The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-03


grounds in the case; and common sense and
public opinion will certainly endorse his rea-
sons, because none Of the streets are private
property. but necessarily under the control of
the Corporation and, however unwisely that
body may sometimes exercise their Legislative
functions, it is proper that they should have
such control. What would be the effect upon
this city If this decision should be sustained by
the Court of Appeals? Would it not compel
down in our streets?
The committee of the Legislature, appointed
to consider this important subject, made their
report on Friday last
The majority report states that the impor-
lance of conceding to the authorities of cities
complete control over the streets and avenues
within the locality, has been the recognized po-
licy oflegisatures SO far as enactments have
been made, in all past times, and is unquestion-
ably based upon proper regard for the public
interests; and the Dongan and Montgomerie
charters give the entire power over the streets
of New York to the Mayor, Aldermen and Com
mon Council, as public trust, for the use Of the
citizens at large, and travellers and passengers
thereon. This power vested in the Common
Council is a corporate franchise, which the Lee
gislature has no right to interfere with without
the consent of the Common Council; and there
fore the enactment of the proposed law would
be unconstitutional. The right of eminent do
main is vested in the Common Council, and in
no previous instance has the State attempted
to grasp powers, the exercise of which could be
safely entrusted to local officers, municipal cor
porations, or supervisors; and the interference
with such powers is entirely unnecessary,
since the courts of this State have solemn
ly asserted their authority to prevent the
infliction of wrong or the consummation Of cor
rupt legislation. The alleged frauds of the
Common Council which are assigned as a rea-
son for the passage of the law in question: the
majority Of the committee consider appropriate
ly belong to the courts, and therefore renders
any additional remedy or protection from the
Legislature unnecessary; and the very wrongs
now complained Of might be inflicted by an act
of the Legislature, for which, there would be no
remedy, as the courts would be without the
power to restrain their execution; and from the
growth and progress Of the cities of this State,
applications to the Legislature would become
numerous and seriously burthensome, not only to
the applicants for such grants, but to the Legis-
lature, and vast amount of business would be
imposed upon it, with which its members would
be naturally less familiar, and consequently less
qualified to act advisedly, than the municipal
authorities ofthe particular localities, response
bic directly to their constituents for any abuse
OF the authority delegated to them. The report
continues -
1t is claimed by the advocates Of the Senate BILL
that if the grantees of the Broadway Railroad
permitted to build their road, that great
thoroughfare, which is the pride, not only of the
city, but Of the State would be desecrated that the
railroad itself would become ntolerable nuisance,
by filing up the street and preventing the passage
OF other vehicles either for business pleasure The
committee are 10th TO believe that, by any means Of
human ingenuity, much greater amount of occu-
pancy OF that street be had than is to be found
In the vast and constantly increasing crowd OF omni-
buses which now throng it from the Battery to
Union square. Nay, they inclined to the belief
that it would relieve it from the plethora Of vehicles
by which it is now incommoded, rather oh
sirIcted, and at the same time accommodate the
travelling public to much greater extent than by
the means at present employed; besides, the rail
road, if nuisance, may be indicted and removed by
judicial action common and very efficient remedy,
and applied with much less inconvenience and
lative action.
The minority of the committee dissent from
the propositions contained in the report of the
majority. and contend that the right of emf
nent domain having been surrendered by
the State to the city of New York is start
ling proposition, for that this right is in its
nature prerogative and attribute of govern
ment and incapable Of surrender. The power
of the Legislature being therefore unquestion-
able, the only point is as to the expediency of
exceeding it ; and the committee are of opinion
that whenever and however monopolies or ex-
elusive privileges may yet, under our consttu-
ton and laws, be acquired especially when
they may be very valuable, no higher duty de-
wolves upon the Legislature than that Of guard
ing against their improvidence by any body of
men, and against their being made subservient
to private cupidity, at the sacrifice Of the pub
lie interest II proceeds to say -
That grants Of the sale and exclusive right OF trans
porting passengers running upon iron tracks through
the crowded streets OF our cities, forbiddng all
petition by other carriages running In the same way,
AFFECT the convenience comfort, and interest Of all
classes OF the communicative stranger well the
citizens that the compensation should be lust both
to the public and the grantee and that no opportu
nifty should be allowed To exist where by any possibi
lily, this enormous power may be perverted to private
ends and become in itself source of corruption
are propositions which to the undersigned 10
need only to be stated to meet with universal acou
cscence. To guard these interests, and to promote
these Objects law Of the State affecting all the
cities equally, is undeniably necessary
The minority report Of the committee con-
cludes by affirming that the bill from the Senate
would meet with their entire concurrence, requi-
ring the previous consent of the Legislature to
authorise the construction Of any railroad in
any city Of this State, which would prevent any
corruption. and the absolute exclusion of all
opportunity for favoritism. if a more simple
remedy could not be found and they offer a
substitute in which no discretionary or granting
nnwer IL resoryod To the I.eoislature but only