The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-12

Church street 10 the only one which will do any rood
The expense OF that would be Immense But suppose
II opened TO the battery aud lines of omnibuses or
railway running there Wonld Broadway be relieveds
The way pssseDgersthat s, those who get in at the
lower part Of the city wishing to 20 To q place in
Broadway south OF Beeoker street, would not leave
Broadway, 60 into Church street, 20 up and then
return to Broadway IL is only the through passen-
gers who would think Of taking the Church street
line.
Now, would any person in Broadway. or cast
of it, 60 over to Church street! He would not, if
there were any public conveys nco in Broadway; he
would take that because it was nearer, and because
the line through broadway is moro agreeable. Il,
however, you seek to force the travel into Church
street, by excluding the public conveyances from,
Broadway, you nj once depreciate the value of the
Broadway property. The foot passengers will 80
where the public c0nveysnces are, and where the
passengers 60 the business will 60. The certain Of
feet of opening Church street, and forcing public
convey out of Broadway into it, is to lessen
the business of Broadway, and to transfer, by do
grees, the shops and hotels to the side street
I now come to the fourth proposition, that there
are no valid objections to o railway in Broadway.
First as to surface of the streets If the rail be laid
even with the pavement, and the groove DO made
surface carnot be injured If the rail were laid to-
day. and cars were ever put upon the street, not
the slightest Inconvenience would be felt from tho
presence Of the rail- Then, as to the occupation Of
the street by the in other words the substi-
tuition of the for the omnbuses, have already
shown that the cars will look as we'll the omni-
buses; there will be fewer of them, they will take
up less room, they will be confined to dxed line,
they will make less noise and DUST and be quicker
and easier.
Will they interfere with the use of the street for
private vehicles, or foot passengers? The latter
will be better Off certainly on the sidewalks, be-
cause they will be quiet, and in crossing there
will be less danger. Then rs to vehicles there will
be room between the cars and the sidewalk for
cart to stand back to tho walk, for two carriages
pass each other; if in two or three places at the
lower end of the street, the carriageway 10 little
less than forty two feet wide, that would occasior
but slight and temporary deviation nom the gene
al course of travel.
But it is said that the cars will be so frequent az
to make it dangerous for carriage to GROSS from
one side to the other Let look at this now; sixty
cars starting every minute and moving in the same
direction a. the rate Of six miles hour will be
five hundred and twenty. eight feet apart, from the
centre of the train to centre. Allowing twenty
four feet for the length of the ear and ten for that
of the horses thirty four feet in ALL deducting that
from five hundred and twenty eight, leaves four
hundred and ninety. four feet from the end Of one
car to the horses of the succeeding And taking
sixty cars each way, one hundred and twenty in all,
win leave two hundred and thirty feet and ninety
each way, one hundred and forty-two feet. 1t Is
not probable, that hundred and eighty cars will
be often upon the road at the Same time, but sup
posing them to be there, will there be any incon-
yenience or danger in carriage passing from one
side to the other, between cars one hundred and
forty two feet apart! Not tho least.
How long does it take o carriage to CROSS Broad
bCrCoL.
six seconds observations made the other day upon
the tme taken by carts loaded and unOaded in eros.
sing from Maiden lane to Cortlandt street, showed
that the average time for single cart 81 Sec
onds. and for three carts in succession, eleven
onds. The legal objections to granting this appli-
cation have not been very strongly insisted upon,
and do not know that it is necessary for to be-
stow much attention upon them: If the power, Of
the Corporation to grant q railway be denied. I
have only to say that the Corporation have already
exercised 1t in the cases ofthe Harlem Railroad the
Hudson River Railroad, and the Sixth and Eighth
avenue roads. Those presidents will doubtless be
sufficient for this committee. Besides these cases,
the Supreme Court, in the case Of Drake against
the Hudson River Railroad Company, settled the
question, until reversal by the Court Of Appeals.
and there leave it,
Having thus, Mr. Chairman, gone over and en-
deavored to establish these four propositions
that the rail car is in itself better mode Of convey
ought to be relieved and increased facilities given
to connection between the upper and lower parts of
the island; third, that railway in Broadway win
accomplish these Objects and that nothing else will:
and fourth that there 40 valid objections to such
railIay-it follows, submit, that the application
my clients ought to be granted But. say the re-
monstIants,. "No: this application ought to be
made to us"
Mr.. Chairman, this application ought to BIS
granted to those who have applied for it, and not
to those who opposed it, for two reasons =
First-Applicants have had the labor, vexation,
and expense of sustaining their application, meeting
the vehement and protracted opposition it encoun-
tered, OF taking upon themselves the responsibility
OF providing the means for carrying through this
project They are first in time, and 20 between
rival applicants, they who first in time ought to
be Preferred according to all usage and all reason
First in time, first in right" other things being
equal, is maxim Of law and justice. In the next
place, the rcmonstrants have been before You for
nearly month--from the 9th October to the 9Th
Notwithstanding every objection, resorting to
every expedent to cmbarrass and delay the grant Of
the road, and moving in all directions to get up re-
nputrQ U.in e1u vhaua rokf 1n
persons to make and work this railway. They have
been ncessant in declarations that they do not be-
heve in it; some oontending that it is impractica-
ble Others that 1t is and ali denouncinc
you IN advance for granting it, as guilty Of gross
abuse Of power,
No rule can be safer than not to trust an UNDER
taking to the hands of its enemies. II these remon-
strants believe in the project they ought not to be
here ing it; il they do not believe it, they
ought not to have charge of it.
You are told that my clients are seeking their
own profit. This does not com, with very good
grace from gentlemen who come here for their pri.
waite interests, and finish by asking the graut for
Themselves But what is there in the objection it.
SELF! My clients are not advenurers; they men
of property, come of them holding land in Brosd-
way, ana their characters are warranty that they
Will keep their engagement with the pabllc! Aud
what il one of tier motives be personal profit Are
public enterprises, which involve large outlay Of
money, commonly under aiken from mere benevo-
lence, by men who spend without expecting q re-
turn. Where is the railway that has been built by
charitable contributors, without hope OF dividends
other private benefits? No, the government
gives the privilege for the public good but the indi-
yiduals construct the work for the hope of reward
for their expenditure. And they are wise states
men who know how TO make the desire Of private
emolument subserve public advantage
This is not g question which concerns the owners
Of property on Broadway alone Every citizen who
the street has interest in it. We the citi-
of New York, have good right to dictate to
the owners how they shall use their lots as they
have to dictate 10 US how we shall use tho street.
The conditions of the grant are matters to DO
stipulated between the Common Council and tho
applicants. ] am not here to discuss them. / am
here only to discuss the general question Let that
question be approached with impartiality aud can.
dor. Let it be decided without regard TO clamor on
the one hand, or solicta alton on the other.
My clients AJAX more than that theic applica-
tion shall be carefully considered and dispsssionate
lY acted unnn. not in n marrow snirit. Int with A.