The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-20

vch,oes which resort or shich want to to that
All the nrncipa parties the omnibus interest aud pro-
ptrty holders met the same grounds with the
applicants In bearing asnbsapua testimony In favor Of
= railroad in Broadway by themselves becoming appi
cants for which the outset they vehemeny
sisted They cite the experience Of the Sixth and Eighth
and state the Eighth they make the trip
from Fifty first street TO Chambers street In thirty
buses take TO go over the same ground
IL wen known thsy say that pair Of horses can
move greatly nupiiso number Of passengers iron
rails In comparison With What they do the
smoothest pavtms mt. Scientific authorities state the
proportions eight to Five to the proportion
approximately stated In reference 10 Russ pavement
by highly respectable authority
In city engine eIng founded on observation Oh ran ana
pavement traction.
moving lsas six times rs many passengers with
the single ps OF horses and he feasibility OF doing SO
in n srgle vehicle with despatch at least equal to- and
indted better that praesed by omuibuses point d
rctly 10 railroad the proper remedy for that OBJ
structed condition Of broadway which has reached
an excess recognized by all state OF things impera
lively demanding Ieef and REFORM In number the
nbuses Broadway, passing the Museum per hour has
been duly proved TO he committee to be about four hun
bred and eighty four hundred and ninety And IT. in
stead Of twelve passenger vehicles sixty passenger veh
cles OF the same width, be substituted vast relief will
be afforded and one dfth Of the number will suffice
The present accommodation quite insufficient and
theer exists therefore lst Ofree to the car
rsge way by reducing the plumber of passenger vehicles
and I'd or increased accommodation 10 the travel by fur
nshrg the means OF moving larger number of passengers
in the raid of vehicles This conclusion
seems 10 be beyond all possible question and it is but
another mode OF saying that broadway must be relieved
and the travel must be accommodated with railroad
substituted for an omnibus system.
The report then goes to give somewhat elaborate
calculaiop to show the OF the project and
the regularity Ct the movement by Of the railroad
to pedestrians well others and to point out certain
regulations desirable in order to insure sccommoda
tion to the public
The legal lights the corporation defined by their
Counsel First He that they full power to
grant the privilege OF establishing railroads through the
streets of the city
Secondly That they cannot legally engage in the
terpIze OF building ard conducting railroad without
express grant from the Legislature therefor and that
TO the public moneys for such purposes without fur
ther legislative authority would be in violation o. law
and
Third That the corporation cannot exac. any bonus
or general for the grant of the privilege Of
laying rail- DAD upon through the streets Of the city;
but charge upon each for the license to Iun may
be under the provisions Of the acts OF 1918 and
1924 above cited''
The 272d section Of the act of 1913 and the act OF
February 2st. 1924 contain the only provons of law
which authorize the charge Of license fee public
rages for hire. Chancellor Kent in his Notes held those
provisions 10 be equally applicable to onnibusses and
there can be no question but that they equally a2p
cable TO cars which are only an improved kind OF veh
Gle designed and used purpose ma mely the
conveyance Of passengers for hire and which made
practicable hy the use of iron rails for them to move
easily upon without these provisions Of law Gas is al
ready forth in the opinion referred TO there would be
no legal authority to justly any charge for the priv
streets The act Of 1924 increasing the license fee be-
fore permitted by Law TO be charged made twenty dollars
tie Corporation reasonably remarks that these charges
90 not appear TO be granted Of revenue but
simply as remuneration for the damage injury occa-
stoned by the special Of the street by public vehicles
No charge authorized in reference to private carriages
but the power is limited those vehicles that
stantly Being driven upon and over the pavement
The petitions for aud circumstances az nt the pro-
pofed 1aioad. EXHIBIT signatures not less than about
SIX -four thousand in number being abput equally di-
yded in point Of pumber and about seventeen hundred
residents and occupants Broadway itself among
the petitioners in favor The report concluded by
Tnefn he nutn nr nj fsTr,.-
Resolved That Jacob Sharp, Freeman Campbell. VIM,
b. Reynolds James Gaunt, 1. Newton Squire, VIM A
Mead David Woods, John l.. 0'Sullivan, VIM NJ Pulls,
jonathan Roe John ". Hawkes. James w Faulkner,
Henry Du Rois John HOLSTER, Preston Sheldon John
Anderson. John n Flanagan Sargent v Bsgley Peter
b. Sweeny Charles b. White James W. Foshsy, Robert
E. Ring, Thomas Ladd. Conklin sharp Samuel L. Titus,
Alfred Martin. d. X Martin William Menzies Charles
Glover, Gerehon Cohen, and those who may for the
time being be associated with them all of ~hom here
in designated associates of the Broadway railway have
til authority and the Common Coup eli to Law
a double track for a railway Broadway and htehall or
State street from the South Ferry Fifty seventh street.
ard also hereafter to continue the from time
time along the Blot miDgdse road TO Manhattanvile
which continuation they shall be required from time
time to make whenever directed by the Common Coun
Gil he said grant of mission and authority being upon
and With the conditions and spulatons, hereinafter
named.
On the copcusion Of the reading
Alderman DoHERrY. before discussion took place
this subject would offer amendment to the report
The President supposed the minority report would be
in order before any amendment
This accordingly read by the clerk given in the
Alderman DoHrH1r (Ninetee nth ward)-I don't know
whether it it is proper that should offer amend
ment to the majority report after the question has
been taken upon the minority but suppose there
Committee.
Alderman sruRrrvasr-I was about 20 move that the
majority report be adopted
PREsipErT-The QUESTION: will be upon ACCEPTING the
report and adopting the resolution.
Aldermsn DENMAN offered resolution that the mino.
rty report be laid upon the table ana printed
Alderman WARp-Mr. President don't, OF course ODE
ject to its being printed but want what eec
the motion would have II 1t be laid upon the table.
would Of course have to take it up again.
president and Alderman SMITH-Certainly.
Alderman DEsMAS withdrew his notion and
Alderman WARD moved that. amendment. the
minority report be accepted and the resolution adopted
Question put and lost Alderman Boyce pesrall Ward
and Avoio voting in the affirmative and all the rest in
the negative.
Alderman s1uRTEvASr.--The msjority report is now
before the Board and open for ali their
Alderman WAED moved as the resolution was divided
into Parts, that it be taken up in sections.
Alderman SIrRrEyANI-The resolution is all in one;
but the conditions attached are separate Let the resou
tion be taken first and then the conditions in sections
Alderman TWEED (sev,nth ward) called for the read
ing Of the resolution saying let them understand it
Alderman CORNELL seconded the call
Alderman WARD-In opposing the adoption Of this
port, don't object to any names distinctly
but to the proposn II is necessary 60 through
all the details The gentlemen Of this committee 40.
pointed four mon hs since have gone fully through
them, and think every interested has had ep-
portuniy TO be heard-the land the shop keep
sprnkliDg fiom all the city. The report has set
forth ana cannot say has not minuely forth a
that transpired before the committee and merely want
to urge the reasonable objections to the construction of
railroad in Broadway The circumstances these
The travel below Fourteenth street is extensive
that the number Of vehicles crossing from east TO
west would prevent the possibility OF the railroad
cars getting down in double the time the omni-
buses now take. Then, sir. there were persons
living in broadway who never asked for any
relief at least 1t never came to my knowledge Then IL
the la ge number Of land owners number not exceed
ing dozen or TO put 1t beyond all question not ex-
Gee ding ffty baa aksd for the railroad aud they he
* hit entitled to ration The ipre.
nuity Of those Gentlemen very great shown the
pamphlet ifued in favour The speaker here produced
the circular issued at the beginning of these
cobtsDiDg fronts piece sketch OF Broadway with
three hack In operation He supposed Of the gen.
tlemen had done be did with bis and had taken 1t
home TO their children How this going out
not within The knowledge of There was a pos.
siby 1t would be as they said and be sincerely hoped
il would turn such a vast improvement 1t did