The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-01-10

agreed.
Tax GRmIRoN RAILROAD II CoURT-THE Bull
DEcIARED UNcoNsrIrl TioNA--As we predicted
when the Mayors message was made public
the world the flesh and the devil (the World,
;he Tribune and the 7yines) have attacked II
1uriously. Nevertheless, Mayor Wood has told
good many truths about our municipal con-
dition, and is perfectly right in all his allega-
lions as to the gross wrong and injustice which
the Legislature at Albany has imposed upon
the metropolis For instance, he cites num-
Der of cases, seriotia, in which that corrupt
ana INSCRIPTIONS body has interfered with tie
rights, property and franchises Of the city, to its
great damage, constituting sum of aggressions
without parallel These nefarious measures
comprise the seizure of the auction duties; as
Stunning control OF the Almshouse and other
public charities; the Metropolitan Police act;
the appointment of Commissioners of Records;
the Central Park Commission; the appointment
of Harbor Commissioners and Pilot Commits
sioncrsj the unfair apr ortionnent of the
taxes whereby the property Of other counties
is assessed very low and that of New York very
high; and taking from the hands of the Corpo-
ration all control of the common schools, for
the support of which they are compelled to
appropriate very large amount.
To all these may be added the multifari0us
grants for city railroads made by the Legisla-
ture to few individuals, the franchises Of the
same being worth millions of dollars, which of
right belong to the people. One of these rail-
road charters-the famous gridiron, or Broad
way parallel road-has recently been adjudi-
Gated upon by the Supreme Court, and declared
unconstitutional by Judge Leonard, mainly
upon the grounds that the act granting tho
right TO construct the road contains provision
prohibiting the Corporation from doing
anything which may prove an obstacle TO its
construction. This provision, the Court holds,
would prevent the Corporation from demand
ing an adequate compensation for the fran
chises, which are valued at q million of dol
lars-a sum which, of course, the grantees
would refuse to pay, and thus an obstacle to
the construction of the road would be created.
In the opinion of Judge Leonard the streets
and highways may be regarded in the light of
the private property of the Corporation, and
as such cannot be taken for public use without
compensation, except in violation of the con-
stitutioh; and the Judge remarks that there
never has been any grant Of authority by the
Legislature Of this State to construct railroad
in New York or any other city, without the
consent of the municipal government, prior to
the session of 1860.
Itremained for that infamous body Of legisla-
tors to consummate this outrage upon the dig
nifty and rights of this great metropolis. The
Judgment of the Supreme Court in the gridron
railroad case, however, may have some moral
effect upon the present Legislature. 1t will
show them that they cannot practise the ini-
1uities of their predecessors with the same ex-
pectation of spoils, nor ride roughshod over the
privileges Of this city, over the constitution Of
the State and everything else, without being
checked by the interference of the courts.
The truth is that there is set Of specu-
lators and swindlers going around who are al
ways on the lookout to see what property
and franchises belonging to the city they can
seize upon and convert to their own personal
advantage. They are few in number, but ra-
pacious in greed, and utterly devoid of honesty
or conscience; and into the hands OF these indi-
roads, and everything valuable or profta-
BILE which the city possesses. They own the
Brooklyn ferries, the H0boken and Staten Island
ferries and the city railroads, and they are
getting immensely rich upon their illegal en-
terprises, which amount to little less than lar
cenY OF highway robbery.
They seize upon the public water fronts, oc-
cupy piers without paying for them, disregard
the city ordinances and pay no attention what
ever to the safety or comfort Of the public.
And to accomplish all this they have only to
buy up the Legislature, and be liberal with
the lobby in promises if not in cash. Such is
the condition into which this vast metropolis
has fallen through the corruption of former
Legislatures, and we shall see now how much
better we shall fare under the present one.
Is Mr.. CAMERON TO BE EXCLUDED FROM Mr..
~ H. vna1o