New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-04
CITY ITEMS.

Cry RAnRoAD.-The Hudson River
and Harlem Railroad tracks were laid III tne streets
Of the City under special authority derVed IRON me
Legislature. The power was felterei WIN the con,
diton that the Common Council should assent, ana
that assent was given. The sovereign power OF the
State acted through It's Chief !nstrdmentaitY, tee
Legislature. and its subordinate InsIunentaity the
loexl CITY Government. The night, therefore, was
corr plete according TO repeated DECISIONS long
aeauiesced in. An application 10 now penclDg pc
fore the Common Council, ID autnonze ceftaih
ryiyate person to lay down rails on the SeconuaV,
and else here and use them for their own Vehicles,
TO the exclusion Of ali others and IL IS DaSsd no'
on any special power derived IRON the Legislature,
but on the supposed Tlgnt OF the tohuloh NoihC W
evsnt such privileges independently, rs coming WIFI
in the ordinary cOntol over the streets OF lhe cty
The recent exercise OF this power IN the cses OF
che Sixth and Eighth-av. iaiiroads SHOWS Una tne
Common Council entertain no DOUBT on the suo-
,ect and a repetition Of rs exercise may DC
e1pt cted whenever sufficient motives are addressed
10 Them The question is OF the highest consequences
for II involves the subsection OF every pubic sreetn
The Civ 10 use by private individuals IN special
and important manner, % the exclusion OF tae puoc
Cities are part of the political machinery OF the
State, for carrying into effect the ponucai power
and their authority is expressed either IN charters
or IN laws passed by the Legislature. No poNes
are possessed but such as are thus granted. lacy
are the mere creatures OF legislative duthoTy Inc
charter of New. oIk, as II came originally from the
British Crown, was kept alive by express pr0vis-
ion Of the Constitution 0fhs state. and consequently
The powers OF this City TO be looked Tor also IN us
original charter III VIII nc con. CNtu W al, II
authority to the Common Council to devote the
streets to THIS purpose Is not fond IN Inc original
charter, or IN it's amendments, or IN some SUB
sequent act Of the Legislature, 1t does not exist Al
all. We are satisfied that the power does not ex-
Ist and that the ordinance in relahon 10 the sixth
and Eighth avenue Railroads is wholly ysid. The
charters and laws passed by the Legislature, go
into detail IN relation TO the streets so far as 10
declare the width OF areas, the proportion which
sidewalks shall bear in width 10 the whole street.
and TO authorize steps leading TO houses to project
into the street The original Charter OF 1850, 50 lar
~ applicable 10 streets, confined the power OF the
City TO establishing, laying out, ordering, amend
ing and repairing of all Streets &c In 1913 an act
was passed, authorizing the Common Council 10
take land for opening or Improving streets OF when
they might be seized IN fee simple, In trust, never
theess that the same be appropriated and kept open
for, part OF public street. &c. forever, IN like
manner as the public streets, &C, are and OF right
ought 20 be-" And they were empowered by the
act to " order and direct the pitching and paw
inG the streets thereof and TO make assessments for
the purpose, the moneys to be applied Toward
making, altering, amending, pitching, paving
cleansing and securing such streets These
specifications do not embrace IN terms or effect the
right to lay rails. The Legislature, III granting 10
he two Corporations above named, nave done IL
IN plain and unmistakabe language But u is SAID
the mode and manner of paving are not ex
pressed, and ~ is argued that ,ae Common tonnch
may authorize a grooyed pavement, If they think
proper, or pavement with raised surface suitable
only for particular wheels and as they may license
al OMNIBUS line, and exclude others nom the busl'
ness, they may put Gown ralis AMI devote taein 70
particular uses The question OF power lies IN thls
nutshell. This power II claimed as part OF tne
power 10 render the streets suitable for the travel OF
the whole public ana yet ihe mode adopted prefers
. few, and excludes the mass. The duty imposed
On the Common Council to arrange for The paving
and tgulating the streets contcmpales plolc ana
general and not n private ana special use An Or
dipance that should authorize the steps OF the ASoT
House 10 be brought out one inch beyond the line
kxed by statute, would be void and the encrOarh.
nent could be treated by the public as a nuisance
subject 10 be aoated. Anything which oosr1cts
without authority from the Legislature, the ordinary
travel IN that part OF the street devoted TO carriages
may also be treated as a nuisance These are well
established rights residing IN the whole puohc
They, IN their sovereign capacity, OF through the
Legislature, may change or alter them bat the
Common Council may not withdraw the streets
hom public use, and devote them OF any part Of
chem, 20 private purpose.
The General Railroad Act authorizes the Com
non Councils OF Cities, To permit such Corporations
IS are ncorpora cd under that ACT TO lay their tracks
iA the public streets but The gentlemen who IN
Sead &c use the Sixth and EighthavS. for this pur-
pose, do not bring themselves within the Act In any
respect. The general Railroad Act guards the pub
lie against abuse, IN case the right were acquired
Under II but there would be no propriety in confer
Tisg II even under that Act The only possible JUS
uhcaticn for authorizing the Hudson River aud Har-
lem roads 10 use the streets as they DO is the urgent
necessity and great importance OF holding out TN
usual facilities to the great lines tina. have bsen
tabhshed, 10 promote and encourage the travel and
trade Of the City-oblects on which our prosperity
N RIeaI part 0neOOS. IL IL deviation. NnOcr the
express power Of the statue, from what usual and
proper IN the use of public streets, and 10 justified
only BY great necessity.
The Common Councilhaye granted the night 10 lay
rails on the Sixth and Eighth avs for an indefinite
term OF years, To some halt dozen persons In each
case and they are 10 break up the streets lay dow
rails and use them with their own cars, and ex.
clude all others from the same use We make no
objection, for we know OF none, To the particular
persons who have received this power nor 20 those
who ask for II TO be applied 20 the Second avenue
The objection Is TO comforting this power any BODY
OF private citizens. IL railroads unconnected With
great lines OF travel 10 be used the City, the
public should have the advantage Of H. and receive
the revenues The complete and uninterrupted
use OF the streets canno, be surrendered, without
aanger III me power 10 grant the sole use OF parts
81 hs streets TO private persons exists a Common
Council besieged by hungry apple ants. would neye
stop until every profitable line were voted away, and
yAA wuhout compensation, and as reward
tor party services. We viii not suppose that
members would share in the benefit. bat there
m an immense temptation when pro6ta-
Die route Is about to be surrendered, 10 en,Ov
the advantage through some nominal person or with
person partially interested in The loo Against the
establishment OF such power IN the hands of the
City Corporation, there should be a determined re-
sisance az the outset, or our streets which now
free 10 all and henehting all VIII Oe transformed
into the condition of private avenues with lnne
able exclusions huriful 20 trade and travel The
nsde Of testing the question before the Courts Is
ether by indictment against any temporary or per
manent structure put IN the streets under vold and
Illegal ordinance, or by injunction applied by owners
IN mont but the Corporation should resume the
authority, and arrange some mode OF establishing
such roads, that retains wholly the public character
the streets III every part and parcel Of them. 1!
would require some legislation during the ensuing
winter 10 do this adequately and il would be pro-
per to amend the General Railroad Act, and sup The
Senmon Council Of authority 10 gran, the right 20
any eocy incorporated under 10 lJour. OF Com.
PROPOSITION ron FopR CoRoNERs The
Committee on Laws, 10 whom Was referred 3 reso-
ianon requesting them 10 report upon the propriefy
ispplying 10 the Legislature for law authorizing
ne election OF four Coroness for the City and County
OF New-York, submitted g. the Board on TUESDAY
ssening the Ordinance appended below. The Com
.mee are OF opinion, that one Coroner cannot ade-
discharge the onsrous duties of that Office for
enfe Sity, and that the public Interests require
Sesa an increase should be made IN the number Of
Soione ana propose the election OF four There e1-