The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-27

rejoice IN the hope Of IT, but sure that VA ought no
idea that will not be truly and honestly carr ed out
And it upon this idea that insist that the propose ra
wsy need not beand therefore will not be-any im''
ment to ordinary travel
But If II were, is that sufficient reason why II
should be rejecteds How few are the changes, IA
successful which have not in their beginning nterfered
with some existing interest. The convenience of tho
The power loom encountered more oppositon-serous
and earnest oppoetonhan all the railways that have
been constructed The river steamer displaced tho
passenger sailing craft the steamer has partially
displaced the sailing packets in which we were 80 sue
cessfu and of which We were SO proud There not
instructive more amusing portion Of the his
tory of our race than that which records the opposition
made to every improvement as il came forth VIII, sar.
have all by turns been employed against everything new,
everything which disturbed existing arrangements,
walked up old men from Their Dreams rendered useless
some portions Of knowledge hardly gained, or reused
the indoent TO new thought and new exerton
fit though very quaint example. found lately in
poet Taylos datribe against coaches which had then
just been introduced into London. Here it Ia
That ssS ne
ey; many years ago pas. with saIs
G s% @ wn Ss Of % hs
their necessary lsdpss debared stted the tmads
IN
at their mseIies 50 myself served
sFsi
iegeiher that hey hardly sir, main and great sd
E to hs most S S %ssy OF sSus
may join oonfsderacy purse
use Of coaches hath been the Of vile
and odioHs crimes as murder theft cheating hsngags whip
ssxsd III coaches Into ssIsad III ySlss time hose
taners; then land about London thought dear
ana ven @
coach quickly monntsd the price Of all things except poor
nio ih.ee ss%as .id:IiSt butterfly pss,:
steward aDd BUTLER which hath enforced many ssc.rasi
sSSye5 o S1 isn
% as
haVe pinssea he Turk by thu beard oS
is aforesaid this is the wherein the world runs on
This be very absurd. Let not the example be
lost
third objection made against the railway, or rather
against the proposed grant of it, that ought TO be made
OF 70 the city, and should therefore, be
sold the highest bidder This Is objection which de-
to be carefully considered because has misied
many excellent persons. But why, it may be asked in
the first place. should rule be adopted respect city
railways different from that adopted for every other rail
way and indeed every other Improvement or franchsey
Did anybody hear Of the State putting up to sale
railway privilege any other privilege frauchise9 II
the principle be sound, why should not be universally
sppeds The absence Of such practice hitherto is
tanly argument against its present introduction unless
indeed it can be shown-whch think II capoot-that
there is something in franchise to be exercised in city
which makes different from that which is to be exer
csed in the country.
The conc ssions already made to the different city
railroads made without exactng price from the
grantees We have seven railways laid upon
of city, two of them the Harlem and Hudson River
Railroads, entering the city from the country, and the
other FIVE the Second Third SIXTH Eighth and Ninth
Avenue Railroads. confined wholly to the city. These
railway have al made the same use of tho city streets
the railways proposed will make, and they have
paid compensation for the privilege All that any
of them have paid has been O small license fee
police regulation Would it be just to impose upon
burden not imposed upon them That would be favorit
ISM unjust inequality Upon the plancst principles Of
my clients II should be demanded of the others Either
them let tho opponents Of this bill abandon this objection
propose ut to attempt assessing and collecting
equal amount from the roads have mentioned for
the benefit Of the city treasury That would be equality
though it would be against the uniform practice.
Apart, however, from the consideration justly due TO
established practice, submit to you that the practice
just It is against the policy Of government to
sell either its Offices its franchises or its favors of
kind. What grants it grants not for private, but for
public reasons 1t looks not TO the benefit Of the ndvi
dual but Of the public and when individual advantage
grows out of the public convenience does so-at least
such ia the theory-as incident to the main design
in this city the sale Of ferry leases is exception the
general practice, that Is an exception which, if IL be
justified ut all must be justified by different rule.
The fact that grant from the sovereign authority is
benefit to the grantees furnishes no reason why should
be sold. II did, offices might be Sold 1t the prac
ce OF the government OF France before the revolution
to sell it's Offices even those that judicial the
practice Of the government Of England at the present
me to sell offices in its army No person would think
Of introducing that practice in this country.
This much upon the general principle. Let US see
if there be not also reasons peculiar to the grant un
der consideration why il should not be sold. There
is one reason certainly and that is that whatever is
and therefore, any price upon the privilege is in effect
tax upon travel This true Of ferries What
is taken from the lessees added ferrage
The true rule conceive to be- let the ferry trust
worthy persons, and reduce the errage TO the lowest
possible limit equal TO the expense Of the best possible
privilege sold the price would be taken from the pockets
of the passengers That in the State of New York do
not think fair way Of meeting the expenses of govern
Inent In New Jersey they think differently, and make
every traveller pay his contribution to the State treasury
Whether that is example TO be commended or likely
TO be followed, leave you to answer
There another why the sale of this privilege
would be Objectionable. The streets OF the city of New
York are not the private property of the Corporation and
it Certainly without the of the legislature conld
not sell the right of using them in particular way Could
the legislature give it the right to sell heml That will
depend perhaps upon the nature Of the trust under which
the city holos The trust thus described in the statute
of 1907 under which most of the streets have been either
taken, by adverse proceedings been oeded TO the
city
In trust nevertheless that the be appropriated aoi
or place forever in ike manner as the other public srees
avenues squares and places in the said city and of right
Those who have coded the streets to the city have given
for such purposes and upon such trusts who have
sold them have received compensation measured by not
merely the value of the land but the advantage 70 the
owner from having access TO adjacent property Take,
for example, the owner Of the land Bloomngdae
between POrty second and Forty third Streets
When the title vested in the city by proceedings
der the act of 1907 be received nominal considera
ton, becauee the street already highway After
that could he be made pay for the privilege Of passing
through the street thus takeDG Clearly that would be in
consistent with good faith but IT, instead of travelling
bis own carriage, he prefers TO take seat in railway
car lie made TO pay for the privilege Of with
any more than before? And this cannet be dDne
directly be Indirectly Can he be made pay
the grantees Of the road that they may pay TO the city
when he ccuo nat be made to pay the amount to
the city?
These, gentlemen, the considerations which am
Instructed by my clients 10 lay before you The subject Is
one Of great interest 10 the city and the Satc For
whatever concerns also you Every citizen
OF our commonwealth must feel pride in the present
greatness and future growth the embeli,h aud the
good name Of ts metropolitan city. Behold her, she
sits at the entry OF the sea- receiving contributions from
the water and the land TO swell the volume Of her wealth.
her population and her traffic Already the first In the
New, she falls behind only two cities OF the Old
World and in natural advantages she excels them both