The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-01-22

u to any enoluments psrquisites arising nom the
been granted to the city Of New York. Nor Is 1t
question for this court whether IL abuse power
the legislature can resume it. Il so, no allegation, no
pretsnce has been made By those parties who
and put 1t into their but they say 1t Is for the
the Brooklyn Ferry Company? but II there abuse
our part why not set It forth II We abuse our trust
now stated what il not the question win now nq afro
what is whether the Legislature take franchise
which has been granted to A. and give 1t TO b. The
Pierpoint we're established held, and wnei by US,
whea this passed The fourth ferry is conceded
any With that propose to grant
II to any body snd SO far as the motion concerned
s out Of .ss fs0ps sss
Such being the powero the Legislature. 1t becomes
important to inquire into the rights Of property OF the
corporation at the time this act was passed and in
this ection your honor will bear in mind that at
the time Governor Dougsns charter was granted tho
confirms the right to that ferry and gives the right
to establish others 1t also confirms the right to the
lands sresdy nsd BY the city and gives the right 60
ferries to them their and assigns for ever
and will it be said that this grant not binding and
conclusive If made to an individual and that
the Crown If 1t choose it did had right to make
this grant But it is not nece ssary to discuss it. sx
it is grant Of ferry right between this
city and Long Island Indeed, counsel on the other
eide does not seriously insist that other ferry rights
were not granted and is also remarkable shat the
land Ia granted for every that is located from
which its follows that the right to establish ferries is
granted, and to receive the emoluments and profits
thereof. But IL seems that in process Of time some
question raised in regard to this right and reti
tob presented to the Crown, to and confirm
and your honor i'll observe that another grant
given conrmstory of the old charter with fu powert
establish other ferries appoint landing places and to
ceive the tolls, rents perquistes and emolumsnts
the excepting thereou the liberty to ali persons
who had plantations the river to transport them
selves and back again, in their boats with
out ferrsge and so as they did not transport or carry
stranger and this grant gives the lands all
round the islands to the corporation and their success
sors which includes under the absolute right of fer
rage round Manhattan and the hboring islands
and 1t also contains covenant for quiet enjoyment to
them and their successors for ever Nov let us see
what this grant is far the proposition to oin
from granting those leases is concerned and what
wish to inquire OF your honor is, whether it is in the
power of the Legislature TO make more exclusive
right, grant more absolute power than this char
ter 1t grants this ferry together with the land for
should become necessary to establish other ferries,
making it exclusively the duty OF people living on
the other shore. TO confne themselves to pass
and repass in their own boats. but not to trans
port strangers. By this it will be seen that the
exclusive privilege of transporting men, horses mer
chandise &c from Long Island to this city and from
this city Long Island is given to the corporation of
this and this privilege has been enjoyed Tor 200
years and was confirmed city by the statute of
1873 and If the court pleases We not prepared
TO dispute that grant like this ought TO be strictly
construed according to the rule laid down by Chief
Justice fancy hut this is not case for strict con-
structoD. tor there be any doubt your honors
mind CT what intended to be conveyed to the cor
porat10n OF tnB city 1t 10 true That the cnxrtor
leaves it with the corporation to select any point they
please landing place but does that raise any
sonabls doubt of what intended to be conveyed;
and would here ask II the Legislature have power 10
convey those frsnchises TO whom Chancellor Kent
wisely says would 1t be more proper to convey them
than the corporation OF this city? Who has great
ct intesest than the corporation of the city of New
York. whose members are the subject OF popular
elections and popular feeling? They possessed this
property for years which is to be Affected by
this and have they jured it. or have they
put up those ferries to such extent ss would
LII nr,n Uhnfa sc fhA
before us,-i that they have granted lease
to two citizens OF Brooklyn, of honorable character
million of dollars in both elite. fixing the same rates
Of toll fixed by the license and placing those FER
res under the tame control as they were under at the
time Of the pss,age Of the act Here would remark
to your honor hat this question OF right to esab-
lish other ferries has behind 1t another very embar
RAISING question and that Is they esta bish ferries
where have already established them and thereby
de pIiye Of tolls so Now II honor plea.es
the right to ests bsh ferries in this before
what have to suggest upon that point ought TO
cay that 1t is where beld TO be political power,
and The casOs cited on the other side do not sustain
their proportional maintain IL IL not a political
power, IL is incident to 1t; and / now
claim your honot's attention. TO show that the
ts az ' they w eont.ns t for He them read
Chancellor kents notes to hor that IL his opinion
there could not be any distinction bets.sn the pro-
psrty used b. the old and that ssed by any new fer
ries and contend, rail hs n at the pora,ion
indcls II they failed 70 run those ferries Now n
your honor lsases some other suggestions were made
In regard there charters. namely, that they
signed OF recognized by the sovesgas OF Great
Britain: tina. the rsps ang sct has swept them away;
and lasty that there IL contract because there is
confederation nor any specific duty Imposed. Ali
the authorities show that W are indicable u We do
net comply with the terms al the charter; and being
gram ed mof,. should bs taken most strongly
sgsirst the grsptor. Nov II correct In nay view
OF this ease. IL seems 70 me the most palpabe and
unoonsc'onable attempt e wrrst property from
thoee WI have been In possession OF IL for two hum
and such an attempt at conascsiion az your honor
cannot fail 10 scout out Of court In this there
two psrs. interested In the order for ujunc-
tion-ore IL Perpoint and LeRoy, and the other the
corporation OF this city-spd n they epjoined
while this controversy IL pending both parties win be
mi III ed curing the whole the lease Pier point
and Leroy are sald to stand upon peculiar grounds
They trustees and IL or will be .aid thas they
have violated their duty a. such trustees Another
proposition has been stated BY the other side which
is that tbis II authorizing them 10 have in
junction restraining nom giving lease Now your
honor viii not conceive any distinction between title
from the State and any body ee and In reference to
H. will show your honor that It IL like an eisctmsnt
case Is not charged sseipst u, that We are doing
any public wrong. ibis calls for none Of the e1.
tTaoId binary powers OF the court 10 grant nune-
ton and the court will hardly resort to those powers
before the hearing OF the cause unless very strong
grounds are made out. Here has been made
on the Iepers, and We have been in the en- 0yment
Of this property for two hundred years. and suppose
your honor viii pause before you turn us out for
party who has only naked title under disputed ast
Of the Legislature
plaintiffs. He raid the remarks which he should make
vosld be arranged under three general heads In the
rtt place be voali inquire into the character Of tine
grants which could be made By colonial authority In
respect 10 ferres aud also into the validity Of the act
q 1915 assuming for the purpose OF this discussion,
that this act should be construed plaintiffs assume
"a should and under the second head he would briefly
inquire into the construction of the act q 1875 and
win endeavor to ascertain whether 10 he true In ront
cf Law, and whether it answer the purposes which Il
wa. designed to accomplish, and which suppose IL
has and having established the construction Of the
lsv 10 will then follow that the plaintiffs have title
n establish this 20 your honor satisfaction IL will
follow that the plsintii, have title which court Of
equity IL bound 10 protect against all invasion
matter what party may attempt 20 make Il; aud II viii
also decide the question whether the summary injunc
tien asked for should be granted "a ID. whole or
In pert
Here the Court iEtimsted that II had no doubt Of
the right Of the party 20 nm I'M IA ston.
Mr. Butler, In enthusiastically opponent who ad
dressed the court last stated at the cement
that II was important to understand what was the
presise subject Of difference between counsel and
certainly II Is CT he drE Importance that counsel
I'm .l..L L.