The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-02-23

The defendants counsel are not here TO palllate
abuse OF power, or defend misgoyernment: but they
insist that misconduct should be first proved and
then punished. To dispense with evidence and try a
cause by clamor, or presumed public opinion, would
be dangerous to the citizen IL would be shock
ing to the sense of Justice and abhorrent to our
tons Of wellregulated government. In the present
case, every defendant denies, under OATH any parti
cipation n or knowledge of, impsoper motives in
making the grant. Ii 0aths OF members OF the Com
mon Council are not offered to the same effect, il Is
because too much regard was had to their selfres-
pect to ask them to make an affidavit that they had
not been guilty of henous offence just as IL would
have been thought indicate TO ask judge whose
motives had been assailed to make an affidavit that
he had judged according to his conscience There is
direct and specific charge Of corruption in this
case, but if it has eXisted let it be charged and
proved; the mode OF making the charge and the
means of proof open to all Till then this cause
must be decided precisely as if everybody in New
York, other than the plaintiffs, believed in the utility
OF the railway and the proprety Of the grant to the
defendants And if it be not so decided, the decision
will be founded on something out of the case, which
II Is but decent to presume impossible. There was,
moreover, no abuse of power. Every precaution was
taken to prevent the rails from being felt by any
hice passing in the street. They were to be
even with the pavement, to be laid in the centre
OF the street, to be not over twelve and q half
feet apart between the outer rails, and to have
grooves not exceeding an inch in width. The
provisions as to the sweeping the streets sta
toning attendants at the crossings and getting rid
health comfort and convenience Of the public were
carefully attended to. Nor would the cars interfere
with the ordinary OF the street for other vehicles
At present 527 omnibuses pass the Museum during
the hour of heaviest travel and the most that they
do is to carry 2,s0S passengers up and 1913 down.
The same work would be done by AZ cars up and Ia
down; so that there would be taken from the street
527 omnbuses and 054 horses, passing every hour,
and their places supplied by 81 cars and l22 horses,
relieving the street during Ii hours Of travel, of
l2ll6 horses and 605S vehicles; and comparing the
space taken up by 1913 cars (6l l3) with that occu
pied by 6 ,S5l omnibuses (527 l3), the saving in
space occupied by public vehicles and their horses
during the Is hours, would be 600 square
feet; which is equivalent to widening the carriage
way of the street more than twenty feet The ap-
pretended inconvenience from continuous line of
cars, is imaginary. Sixty-one cars passing each
hour would be more than $50 feet apart measuring
from the rear of to the horses OF the succeed
ing. The preference given to the defendants over
the competing applicants, was properly given Sup
posing the terms offered by all the applicants to be
equally favorable to the city and the public the de-
PENDANTS were entitled to it, because they were the
first to ask it, and had made great efforts and incurred
great expense to show the practicabiity and benefit
Of the railway The Corporation had no power to re-
ceve from any OF the applicants terms more favorable
to the city than the regularcense fee provided by the
present resolution II, however, the Corporation had
been free to accept bonus from applicants it ought
not to have accepted any of the other applications,
because there was good reason to believe that the
applicants would not make the road and pay the
city. Not single application was made by friend
OF the road. Every application came from quarter
not only hostile in fact but committed against the
road by denials Of its legality prophecies of its fail
ure and threats of its overthrow. Security offered
would have been Of no avail, because it was known
to be part of the plan of resistance to get the road
into the control of enemies, while other enemies
should play into their hands, by procuring an injunc
tlon against tho work, which nobody should ever
to dissolve. No prudent legislator, DESTROYS to
have the road made, would commit it to such hands.
Aft of Conover, p. 10; Aft. of Barley, p. 8; Aft.
of Sturtevant, p. ~ The terms which the defen-
dants took the license, to keep in repair the space
between the rails, to provide depot at the foot Of
Broadway to station an attendant at every stopping
place in the crowded parts Of the street. and to sweep
and clean the steeet every day before A. NJ, in
winter, and 3 A. NJ, in summer, conditions
which would cause them an expense Of at
least Sal ,70s ayear GAIT. White) Besides this
they were required to purchase six lines of
Broadway omnbases, Ola 0mnbuses and Ii, 900
horses at cost OF 000 exclusive ofthe expenses
of stables, about $4,000 more. There were six
other applications the two best Of which were, one
to give 100000 year for ten years, with three
cents fare, and the other to take the grant the
terms OF the present resolution, with three cents
fare; but neither contemplated the carriage of pas
sengers except on the railway, and neither was
companed with the offer to purchase out the omni-
buses. The defendants plan was to make the rail
way trunk line, and to ntersect it with line Of
their omnibuses, every four five Streets from river
to river, and they gave pledge for the fulhmcnt OF
this intention in the purchase OF the omnibuses and
horses. With all this public accommodation and
these combined routes, they are allowed to charge
no more tlan five cents from any point to ano-
Their If the others had got the grant there was
thing to bind them TO take passengers on the cross
routes, who would thus be left to detached lines of
omnibuses. Comparing the offers, then, we have
these results. At TO the offer Of 500 900 year for
ten years, and three cents fare-in respect to the
charge upon the grantees, they would have paid for
a track in Broadway 100000 year, making at the
g. n q fan OF NOR cor
We pay $500 900 now, which, in ten years, will make
600, to say nothing of the annual expense of
keeping up the line of omnibuses. Add s14l ,70S
year, the estimated expense of fulfilling two Of the
conditions OF the license, and in ten years they will
make, with interest," 81 s63 AGO. thatwe pay in the
ten years more than they would pay by 81 1893 AGO.
In respect to the benefit to passengers they con-
vey for cents on Broadway; but all who go from
to the cross streets, must pay the omnibus fare aso
and that cannot be less than cents. Suppose halfthe
people to live on the line of Broadway, the average
price paid by passengers will be 81 cents each. If
we were TO take the plaintiffs calculation, (p. ~
which, however, is greatly exaggerated that 10000,
GOO passengers go in year, this would give, (half
paying cents, and half So $4,000 a-year paid
by travellers, if this offer had been accepted more
than they will have to pay under our license
When passenger has to 20 from river to river, this
difference vii re still more increased For example,
a person starting from the foot of Twentythird
street. Hudson river TO go to the foot of Grand street.
East river, would have to pay, under their offer, ID
cents; under ours cents In respect to the benefit
to the city, it is Of the greatest importance to pro-
mote the rapid settlement Of the upper wards, and
divert those who do business here from residing in
adjacent Cities This will increase the taxable value
Of property on the Island Tar more than enough to
counterhiance tie payment into the city treasury OF
100000, or even 5000 600 year. What will do this
well as the scheme which the defendants propose
of opening the whole Of the upper wards to easy and
rapid communication with the lower, and bringing
every person on the inhabited part Of the island
within two blocks Of public conveyance, in cor
respondence with the trunk railway along the
ridge Of the isand2 Srcond, AS to the offer
to take the grant under our resolution, with
three cents fare. The grantees in that case
would pay nothing for omnibuses, and thus
save the 81 ,3l5 900 in the ten years. while the pas
senger would pay more than they would under our
license, and the city would lose the benefit Of our
comprehensive scheme Of INSTRUMENTATION be-
tween the different parts of the island. Whether the
rails laid and the cars running in Broadway, will or
will not be q nuisance is a question that may be
raised hereafter, when the experiment has been
made, on the application of aggrieved persons, by
criminal or civil proceeding Tnis court cannot