The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-17

ouy az MAJ, 1858 the said the Msyor Alderman aud
oomnay o. ,hS eV New x".k, established isr, ~
the foot OF Montague street, Ia the oty Vt Brooklyn aow
known as the Wall street Ferry.
kuib-1hAt the respective termni Of all tho ferries
aforesaid in said city of brooklyn, between the a'e
eata places called Wailabout Rod Hook tAit the
said teimin u SAID ferries, both 70 New YORK aud BS
Fat river asd witch are at considerable dstDcc -
the low water mark referred u sad letters pat Ut;
that the sad Fast river 10 pubic navtsaole ryar,
rough which ebhs aad lows; that an
line along both SIDES Of the said East has been
ss,abshed By the Legislature Of thus state upou the APP
cason of citizens ii the said city IT New York, aud "
her place. Within this State aud by with the ass mt
AID acqucscence Of the Mayor, Aldermen aud Com
atty Of said city that said exterior lue along shore Of
said Nassau Long Island not ut any point less tan
hubdf ed feet b. low the low watsr Ark along said
shore referred to 10 the letters patent aforesaid and is At
points much greater distsncs below salt low
water mark that said exterior tine aoug tho shore Of SAIL
Manhattan Island = NOS at auy, poia, loss THAI
along said last mentioned shore, referred 10
the letters patent aforesaid, aud u poius II
much greater distance below said low watts, marx that
both OF sad East river the space the
high sSd low water mark, referred 70 la said stteis
patent, has for period Of twelve years past ami up
wards been Allied In with EARTH and streets have
opened or extended through the same and that 20
portion thereof actually and possessed by
corporations other than the said the Mayor,
Aldermen and CommoDaty OF the city Of New York
sixth THAT on about tho tenth day Of November,
1854 corporation created under Of tns
companies passed April O. 1885, under the corpor
name a the Union Ferry Company Of 3rookiya for the
Of purchasing the leasee OF the ferries aforesaid,
ADd Of other ferries which had been made ty ana be-
tween the Mayor, Aldermen aud Oommonaity Of the
city OF New York. and she leasees thereof respectively
mat me nominal cspal q ssa c'mpsny V ssn. naa
70 enc million OF doars) which 10 divided nto eight
thousand shares u one hundred dollars each; thai ma
,oy Of the owners OF the stock VI said company are not
inhabitants Of either OF said cites Of New York Brook
yn; and that the plaintiffs informed aud believe,
la portion thereof il owned or held Tor the benefit
I'M nj Cf
poses Of profitable Investment: that for several years
,rior year 1854 the toll establshei
gers crossing said ferries cent aud the Other
charges for toll much less than hose whch have
been established by the said Union Ferry Company Of
Brooklyn and the public were allowed the privilege o.
Communication upon tho terms OF paying ten dollars o. less
yer annum for foot passengers with reduction IN sae
! case OF children ander twelve years OF age
That the said :. Ubion Ferry Company Of Brooklyn
ehoy after the formation thereof purchased the rights
and privileges bel ~ tho lcssees OF the ferries aforesaid
respectively, toSaher with the property pertaining to
said ferries belonging to them respectively, and con-
meDced runnirg ali Of said ferries, Tor the proit
and emoumeu oil said corpora alton; that prior to the
| Ccmpsny Of Brooklyn abrogated ,hs Of toll, an,
the privilege Of communication Aforesaid and established
lieu thereof the rate OF two cents each for foot
gers and largely Increased the toll for this passage Of All
vehicles; ana the plaintiffs that thu of tol,
herein srst mentioned, with the privilege
AFORESAID, were highly remaneraiiye, during the
period they n force, aud that such ates ami
icwer rates Of toll, with the corresponding privilege oi
commutatioD would nov produce sufficient 10 pay all tbs
be distributed to among the parsons entrusted with tha
franchise thereof And the plaintiffs further show tina
about the 2st DAY OF November, 1859 the SAID M
| Mayor Aldermen and CommOnalty OF the city Of New
York did, pursuant u applc therefor, u,ae to
them by behalf o., the said Union Ferry Company
of Bfookiya pass adopt resolutions Directing the
Comptroller Of sad city of New York To advertise auI
sell lease of al OF said ferries In parcel upon the
terms specified in the Advertisement Of sale hereinafter
mentioned, that in obedience to said resolution, the
de'eodsut, Haws az such Comptroller, aforesaid
SALE in one parcel OF lease Of all Of said
ferries, to be- executed by and between the SAID the
Mayo Aldermen aud Commonaty OF the city OF New
York, or the one part and the purchaser thereof Of tho
other part, which sale is to take place tho 7j
teenth day OF December instant that the
~ property TO be purchased pursuant said terms Of
eae In OF purchase by any other the pro
sent essets five hundred hous and dollars an upwards
and that the net derived by Union Ferry
Company Of Brooklyn from the said ferries, exceeds the
sum Of Que hundred thousand dollars year. And the
plaintiffs further that many citizens of the city Of
Brooklyn, Of ample pecuDisry ability, ready aud will
ing take lease OF the ferries upon the ter ms
on which the same are now held by said Uuion Ferry
Company OF Brooklyn and run the same much lower
rate of sre that about the 26 day of No embsr
1869, an offer on behalf Of the sal city Of Brooklyn and
by It's authority made to tho the Mayor Alder
men and Commonalty Of the city of New York.
That the said offer has not been accepted and that the
defendant, Haws, threatens to make said conform
ably 10 the terms specified tho aforesaid
at the time therein mentioned.
ssventbAnd the plaintiffs further show that as they
are advised by their counsel and beeva 20
grants r,e.s privileges which have become vested
n the said the Mayor Adorned and Commona,ty Of the
city Of New York; relative to the ferries aforesaid were
wholly political aud governmental in their scope an
meaning, and were vested for public and political pur
p0ees ony and that the said the Mayor, Aldermen aud
Commonai.y Of the city Of New York. hold the said
powers, grants rights and privileges trust to admins
ter the same for the benefit and advantage Of the nhab
OF the cities Of New York aud Brooklyn and oshert
who use the said ferries
And the plaintiffs further show that the city Of New
York contains population OF eight hundred Thousand
and up~ards, and that the city OF Brooklyn contains
population of two hundred and fifty thousand and ND
wards that large numbers Of the inhabitants OF said ctc
| N and do huajn
other tof them, and that sale OF the ferries aoresa
the terms specified in the said advertisement of sal
would produce great and rreparabe injury ~ the nha
bitants Of the said cities respectively and to tho publ
generally.
Eghth-And the plaintiffs further aver that the pro
cecdrgs aforesaid the part and behalf of tho said
Mayor, Aldermen and Commonaliy Of the city Of New Yof
were haa 10 COLLISION With the said Union Ferry Company
OF Brooklyn, and 10. the purpose OF obtaining undue
from the lease Of said ferries, aud OF vestng il
the said Union Ferry Company Of Brooklyn monop,
OF gains arising the tolls upon said ferries that b.
the the leases OF tho ferries aforesaid respective
~ those OF the said Fulton, South ana Hamilton avenu
ferries expire May 1885, and these Of the said Catharn
and Wall street ferries expire In May, 1888 and that
order to carry out the cousve aud illegal object atore
SAID. the sand the Mayor, Aldermen ana Commoualt
| OF the City OF New York and the said Unio
Ferry Company of Brooklyn have come to some agree
ment or made some arrangement whereby the leases o
the said CabariDe and Wall ferries will also expr
in May, 1881, and that such monopoly would be dctr
mental 10 commerce AMI 10 the interests OF the public
and oppressive to the interests of the inhabitants Of hos
cities respectively, and the existence thereof would
Nmth-And the plaintiffs for second cause OF acto
aver the several matters herein before, ourthly filthy
eixtby, seyonthly and egbthy set forth and fartae
aver that In and by an act Of the Legislature Of th
State entitled "An act TO establish and reg alae ferrie
between the city of New York and Long Island, posse
May H. 1915, the right grant licenses estabshn
and keeping the ferries aforesaid, has vested
certain COMMISSIONER provided by said act and that th
ead the Mayor, Aldermen and Commonalty Of the city
New York, have not the right, powcr or authority :
grant The lease speciedn the said advertisement or sale
any lease OF the franchise aforesaid or 10 grant an
Tor establishing or keeping the ferries aforesaid
any either OF them a ti9R."4 ~
The p,ainifs therefore demand judgment the efec
that the defendants and each Of them and all person
| acting under them, or either Of them, or BY thu
authority q thcm or either Of them may be perpettAliy
cnjcined aud restrained from making tho sale aforesaid
Q, authorizing or permitting the same TO be made sn
from granting any lease leases ferries aforcad
either Of them, pursuant 70 The terms specific in thu
said advertisement OF sale, and from granting any Nas
or eases Of the said ferries whatever aud from granting
any such leases or any license % run the upon AMI
terms ~ TO toll or compensation exceeding such as sr
contained in The Aforesaid offer, made behalf Of th
CITY OF Bookyn for the same aud that the piantfs ma,
have such other and further both tne sais
Osurt may seem meet LYMAN TREWATNE, "
0r- e. A. 49,.