New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-02
THE BROADWAY RAILROAD.

The Question Of City Railroads in the Legis-
Iature-Both sides Of the Question.
The following Reports of the majority ard
minority of the Committee upon the Broadway and
kindred Railroad matters made in the Legisia-
ture yesterday
Majority Report.
d. Gilmore, from majority of the Commit
tee Oh Railroads to whom was referred the Senate
BILL entitled IAN Act 10 prevent Injustice In the con-
struction Of Railways in the Cities Of this State"
REPORT: That they have han the under consid.
Grafton and after delberaiioD, have come TO
conclusion unavoable TO the passage Of the BILL for The
following reasons, viz:
Ffrst-That system Of Railroad communication s
source Cfprospery the State and upon the subject
Of their utility but opinion prevails IN the COM
munity ard az our principal cities increase in pop
ulstion, they can be rendered contributary to the
convenience Of the inhabitants and the Development
Of property. The Importance of conceding TO the
authorities of cities complete control over the
streets and avenues within the locality has
been the recognized policy Of egislations so
far as enacimebts have been made in all past
time, and is unquesuonably based upon pro-
PEI regard for the public interests. BY the Dougan
and MnntgopeIe charters, which have been confirmed
by numerous acts OF the Colonial and state legislatures
the entire power over the streets In the CITY OF New
York has been given 10 the Mayor Aldermen and Com
ODaty of said City public trust TOR the use OF the
citizens at large and travellers and passengers thereon
(see Charter pages H. Is and 49, The power the
streets thus given the Common Council is corporate
franchise which il is doubtful whether the Legsa
ture has authority right to interfere with can abo
ish or restrict without the consent OF the Common
Council If this view ofthe question be correct the en-
aciment OF the proposed law would be unconshtuton
and therefore the law itself void.
SecOndThe right Of eminent Domain in the streets OF
the Cityof Newly ork which attribute OF sovereign
pow er has been surrendered To the Common Council
fret by the King of Great Britain, in the charters
4 ~. ho ri nd hu
the people of this Stete in the Of their Legislature
The policy of legislation, since the adoption of the
Constitution Of this State in 1896 has been, not TO cen
traze power in the State but rather 10 decentrazet
and in no instance within the knowledge of your Com.
mtee has the Stae attempted 10 recover back dele.
ested authority, TO grasp power, the exercise OF
which could be safely entrusted 10 Local Officers, or
Municipal Corporations OF Supervisors.
Thtrd-The proposed law is Legislative expression
in judicial proceeding pending, and therefore
not only discoureous TO another department OF Govern
ment but usurpaton of Its power. The interference
with and the assumption of these powers IL entirely un'
necessary tnce the Courts Of this State have soemny
asserted their authority 10 prevent the lnctlon OF
wrong, the contamination of corrupt legislation. In
the case OF Palmer against the Broadway Railway Asso
citation 90 prevent the contamination OF the grant for
which the bill under consideration Is sought TO be en-
acted Judges Duer and Bosworh delivered the opinion
OF the Court and expressly decided that they possessed
jurisdiction under the following circumstances
let II the Corporation, in making any grant, or con-
ferrng any power privilege exceeded the legal au'
thority conferred upon II by law
I'd II the grant OF license was based upon corrup'
ton, or wa in its character improvident.
Sd II the construction Of any Railway In the streets
designated would be inconsistent with pub
lie 10 which they were originally dedicated.
Tho alleged frauds of the Common Couuci, shich
assigned us the reason the passage of the law CUES
ton are therefore Of Judicial cogn,zance and appropr
atey belong to the Courts which, with the full and sde-
quate powers vested in them above set FORTH renders
any additional remedy or protection from the Legsa.
ture unnecessary The passage of the Senate bill If
Constitutional while deprving the local authorities OF
power would vest them in the Legislature without any
restriction limitation, and the very wrongs now COM
planned Of might be inflicted BY act OF the Legislature,
Tor which there would be remedy. the Courts
der such circumstances, would be without power to re-
strain their execution.
Fourth The bill was evidently urged hastily through
the Senate without the consideration due TO an act OF SO
great importance, and If IL should become law would
effectualy prohibit the prosecution and completion of
other Railways in the City of New York. against which
there has been complaint and which the convenience
of the public demand should be speedily finished.
The Second, Third and kinthav Railways, the
grantees for each Of which have made extensive prepa
raiions for their construction and incurred great ex-
pensee for materials therefor would suffer great injus
ce by the passage of this law while the other hand
the grantees of the Sixth and Eighhav. Railways, who
have portion OF their road completed (the Sixth TO
Fortyoarthst and the Eighth to Fifty first St. through
the denely populated portions OF the City, and conse
queptly the moot profitable portions OF their grants,
would be largely the gamers by being released from the
completion OF their 10 Harlem River through that
ted and consequently furnishing but few passengers
and little inducement for the further extension.
Flhi-Tha with the growth and progress OF the cities
of this State and the natural increase OF their popula
tCn the necessity for persons Of moderate circum-
stances 10 reside remote from the central portions
thereof where their business calls them daily. will
render transportation by Railways, almost imperative,
and sooner later they must take precedence OF all
other means OF conveyance Applications 10 the Le-
sislature will then become numerous and seriously
burdensome only TO the applicants for such grants
but to the Legislature and vast amount OF business
imposed upon IT, with which its members will naturally
be less familiar and consequently less qualified 10 act
sdvisedly than the municipal authorities OF the par
ncusr locality responsible directly other constituents
ior any abuse Of the authority delegated 20 them.
SirtA-I IL claised by the advocates OF the Senate
bill that II the grantees of the Broadway Railway
permitted 10 build their road, that great horeug h'are,
which Is the PRIDE only Of the City, but Of the State
would be desecrsed that the Railway itselt would be
come iniolersbe nuisance by hlhng up the street
and preventing The passage OF other vehicles either for
business pleasure. The Committee are 10th 70 be
heve that BY any means OF human ingenuity, q much
greater amount of occupancy OF that street can be hsd
than be found In the vast and constantly increasing
crowd of omnbsses which now throng IL from the Bat
terry to Union square Nay they inclined 10 tue be-
ethai would relieve il from the plethora of vehicles
BY which IL is ncommOded, rather obstructed,
and at the time accommodate the travelling public
10 much greater extent than by the At present
employed ;-besdes. the Railway. II nuisance may be
indicted and removed by Judicial action, and
very Efficient remedy and applied with much less neon
veniepce and much more safety 20 municipal rights,
than by legislative acton.
Sres-The necessity for the Law is obviaied by the
fact that the exercise Of powers Of this msturey mum
cpsl CORPORATION cannot produce any permanent wrong
ox Injury II being legislative power any succeeding
Common Council could revoke Il the grant license
The Courts have affirmed this principle N the of
the Butler and others against the Corporation Of New
York.
Fisal-This is the first instance IN the history Of
esislstion where people have ssked 70 have manici
nal rights whch are guaranteed 10 them by Their char
ters and numerous legislative ensctnents reassumed
by the state II, not to be denied ths the citizens OF
New.York have frequently made application 70 The
Legislature for legal enactInents in Their oehAbut II
has always been TO Increase rather than diminish their
powers 10 obtain some right which by the existing
Charters and laws not guaranteed TO them, and
your committee have been constrained 10 me oee' ns
Se advoca,es Of the Law have not duly considered is
eects with reference 20 It's general bearing upon the
rights but rather remedy for ~ isolated instance OF
aledged corruption and malfeassnec IN ONCE they