New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-03-10
ASSESSMENT OF MONOPOLY PRIVI-
LEGES.
From The Nevd,k Advertiser.

From The heSdTk ddBeytiseJ.
The bill authorizing the Hobosen Land end improve
ment Company to construct railroad between Hobo
ken and Newark, has been signed by the Governor
and has become law
There now two charters on our statute book Tor
two new roads between Ne walk and the hudson lGv-
er and except in extraordinary powers IN the lat
ter, which are considered by many impracticable IN
their execution, they are essentially the same Both
his selection They both assert the principle that ex-
elusive privileges can be assessed and paid for IN dam
ages and the Executive, by his signature OF the bill,
has consented 10 have this great question brought be-
fore the highest Courts of the State and nation Tor
decis We judicial adjudication.
This was esteemed the great constitutional question
involved in the bill, which the Courts will now be re-
quired TO decide. Though many regard the confirma-
lion and enactment Of the contract between the Long
Dock and Hoboken Land and Improvement Company,
as violation of the clause of the Constitution which
declares that every law shall embrace but one object
and that shall be expressed in the title"
The large and unprecedented provisions OF the bill,
designed to appropriate the property and rights Of
other Companies appear 70 be- regarded as CUES ions
of high expediency of which the Legislature are pre-
sumed technically 10 be the judge as Is regarded
TO be the sole umpire as to questions Of fact; and
hence, however abhorrent they may be, they are not
the proper subject for Executive veto.
The grand result of the passage Of this bill Ia the
progressive march toward complete emancipation from
exclusive privileges, which are regarded as feters
upon freedom, and for which New-Jersey has long
been held in opprobrium by other States, and even by
intelligent travellers from foreign countries.
Two important acts in the grand drama of emanci-
patton fro monopoly thraldom have now been enact
ed in New Jersey, namely: First-The action by the
Legislature in favor of the assessment of exclusive
privileges for competing works; and the Second-The
assent BY the Executive The Third, and conclusive
act, will be the adjudication by the Courts, which, il
in unison with the other two, will perfect full emanci-
patton in NewJersey and secure the largest Liberty
for legislation in favor of the construction of Compel
ing roads everywhere over the State.
The pxciugya DriVileOea claimed by the Camden and
Amboy Railroad Company will be embraced within
this adjudication favorable 70 general freedom for the
monopoly clause Of that company was copied from the
monopoly clause of the Passaic and Hackensack Bridge
COMPANIES and hence the two must stand or fall TO-
gether for the Courts sustain the consttutonaity Of
either the Morris ard Essex extension act that of the
Hoboken Land and Improvement Company, the mo-
popoy privileges of either the Bridge Company or the
Camden and Amboy Company are capable Of being
taken by assessment as property.
The identity of the two monopoies may be seen by
the provision in the charter of the Passaic and Hack
ensack Bridge Company, which is in these words:
That II shaH not be l0tful for any person or persons
fohaerer TO erect TO be erected any other
" bridge or bridges across the said Rivers Passaic
4" and Hdckensack," &c.
The corresponding monopoly clause In the charter OF
the Camden and Amboy Railroad Company is in these
words: "Tbat 1t shall not be LAWFUL at any ttne
" during The said railroad charter, TO construct any
railroads ia This State &C.. TO compete in the trans
A." portation between the Cities Of New-York and Phil
" adelphia."