The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-06

]. One Of said propositions WAS to give for such
authority and privilege q, 600 COO payable in ten
pa SCI ger only three cents fare
2. Another Of the said proportions was to give
for such authority and privilege, the Of 81 666
TO- for each ear run thereon, and agreeing 10 charge
each passenger only ave cents fare
3. Another of the said propositions was, to give
for such authority and privilege rs license fee for
eaoh car, any sum imposed not exceeding 81, 900
per annum, and agreeing to charge each passenger
4 Another Of the said propositions was, to give
the Corpoi alton for such authority and privilege, in
lieu Of license fees, one cent for eaon passenger
thereon and agreeing to charge each passenger only
i've cents fare.
s. Another of the said propositions was, for such
authority and privilege, to charge each passenger
only i've cents fare; and also pay into the city
treasury, for the benefit Of said city, bonus Of
g. Another Of the said propositions WAS, for such
authority and privilege to, conform and comply in
oil respects with the covenants and conditions set
forth in resolution, Of which copy is hereunto
to reduce the rate Of faro mentioned in the
eleventh subdivision Of said resolution from
fve cents to three cents for each passenger
The plaintiffs further state, upon information and
No. 2 would, If accepted. produce . SUM exceeding
$3.50 600 per annum for the benefit Of said Corpora
ton and tho relief Of the tax paying citizens, while
each passenger would DO charged only Ave cents
IaI0. lu6t INC Ou0F oUuUou0O IN bSO proposition
No. would, accepted, produce sum exceeding
$500 900 per annun for the benefit Of the said Cor
poration and the relief Of the tax paying citizens,
while each passenger you'd BE- charged but i've
sition No s, would If accepted, produce the sum of
&l0O, 600 per annum, for the benefit Of said Cor
poration and the relief Of the tax paying citizens,
while each passenger would 30 charged but FIVE
sition No. l, would, If accepted produce the sum Of
$lC00 600, for the benefit Of said Corporation and
the relief Of the tax.psying citizens, while these
plaintiffs and other persons riding in said cars
would be charged but three cents faro, and b
thereby materially benefited.
That the offer contained in said proposition, num-
betd three, would If accepted, produce the sum Of
$50 600 per annum for the benefit Of said Corpora
those plaintiffs, and other persons, riding In said
oars, would be charged but three cents fare, and
would be thereby materially bens6tted-that the
offer contained in said pro position, numbered six,
ti and ether persons riding in said oars, BY sstab
Hshing the rate Of fare ut three cents, while the
Corporation, and said tax payers and citizens
would derive oil benefit which can or may DO do.
rived from the covenants and conditions mentioned
and set forth in said resolution.
And the plaintiffs further show that in and by the
charter of said Corporation, and the laws Of this
State, the Legislative powers Of said Corporation
vested in the Boards Of Aldermen and Assistant Al
dsrmsn thereof, and monthly sessions Of said boards
are authorized to be held, commencing on the first
Monday Of each MONTH and to continue for such
period a. In their opinion, the public benefit may
require; but neither board is authorized to adjourn
for longer period than three days, except by .
resolution to be concMrsd In by the other body.
The plaintiffs further show that the last November
session Of said boards commenced the hrst day Of
said month"; on which day said Board Of Aldermen met
and adjourned to the fourth Chem instant. On
said 4th day Of November said Board of Aldermen
again met and adjourned to tho 9th (thon) inst,
without tho concurrence Of said Board Of Assistant
Aldermen, BY resolution or otherwise, whereby and
BY means whersof - the plaintiffs claim and insist,
the session Of said Board Of Aldermen, and their
powers Legislative body, and part Of said Com
mon Council for and during said month Of Novem-
Der ceased and determined on said 4th day Of No
vember, 1852; Notwithstanding which, said Board
Of Aldermen Afterwards and On the 18th day Of No
vembsr, 1862, met, and under color Of being duly
assembled ~ Board Of Aldermen and coordinate
branch Of said Corporation adopted resolution, Of
which copy ID hsreunto annexed, marked B, and
which forms part Of this complaint. That after
wards said resolution transmitted to said Board
Of Assistant Aldermen for their concurrence That
On the 9Th day Of December, 1852, (being the FIRST
day Of tho session for that month the said Board Of
Assistant Aldermen did, Notwithstanding tho remon.
srsnses and petitions aforesaid adept said resolution
and order the sanaa to be transmitted To- the Mayor
Of ,aid city f.r his approsassa Ih,s subsequently,
said resolution to said Board Of Aldermen, without
his approval, and accompanied by his objections
thereto; . copy Of such objections hereunto
ne1ed, marked G, and form part of this com
plant.
The plaintiffs further show, that on the 18th day
Of December, 1852, Thomas Z. Davis and Courilandt
Palmer. two Of the taxpayers and eorporators Of
said city, commenced an action In the Superior
Court Of the city Of New York against the Mayor,
Aldermen and Connsralty Of said city Of New
York, and in and by their complaint the plaintiffs
set forth and charged, among other things, that
they we're each property owners and taxpayers In
said city to the amount Of $3.50 Per snpum, AID had
been such owners for several years past; and also
set forth and alleged the adoption or passage Of said
resolution, by sgd two boards, in the manner hero
In above sst forth, and concluded by praying per-
pstua injunction restraining tho said Mayor, Alder
men snd Csmmonxlty Of the city Of New York from
granting to, or in any manner authorizing, Jacob
Sharp and others, the defendants In this action,
their associates, or any other person or persons
whsmsoever the right liberty, or privilege Of lay
known - Broadway, In said city Of New York, from
tho Ssuth Ferry to Fifty seventh street, or any rail-
way whatsoeysr In said Broadway, and from break
Ing or renewing tho pavement In said street. or in
to Or for the purpose Of laying or establishing any
railway therein.
Ana che plaintiffs further show, that in such Ne
ton, and upon such complaint, the Honorable wv.
granted IN injunction.
The plaintiffs 20 on to state that tho sold de-
PENDANTS, under eoler Of the authority contained In
said resolution, threaten and give out that they will
with ii cir wcYknen and servants, and take up the
Russ and other pavsmsnts, aad dig up and snbvsr.
the soil IN that part of aaid Brosdway lying be-
tween Whitehall street and Fifty ninth street, Gin
eludng the portions thereof 50 belonging to the
plaintiff to take possession Of said street, and lay
Down and establish . railroad In said street, aud
run ears thsrsep for their own private interest
and enoiunsnt, 70 the great injury and damage Of
the plaintiffs, and ether property owners On and in
said street, and to them and each Of their proper
ty, and the said lots of land aAd premises Of NE
plaintiffs, and without making to the plaintiffs, o.
either Of them, any oompensatisn therefor, or 10
any way or manner, paying, or providing for tho
paymsst, 70 the plaintif or either Of them, or the
said other property owners, Of the damages result.
Ing to then and each Of them, and to their, and
each Of their said property, arising the taking
Of ths and each Of their land lying in said street,
or from the laying Of said railway thereon.
The plaintiffs further show, upon information and
belief that the laying Of 4sh railway would require
at least four months, il prosecuted with utmost
diligenee during all which period said street would
be rendered almost wholly inpassable, to tho great
iHiuyv And AAtv M AZ NJ