The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-01-21

invest them, by special act OF the LEGISLATURE with
mower to exact charges for license! The obvious
and necessary inference of this legislative action is,
that power was wanting and il these acts are strck
en- from the statute book, the corporation could
not tax any coach or carriage tor tne use
of the public streets. 1t might also be OBJ
served in this connection, that the charges for
license permitted by the acts cited, do not appear TO
be granted as sources OF revenue, but SIMPLY as q
remuneration for the damage or injury occasloned by
the special use of the streets by public vehicles NO
charge is authorized in reference to private carriages
but the power is limited to those vehicles that are
constantly being driven upon and over the payements
The charge is analogous to that demanded and re-
ceved by the corporation for permits to build vaults
under the streets. 1t was found that when the pave
ment was taken up for such purpose, it was SO I'M
skilfuy and carelessly replaced as to require an eX
penditure on the part OF the city to put u IN its
former condition; and to indemnify the city against
such expense, the owner is required in all cases, on
obtaining permit to build vault, to pay stipu-
lated sum to the Street Commissioner, as indemnity
for the expenses found to be consequent upon the
exercise Of the privilege granted. The section of the
act of 1873 and the provisions of the act 1924 re-
ferred to, contain all the authority charging the
powers of the corporation in respect to the use OF
the streets, and the compensation which may be
required, that / am able to find 1t will be neces-
sary therefore, that rail cars should come within
the intent and meaning of these acts to justify any
charge for the privilege of running them upon and
through the public streets. The laws last cited were
passed before omnibuses were introduced, and when
these new vehicles were brought into use, the ques
ton arose as to whether the provisions Of such acts
were applicable to them Chancellor Kent, in consider
ing this question: (City Charter and Kents Notes new
ed, page 1887 held that they were undoubtedly
carriages for hire, within the meaning of the law,
and were subject to the charges authorized to be i'm
posed upon each public carriage by way Of ;,
with omnibuses2 / apprehend they are OF course
neither the construction, mode Of propulsion, nor
name of the vehicle can make any difference IN re-
ference to the prnciple-they both traverse the pub
1;o for Tho of fha nd
travel in them required to pay for the privilege
But this question seems to be fully settled by the
Supreme Court in the of Drake and others, be.
fore cited (See page 206, doc No. 10 OF Board of
Aldermen, 1865 The court say, "a leading
use and purpose, Of public street IS, for
travellers and others to pass and re-pass on
and over the same, with horses, carriages, and other
vehicles, and on foot. All parties must concur in
that definition as applicable to the right of way over
the public streets OF the city. And does not the
railroad with its propelled by the application
of steam, or by animal power come equally within
the definition as the cart, carriage, or omnibus,
drawn by animals? And the court hold that there
is no difference in principle between rail cars and
other public carriages traversing our streets"
have thus believe, answered all the questions pro-
pounded by you; l have bestowed upon their cons
Iteration such investigation and examination their
importance demanded at my hands, and in the re-
suits at which have arrived have simply followed
the conclusions of express adjudications OF our
courts, and the views of Chancellor Kent, in defin-
ing the powers Of the corporation of this city, To
recapitulate-my answers are:-
First--That the corporation possess full power to
grant the privilege Of establishing railroads through
the streets and avenues Of the city.
Second-That the corporation cannot legally en-
gage in the enterprise of building and conducting
railroad without an express grant from the Legis-
ture therefor, and that to use the public monies for
such purposes, without further legislative authority
would be in violation Of law; and
Third--That the corporation cannot exact any
bonus general compensation for the grant of the
privilege of laying a railroad upon OF through the
streets of the city; but charge upon each car for
the license to run, may be imposed, under the pro-
visions of the acts of 1873 and 1924, above cited.
Yours, &C., (Signed) HENRY E. DAVIES.
SELECTIONS FROM LETTERS OF NICHOLAS DEAN,
ESQ.,, PRESIDENT OF THE CRoTON AQuEDUCT DE-
PARTMENT, AND JOHN T. DODGE, ESQ, STREET
COMMISSIONER, IN FAVOR OF CITY RAILROADS.
NEW YORK, March Z, 1850.
GENTLEMEN--Th pressing details of official duty
leave me little time for reflection upon any subject
not connected with those duties, and still less for put
ting them on paper; but having for years past had
my attention directed to the subject of railroads in
the streets of the city, avail myself of the invita-
ton your letter Affords to put the results to which
such that the city can grow in but one direction; and
as the population is, by its expansion, removed
farther from the centre of business, means Of trans
portaton to and from that centre become yearly
and more important, and the inadequacy of the ON
nbus system to effect the object is exhibited in
most convincing manner. The great thorOughfares
are now crowded with them to a dangerous EXTENT
and yet at morning and evening, especially during
storms, it is only those at the two extremes Of
the line who can hope to get place in one,
leaving the intermediate residents wholly unac
commodated. Nor is it possible, owing to the
small number that can be seated in each-only
streets especially in Broadway to do the required
service, without excluding every other vehicle from
it. But for the relief given to Broadway about
Union square. and in that vicinity, by the cars Of
f1,n Hnr <hat rr1fn
would have long since become apparent. Railroad
be made to accommodate comfortably
from forty to fifty persons-need not occupy for q
double track more than twelve feet of the street
and are in all particulars 80 much more desirable
a means of transit than an omnibus, that many Of
our business men in Wall street, and below it, have
for years past, walked to and from the at the
Park in preference to taking an omnibus, though it
passed the doors OF their residence and place of bu
siness both. For these and various other reasons
(s0me of which are hereinafter stately have long
believed and do now believe, that the great interests
OF the city, and the convenience OF its inhabitants
akerequire the substitution ofsad cars for omnbuses
in some OF our leading avenues. How many OF them
should be constructed the mode Of construction, and
the locality Of each, matters Of legislation calling
forcarefu consideration IhavestrOng doubts whether
the cars should be permitted to pass below Cham
bers street. 1t would be no hardship to walk from
thence to Wall street; and if 1t were, its tendency
would be beneficial, in gradually drawing business
from the extreme point of the island upwards, and
near the termini Of these rails Every step taken for
the last quarter of century by city government
has, unfortunately led directly to crowd and circum
scribe business within a very limited and insufficient
in the First ward. Millions have been expended
in opening streets there and in extending piers and
building bulkheads to get depth of water sutI
Gent to accommodate mercantile marine; fer
ries have been increased and are increasing
while lines Of omnibuses have been estab-
lished to communicate with these fcrries-not to
serve the wants of our citizens but to furnish
lnnreSS. what \ n
to thousands who do not hesitate to avail themselves
of the great commercial advantages of our city to
acquire fortunes but who very willing to escape
the buthen of taxation imposed to create the very
municipal government In this way has BROOKLYN
within the period last mentioned, grown from an in.
considerable village to be the second city of the
State and in this way it IS that Williamsburg, and
Jersey Cny, and Hoboken, and Newark, and Staten
Island and many other places, hope to grow The
whole hut sulaurlas Of thia laar4