to time, ordain and es
tablish.
BY the present contract with the gas company,
made on the 18th day of May, 1923, the Corpora
tion granted, demised, and 10 farm let to the gas
company the sole and exclusive privilege and
right of laying OF placing under ground pipes in
all and every of the public streets, and parts of
streets, of the City Of New York, lying south OF
the line therein described, for conducting gas for
lighting the public lamps in the streets, or parts OF
streets south Of said line, and the houses and
buildings fronting, or 10 front thereon, or bounded
by or adjacent TO the streets parts Of streets,
south of said line. By this grant the company
were to have and to hold the same until the 18th
day of May, 1883"
] cannot doubt that it would be a clear violation
of this grant, for the Corporation during the time
mentioned, to make similar grant to any other
person or corporation.
The former grant conveys to the gas company
the sole and exclusive use of the streets for the
purpose of laying pipes to light the public lamps,
or houses or buildings, until the 10th day of May,
1883, and cannot see how it would be competent
for the Corporation until the expiration of that
term, to make a similar grant, grants, 10 other
companies TO supply either the public lamps, or
houses, or buildings in the district embraced by
the previous grant.
have the honor to rema N, yours.
HENRY T. DAVIES.
post-nmce nna~aafous