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

MI Marvin in oonti an ation-They the Legislature,
ss. ssI s in sn
LssiaAture, In support OF this proposition refer
Here counsel handed up long lst of authorities and
thea said that upon attentive perusAi OF those au
thores there could be dosbt OF the power OF tbs
Legislature to interfere With, control and repeal all
powers granted to municipal corporations Of public
nature provided only thss they do not interfere with
the Of this state with that OF tho nited
States The nrst charter granted to the city Of New
York the grant efs single ferry which was and is,
It was the charter OF Governor Dongan Subsequent
~ In l70S another charter was granted which con-
and other franchises TO tho corporation; then came
the Montgomery charter which confirmed both the
art and ,n.n ssss ON 40
charter constitutes the title der which the
tion claims but apsrshsni that risht does not givs
general power to establish ferries and receive tolls
do not understand that they pretend to make this
out by he affidavit read on the other they
don't pretend that the existing ferry the same as
that which called the Old Ferry 1t is true that
the affidavit states that in 1s44 they the corpora
OF the ferry, commonly called, or known, by the
name Of the Fulton Ferry, and two others from
York, 10 Brooklyn Nov in respect to this afa-
davit 1t 10 not evidence the stated therein
because the perssn making 1t only makes the state
msnt from information and belief and the rule is
we'll settled that yoar honor cannot take any notice
Of statement made upon information and belief and
especially because have had opportunity OF an
swering it. IT, therefore, it Is meant to contend that
il proof that OF thore rrie the old ferry,
a
statement only meant description, else he
would have alleged that this ferry has been continued
there since the old aud for h.ty years before
and lie the same ferry leased TO Leroy and Perpont
Now the affidavit Dshs has or could say So becauset
this lease therefore there is proof OF the
identity Of this terry viii not into the question
East River because If they did the land on
both shores IT would follow that they have right
TO grant ferries o. Bsrnwsn and Creswel 703. Peters
- Kendall, and also a in 18th Wendell The prn
cipes laid down in tn. former confirmed by
the Supreme Court OF this State. Now / suppose
these tive cases will regarded a. the law TO govern
in this case The principles laid down in both those
deny to of land both sides OF river
the right to establish Jerry It follows, tken, that
the ownership vfsnd both sides OF the East River
ownership OF slips and whsrves does not tax
with them necessary right to establish ferries In
other words the corporation of New York cit not by
that means, get a right; II they have any they
must get it some other wsyit does not appertain TO
any property they may have IL is only incorporeal
right 70 license err" and take tolls that is the Only
right they have Nov let see what Is the nature OF
this right In the hrst place, contend that il is
grant Of private piopertyi but, perhaps, may be
with the sste- ut that all the old the
city OF New York nal words of grant ani
veyance but upon that IL may be remarked in the first
place that those words in all old charters
They grant aud convey Legislative powers the mayor
aldermen sc OF the city of New York, and TO the
old Court Of Pleas; and they use those words
whatever the grant be- whether public private
The question therefore, as TO the nature Of what Is
granted, whether 1t be private property or not In
regard To this there is rule and IL Is this At
mon Law technical grant only conveys what the
grantee has TO give and Il what he takes is public it
ed Tor the grantee cannot take il under any words
hoxsVtr stringent thy might be as the Legislature
cannot be restrained from interfering afterwards and
resumiug their rights a. a Legislative body Now let
how the terry franchise will stand in respect TO
those Iul, in q contract In the rst place
bs good contract against the public there must
valuable consideration. Here, they do not pretend
that the city Of Nes YORK gave sny CONSIDERATION Tor
those Terry grants The charters expressly that the
persons making them maze Il " their tree will
and mere melton aud t does not aver that there
any CONSIDERATION given by tne city OF New York for
them In the next place there va nc u ltuality II
right 10 ,-t up ferries and pjoy them Tor
corporation and there /, no such duty shown on the
part OF the city OF N.~ ork indeed Is there any
obligation TO compel the corporation to establish any
ferry between the eiti-. New YORK and Brooklya.
submit there Is any 30 how can l. be considered
mutual contract which imposes 10 duty on on OF
the parties but leaves voluntary With she either
e esabsh or not 70 estabhsh ferries at their mere
Mr. DisemaG en- b-half Of ths Defendants lie Roy and
Pi.rpoint. 70 Piled NJ Marvin He frit he not
called upon TO ~ question the rights o.
the Mayor Aldermen Se Of the City OF New York
lie appeared for the df.ndsnts lie Roy and Pier sout
and he was be said a. loss TO knos why theJ we're
brought before thi, court 81 s but they we're here
and they would answer for themselves aud their Oh.
lection 70 be brought here that there s n ground
set forth in the paint 70 ask injunction sgains
those gentlemen | maintain IN ths hrst instance
and call your hoLors attention TO the articles 0
association OF III. Union Ferry Company which are
annexed 70 the plant In this cause, and marked
schedule and 90 u for this purPo,e-to ~ upon
your honors recollection TIA: ~ the tine Q: thei
adoption l.. Roy ana Pirrpoint had possession Of IN
two fsrriss. and but t-O ferries-t one commonly
called the other cali. the hIte
ball Ferry when those articles OF association we're
adopted the Hamilton Perry that IL the third ferry,
had net been established the m@nag r. az they are
called in the articles association they to zee TO
the proper " the ferries q see that the
public interest attended TO AID .on Quoted Tor tue
public good But a. managers Of those ferries they
have pecuniary interest A. all Taey ogD no stock,
and 80 II h sita uan Der Ct other gentlemen, and
myself amoogst the W. werS called in 70 advise
and asit the but legal right exists in
any Of or N tho>e gentlemen, 20 40 any thing
cept What the stockholders az the company conferred
oh and them ~ i, not alleged IN tAe
plant that they are stockholders They AZ merely
called nom tine time 20 examine aud ascertain
whether there ferries or not properly
aged and What the public Interest required IN regard
place 10 zee what authority this board Of managers
have in respect T. thus. aftislss (Bers AR Diksr.
man read sNEacts from the articles 81 aasoeatsn q
shOw the power conferred by them on the Danax-rs
say therefore said he tns board Of managers a. T.
property fsve n1thiug 70 DO II 4 81 vested n the
leseess Nov IN rrRard 60 th- rules and uiations
they do net profess give any 20 the board Of
managers. and a. the time Of the formation Of this
ferries than the Fulton south ferries and Il IL
proper add that Hamilton fsrrJ vas csnssd four
and maDAgeuent we're cor fned 70 .h0se two ferries
Nov let o0k At the compsiut and sc bow V Affects
those pare IL ststsstkat IN. 18th ofOctobsr ltts
the plaintiff sppi~d 20 N Commis.on@rs under "a,
act Of ls4b Tor TIE 81 Obtaining Ice nfe or
four ferries Of wheh tbs Fulton aud south ferries
we're two they asked ior Hamilton aFenue ferry and
for an entirely feIry from al street in this city,
g nouisgu. street 70 srookiyu and they ssy thst
granted them license ~hich they have annexed 70
their complaint N0w before I pressed further.
would AL wh4t property have they showL themselves
10 Be In 20 session 81 in ord 20 carry Il ferries
the Law provides that tteg must d. certain things b
fore getting possession that IT, they must prucDre
whsrves and sligo Ana u Is hardly necessary T. say
that they must aso Trovds boats But they say they
have ~ the law directs served notice en- the Mayor
Of Ntv York to lea.e then slips &C. bai Il appears
the Mayor has re4used 70 desl Nth them Toe next
fact s that before the license granted an3 a. the
time they obtained Il. three frris. we're under the
control OF the Ferry Company under the articles
Of association made IN fsA between lie Roy aud Pier.
wfufn nd thA ferFv mn md fNavf a.
that after they obtained tbe license they made pro-
position or comm nicati0n TO the ferry company,
which CON unicstion addressed &c the Board Of
Manager Of The terry company alone and not 10 lie
Roy snd Pierpebt They maae the proposition TO the
Board Of Manager. 9hich rn 70 this effect That
they would apply &c he Commissioner uadsr the act
Of 1915 and that they would receive license