New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-29
THE CITY RAILROAD QUESTION.
SPECIAL LEGISLATION WRONG.
REPORT OF SENATOR HALsTED
IN SENATE, March 3, 1850.


THE BILL AUTHORIZING TIE CONSTRUCTION
RAILROAD IN NEw-YORK CITY, &c.
Mr.. H.st.d, from the majority Of the Committee on
Cites and yilsges to which referred the bill en-
<tl.d An act TO authorize the construction OF ran
road in the Seventh avenue, and through portions oil
certain streets in the City OF New'foik, soonH
Tie folio wing report: - 81,
Ire bill 10 anestion authorizes George III. hesey
and Oth.rs ard their ccates, successors ana as
MRS 10 lsy, construct, operate ana use rsLIOdd
With double track lor sipge track in some psrs OF
tAs rouiel as follows: Commencing at the southern
xItremity Of the Central Park thence through oeVentn
avenue Green wich avenue, SIKH avenue fOurtltt;'
WEBSTER Canal West Brosdwsy, Barclay, Greengich
ss.t TO Battery place and thence returning through
Bsrcl,y Church, Cansl Greene, and Elghth streets,
Gr,epglcn avenue an 1 Seventh avenue 10 ,he pont
bsripbirg: also from the foot OF the Central Park
through Fifty-pnth street 70 Fifth avenue, and no
Fifth avenue 10 One. buodfed aud tenth street. |
prOydes for the construction OF the proposed ROAD
upon the most approved plan OF city railroads. makes
usubsc ia respect 10 rules and regulations pertain
ing 10 the licensing Of cars the ordinances Of the
Common Council Of the City OF New-YOrk; prohibits
Any higher rate Of fare than f charged on other rail-
roaos in the city, and empowers the assoca e. upon
complying with certain conditions respecting cOnpen-
shiiOn and payment, 20 existing railroad tracks
No consent q the Corporation o. the City OF New
York, Of the ctzeus Of the oEners OF property
on the line of the proposed road is required; and by
express terms the act Of April 4, 1854, relative ~
the construction Of railroads in cities, which re-
qpIes the consent Of majority 10 interest OF the
property on the route OF any city raroao az
prerequisite Of its construction, is made lhaPpcaOie
TO the proposed road.
Nor does the bill contain any provisions requiring
compensation for the franchise w1ich 1t Vests In the
assocates either to the inhsbtsnts Of the Guy OF ~
the Of property on the line OF the road or 70
the Corporation, or 10 the state. ,.,.r.
The franchise proposed TO be granted by this bal 10
one Of much value. II is right OF railway through
in pOIaDt streets and avenues traveTsng tne entire
length of the City Of NewYOrk, and including IN lts
route some Of its most densey populated districts, and
mo.t important business centers Of the metropolis;
and spproprates to the use Of the associates men
sucoessors and assigns much Of these streets ard
avenues as Is necessary for the enjoyment Vi the ghI
1t Is manifest that before any Legislature could, with
proprety, confer and that gra,uitousy, upon few
private individuals, however respe Jtable ADD enter
prisiDg, special privileges, which viii affect the
property and interests OF great numbers OF their ieoT
citizens irrespective Of their CONSENT it should be
made clearly apparent that some existing pnonc ne
cessity, or some paramount consideration Of pu6hc
benefit requires aud justifes the act The question
presented at the outset, by the present bill 10 not so
much, IL proper and expedent for the Legslstore
10 grant perm ssiOD 20 indviduals 20 instruct and
operate railroads in the City of NewYOrk but is il
proper and expedient 10 grant such permission, by
special acts Of Incorporation, without reference TO the
viii OF consent Of these who most immediately con-
eerned in the result and without compensation or pay
ment Of any kind
No one could for moment sanction Legislative
grant Of valuable property or franchise, to private
individual for purposes of gain, without come ade-
quite conso GRAFTON. The people OF this State, by the
express provisions Of their fundamental law and by
legislative enactments in accordance with its dir'c'
tOns have declared their aversion 20 all special eys
laOp in far herance of schemes OF private pr0tt, ana
will subject to just and jeslOus scrutiny all laws by
which any portion Of the community are made the
favored recipients Of exclusive privileges.
The projectors Of the proposed railroad have urged
upon the Committee the great public beneht wjlcn
wilresut from The Increased facilities 20 be furnished
by this rev line Of communication and travel. But
the facts and statistics which a1duced to demon
srae the proprety and necessity OF constructing new
railroad routes in the city even If entitled TO s the
weight claimed for them do not show the prOpety or
necessity of constructing them in the manner provided
by the bill In question III II be conceded that the
right build and equip new road ougut to he glven,
it does not follow that ought be given for nothing
or without the consent or cooperation OF others tosn
those interested in the profits OF the enterprise IL is
evident that just in proportion to the demand when
exists for the line is the value OF the night TO construct
and operate it, The il is needed the more It VIII
pay. Thus the main argument used in favor OF the
GRANT, is a reason for refusing it as gratuity. Htle
franchise asked for s vslueess there is no proprety
in bestowng it at all if it s OF value, there Is 10 pro-
priety in slowing 1t as a gift.
The applicants for the grant IN question 90 not
claim any rights superior to those oil other citizens OF
New.YoIk. They propose to embark Their capiial
and means in the projected railroad, and ask for the
privileges embodied in the BILL TO enable them to set
in motion the plans thus formed. They c0ncede, by
the present application that they can have no right to
these privileges unless they are acquired by act OF the
Legislature. Under existing statutes as embodied In
the General Railroad Law, passed in 1880, and the
act OF 1854 above referred to- such railroad could
be cor Instructed without the consent of the Corpora
ton of the city, and Of majority OF the owners OF
property slorg the line. The object of the present
law TO authorize lis construction without the consent
Of either.
But even If properto repeal both these laws,
for the purpose of reaching the result thus aimed a.
the question of compensation still remains. IL is one
thing 10 grant privilege, and quite another thiog to
grant the means Of using IT. the present Application is
not only for corporate powers but also for actual cap
al that is, right Of way, already graded, and ready
for LAYING the rails and the applicants have failed t.
chow the proprety or iustice of comforting upon them
afranchise OF such evident value as a mere git and
bounty. Such grant would be a palpable breach OF
trust snd precedent which would offer premium TO
speculation upon the basis Of legislative favor.
The proposed bill IT, therefore, liable to the first and
obvious objection, which appears upon its face, thst
j, grants 10 private individuals valuable fTaochse,
without any equivalent or adequate consideration.
The bill is also, in the judgment of the undersigned,
Objectionable, nasmuch as Il s special legislation Tor
an object which can be better attained under general
laws. Section 3 Of article |, OF the Constitution OF
1876 provides that corporations msy be formed under
general laws, and that specsl corporations shall not
lie created except for municipal purposes and cases
where in the Judgment of the Legislature, their OBJ
iects cannot be attained under general laws.
1t that the whole subject is thus referred %
the JEdgmeRf OF the Legislature and, a. assume,
to the judgment of the Legislature Of any year. but
must be presumed that tins s 10 be EiSs judgment
founded on all tue facts aud circumstances OF each APP
picaton and in no case To he exercised where the OBJ
iects proposed can be attained under general laws
either existing capable Of enactment. For exam
PIE the objects of a CORPORATION formed for the par
pose Of navigating the ocean by steam couii be at
tanned under existog general Lag, The steamship
act end speciac would therefore De unnece,
ssry; the objects Of corporation for the purpose OF
sio liar nayis GlOn by some motive po yer, ofgen
al and - Mt ha ~