The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-09


fer Msssrs Field Sanford OConors letter They
only petyfoggng in the for their in iivdual
ends (Cries OF 'order orderly say they are petty
we have the opinion of . Chief Justice Of the
ate Judge Bronfon) But lawyers opinions mere
ideas Of mind committed to paper and the party
that he gives to follows unheednsl y his advice II
had the opinion Of hundred thousand lawyers in
favor Of the project we should not the
For II would be rsking liberty as well IS our PURSES
and would not risk my liberty for all the lawyers In the
country If were only to bs imprisoned for one hour,
would not vote for the measure.
Alderman sruRrvANr-Nothiny lees than fifteen days.
Alderman WARp-These men, Messrs. OConer and
Sanford. give their opinions daily, which often
red higher then pronour osd worthless aad
thrown to the winds good for aothng. As vas re
marking this injunction restraints all parties and all com
psnes. No person ehan say that the legislature gave
| them power to run railroad in Broadway, for they
have power the streets of this city than
have Every member Of the Legislature has the right
to walk through the streets of this cit, Just
IS have, but no more; there his power stops The
Legislature at Albany have such power the city
would them in granting Broadway for the
OF any railroad company II this company should lay
ear over them No, they cannot therefore the grant
would be exclusive The legal argum mt of Judge Duer
yet remains, and the injunction hangs over Be-
railroad comps is ths:- The Common Council shall
not give public property for private purposes unless
compensation % paid for the Co. Ad% . now {
will not be . public street "a contemplated mere II
viii be taking away from the public and giving 1t to
et Of speculators Now ask you, II have the pow
to give nan like Mr.. Pulis, for instance, the side
centre, the whole Or a.; part of Broad to lay down
bis track on and tell nybody hat comes along 70 ge'
ont Of his wa,f say have not the right
highway. the comJ any, as the most aSatedly
would push every man out OF the way, 1t 49, oil
course exclusive privilege. Can anybody else put
upon that track? No, Fir He cannot, and, there
FORE 1t is without doubt, exclusive privilege. Now
regards their incorporation pnier act OF the
legislature contend that that body have such power
The power ted in the city OF New Yok Is older thar
that Of the stae. Gsughter) The power o, the Iegs
lsture streets is doubted and doubted sir BY
Of more intelligence, (siving significant look al
Aldermsn str rsvant,) than many of those who thnh
they know great deal Slight tittering) We have nc
evidence that these men organized; we have only
their words. There other portions Of my remarks
made q short time since, which exactly coincide will
the opinion Of Judge Bronson on that matter, and an
glad to see | am supported by so learned man TIT
Oh provides that all franch tha be pu
up At public auction; but don't believe that we hsv
sny right 1T all to lay railroad In Broadway. hope
the time will come and that at no distant day when thu
Court tf the United States shall declare that have
right to giant the privilege Of running railroad IL
Broadway or any other street But II We are going Z
have broadway Railroad, the resolution does not imp
what kind Of II Ia TO be, whether there Is TO be
single or double track-Nhether the fare will be one OF
twenty Ave cspt 10 fact, nothing known Of the pro
ect except that there u 70 be railroad In Broadway