Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-12-30

nsSuredly the Common Council Of the city,
do otherwise than regard the attempt as papabe usurpa
| ton of power.
FouTh-The twenty third section OF the amended char
OF S49 that all contracts 10 be made by the au
tnoy Of the Common Cornell for work TO be done, sup
lilies furnished shall made by The appropriate head
Of departments under such regulations shall be establish
ed by ordinances of The Common Council. Let il be al
mrd that the obligation OF the grantees and associates L
build the intended railroad in Broadway is a TO
work be done for the immediate benefit OF the corporation
and u.s. therefore, within the legal scope OF the section
that has been eced there other provisions 10 the gran
of The Common Council; which, il TO me, by
reasonable Interpretation be relieved rum that objection
The tenth article of the resolution making tho grant i'm
poses duty upon the associates 10 sweep and clear
the whole of Broadway south OF Fourteenth street every
morning and the sweepings before certain hour
on every day excepting Sunday and this duty the associates
the acceptance Of the grant, contracted 10 perform Then
there for work 10 be done-the daily cleaning o
street for corporation sea contract not made by the
head OF the proper department. under any prior egua
lions esabs shed by Common Council, and why this
contract ranscending the power OF the Common Coun
Gill; violating the provisions OF the amended charter 10
not be nduded void have been and still unable 10
understand If this contract void am forced 10 DECLARE
there is necessary failure OF an essential part oil the con-
dcraon upon which the giant OF associates was founded
and with this failure the entire grant, as deprived OF me-
ceasary support-niust fail.
L1atyBy the 2I2i section oil The Consolidating ACT OF
1913 and by subsequent act Of February 2ls 1924 Laws
of 1921 chap 20 the Mayor the city sautho5ed under
The direction of the Common Council license for cor
tain annual the of hackney coaches and car
rages for hire, and these provisions have uniformly been
CONSTITUTED and in my opinion rightly construed as limiting
the power the ComRon Couic 10 liking the number oil
licenses granted and the 10 be charged for cac
leaving The Mayor absolute discretion In the choice OF
the person whom they 10 be given. car 10 which
persons are be transported lOrhrC ratUad is Just
certainly carriage for hire as hackney coach or an omn
hs and so the Supreme Courtd this district in the mpor
r,u cas-. If Drake the Eluism River Railroad has ac-
tuslly drciicd.
The l2h Article Of the resolution Of the Common Coun-
c making the grant jacob :hnrpc aud his associates,
urrs chat they shall pay for in years, from the date Of
asRGGf 81 i% and sha have license accordingly" aud
these provisions not only abridg the legislative powers OF
IN. Common Council in fixing ia annual amount Of the H.
ccnee fee but take from the Mayor all discretion in the
cnpce OF the persons and make Ills duty to license those
whom the Common Council ha selected. Unless the au
thority Of the Common Council paramount 10 that of The
crislalurc enable then 10 d ves the Mayor OF
authority Legislature las given, these provisions
must be void. In my Judgmenthey are so-and, consc
qucnGy the entire contract OF Which they are essential
part Several other objections the validity OF the grant
and under raised and argued
fore me- which forbcar noc ecng Them, but
in The conviction that those whi have been stated
ample foundation for the judgment that pronouncehal
the Injunction that gran,l must be made perpetual
The giving Of in like he present in The dis
erection Of lie Court and teleendants have succeeded
on the Of fac! and have oy nied questions Of
Jaw in respect which great ilerences OF opinion have
existed no ruts are given eiler against the other
state further reason tu' thdrcsioR, that the original
plaintiff have been PERMITTED amend their complaint
without costs by making The Aney General party and
that hu; Tor this amendment, thir complaint would have
been dismissed.
HARLEM RAIL i9AD CASE.
"Reminiscences Of Property Hods-Speeches Of Rer Dr.
!Spriag Er. Ah:rmun Felly, IN. Sanford A. I. Ster
art and others.
An adjourned meeting Of the camitlec in this
senbId yesterday afternoon in hchamoer OF The Board o
Assistant Aldermen. There wereresent quite large NUM-
Der property holders ON heueeis through winch the
disputed road is contemplated o2nss Among those pre-
sent were Rev Dr. Spring, A. T'tewart, VIM. Chauncey,
AJ.rman James EclIy Major aneral Saudord Leonard
As soon as the meeting cad TO order, protest
r ,In c. .,Ifa thaI., ~
phan Asylum.
from the Fourteenth Ward Schooshich was also read
The committee then asked II nthing further was 10 be
offered.
present who had made an invocation into the petition
eu,a mating from the nhabitantsf The Bowery and he
would like TO ask him few queona, II II was permitted
by the committee. The particus Of this investigation
we're in writing, but the genemaHas absent who had The
papers. -
The committee granted Mr. kphe favor asked
Mr.. Kipp then questioned MIR. w,on as follows:
Q-You called upon the signerd this peliton3 Al
did
Q.--liow mlny of them wereropery holders7 A.
One
Mr.. Krp said tina, Mr. Burrougw was in posshsson OF
The papers giving full particulars this Investigation and
he regretted he here He night he would be pre-
sent in short time.
Mr. Isaac YOUNG then protes in the name OF The
Dutch Reformed Church. corner o!ourh stree! anu La
Mr. NATsAS of the Crosby str Hebrew Synagogue
ness Of This Committee is drawing Close am request
ed to rise TO thank the Conmtteor the Kindness wan
which they have received remofsnccs 10 luis p1"c'
and 10 assure thcm that whatever be their report we
are satisfied is their intention 10 Hhat Is ght In ce
Gliding this case must say you shd ioos 10 the peton
crs This case and then consider se from "hom .hesc
cmanaied We haven mere cso~os VI oui
citizens holding up their hands :nst TINS plolec.' ana
there has appeared support but nose inter-
cscd in the railroad project ASK irselVes ~hat 10 oe-
come OF the poor man these anninces 60 o. nave
no more 10 say. ,
Mr. Burroughs then entered the m. lie was asked IL
he had any information 10 give upche matter.
Nh BuRRouGHs then read staent 10 The eject mat
If Ihoa. who had signed the pettidn favor Of this project
several of them had moved from bowery they oeln.
only temporary residents there's seyare IN Europe and
several deny having signed haamcs 10 The pelioo
before Them The owners Of manytatcs on the Bo~ery,
hose have signed this pet n arc themselves op
posed ibis project Crhe genen then read some print
ed circumstances against other roaappying inc same 81.
garments opposition The road IN consijerat0n mus
We s.. gentlemen there i: but Dneon before yuu anu
lhn Is he one in opposition TO ths2ect we nave
that the pretended petition Is SIGNIFY those VINO nav Nv
special interest in The matter. NCthare express
selves in favor OF This project eScef9 railf2au I';
who have appeared here through tn counsel ana Dihcss
He hoped The committee would, uf rctlIihg iiG an
otce, consider this carefully and ia just
al least one bright spot upon their clai RECORD.
Two other gentlemen here gave ileii
The Rev. Dr. SPRlSG.-I rise p son'e o,iusnc - ="
consequence of having oblrudsd mil snort time at ue
previous meeting. would Ike 10 6 the learned counsel
for the railroad company if this pe,n enanated rom 'ne
company, residents in the Btlyi "'h !e sen''e
man answer mel ,,,y,,
General SASDFoRD-1 have do 80 before. lie saio II
came from the residents of that str.
DR.. SrRlNo- For myself consGthis very great qnes
ton Were so, am sure shoi not at the close VI he
week, when my official duties requ me elsewhere pesen
myself before the committee PEI this committee VIII
look upon this ordinary quesli. Thisis htns oc
rason to look al the Importance of road enterprises
The learned counsel for the companinmy own MIND ony
presented three arguments in favor this proiecs One was
that this benevolent enterprise was not goeu W
for private interest. bu, for the PUG good doaol "ne
Their these gentlemen the owners hs road ever were ~
sandeIcd before This, say, Ia csee between moheyeo
interest and the citizens of New Ys.h Another a!Ruhen