New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-29

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s not b. pr tIeei inai ,ysry mao -oaa s.Ss ns % y
ard hy liza rmhaIs and bis iron trs and make rsuI
uron hith~sy Here tneO arr 100 one 'e''a N
~ bic the 0bef In s- sACsa onp.1y h'- essen. Iti
are pop. ~ am tta airosd coupAny y VA she -
mS.t b. ,sa: {. car1ri o. AEd pat PaSc ...e
euts ard &c. therefore, ;hs a. q the pahe Ta w0aid %
mrif,: .ist -, jsin, t1psnss # Toe pdSo and ~
u The i.e O1st. Tie seF then 70 have SeeH con-
Turning from these points find that the Court OF
Appeals, in Davis sgt The Mayor above referred tol,
hss decided that the corporation OF the Cry OF Neg
York s not By virtue Of its general poser over tia
streets authorized 10 grant II the manner attempted
in ls52 20 IN association Of peTs0Ls the rght 70 ,on-
sruct a. maintain railway or the streets for the
characterization 81 passengers for private GAIN and
such grant II made, is yolc FROM mat ls arg l-o
thatthe Legislature has the power, and toat Ike
Grant BIZ sot Of TIE people Of th. STATE would rot be
void even if il usde provision or consent or COM
peusstOn a. condition pTece1ent 70 It's enjoyment.
I'm. I. seems difficult 10 maintain this proposition,
when We consider that tue people Of this Sta.e have
ALREADY by solemn legislative acts in the several laws
for the oyenDg Of streets &c, vested 10 the corpora
1Cu IL trust iOr the cuzeGs, 81 the night, title aud
claim N the streets and that thete streets are now
held by the corporation 10 their cspacl'y OF trustees,
40 uTCDery devoted 20 certain and specific uses un.ss
sc are prepared 70 Say that their occupation by pr
v6te corporations for railroad purposes IS not De
t1re from such uses. II il IT, tyen the Legislature hss
10 more power 20 take streets for railroads without
cor sent or compensation, th=n it would have to take
The N Tor markets or arseDals.
10 tske private property in the City Of NeE.York
for street 4 is sary 70 make compensation the
street thus taken continues 10 be property IN the hands
Of The corporation street ust as much as it WAS
property in the hands OF the original owners land
It continues to be private property e. property o.
tie mCn pal corporation, called the Mayor, Alder
men and Com1onaly Of tee City Of New-lork, which,
though public bojy 10 certsu aspects, stands, in
spec 10 s rights and duties relsDg 10 trust property
On tie ssme footing individuals tSkelbsn agt.
Sharp, Is Barbour, 1893. Can the Legislature take
ths property and give 10 six or eight ont Of the Elk
or eight hundred thousand inhabitants OF the city,
new and peculiar easement or franchise IN it, without
consent or &C Compensation! Whatever may be thought
OF the general question respecting the onerencs be-
tween street and railroad, t.eTe Is certainly plain
difference betv cen the right Of the public 20
street Unfortunately and the right Of small num-
Der Of persons 70 maintain railroad on It. Can such
phi ste franchise be csrved out of public right OF
way without consent or compensation
In this of the subject tuere IT, therefore, no lit
lie doubt resting upon tns question of egisla pow
en- The Undersigned do not und erake 20 pass upOn IT.
they simply preseIt H. go that WISE and ludcious &C.
ton may be taken. llasty legislation on 50 important
p subiect would be impCliiic and uDsste. Grants
which il seems proper t. make this year msy appear
improper year hence. The whole subject should be
considered in all its aspects, and settled upon ba-
ss which will secure the rghts OF all concerned IN It.
The great importance of the question, and the msg-
nitude Of the interests which it affects, have induces
the undersigned to give TO it extended oOnsders-
ton They If opinion that iUstead OF enactog tie
proposed BILL further COL Steering the various spe-
cal projects nov before the Legislature for railroads
in the City Of New York. such products are, above
stated properly subjects for general Law aud
they respectfully suggest the following as the lee ling
provisions which should be Incorporated 10 such a
law:
l. Similar requirements as to organization, capital,
liability of stockholders, &C., as are now Contained in
the general railroad Iaw.
= Suitable provisions 10 prevent injury TO persons
and property in the construction Of the roads and their
operation.
g. Such regulations to locating the route, &C., "a
to afford 1oce and opportunity for objections If any
exist.
4. The consent Of the corporation, and the sale OF
the franchise under proper supervision 20 as to create
revenue to the city and thus compensate the corpo-
ration where the fee Of the streets IN them as trus
tees for the public; and where the fee is IL private
owners, subject to the public easement at any sucn
case exists compensation 70 them for the burden 6nd
injury created by the appropriation of the street to
railroad purposes. ,u,
JOHN r. PATERSON.