New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-23

I!nlt0N, Neng from elglt 10 Thirteen miles tut
same business point.
There are in successful operation now in the city
II New ork, horse railroads, the First, Second
miro, Fourth, Sixth, Eighth and Ninth avenues
These roads encountered general opposition when
brst proposed. The scheme of city ra.. roads =,
then, in great degree, untried experiment. au
the objections as 10 practiCabiity ant exPeuen'y
urged agan-t the bill under consideration were 'Io.
presented with even great force, because ,nrl, -,
no sufficient practical experience to be feieiIeu If
refutatiOn o. the widespread appreHoHe1o, cod
'puOllc aud private injury winch '"eu oA
Yet. under their oneration, the upper par
of the civ OF New York has oeo' ~"
proved and enriched rendered aeceSsioc w WV
hess community for residences '"u mo- .a"a,,v,
thereby added 10 the taxable value el 'uc P,tp,e.y
in that tharetof,-e uni approved and III eeesSios
c;,n .nJ tina railroads upon those avenues could
o., n. ramoved and a return had TO the OLD mole OF
convsyauce by stages, without a general deprecih,
ton Of the property the whole cIly, ana 'he ueu
onnos,,ion of all classes OF the community.
i,nt tbs avenue railroa Is but Of sectional M
vantage: they traverse aud accommodate the east
erlv mud westerly sides OF the Island. Broadway Is
| tbc great highway of travel and business OF the
| City of New-York, and in connection with Fiith
avenue, through the center Of the lshnd, rs
were the main artery by which all other channels
are fed. Broadway communicates WIN every o'her
sectioa OF tho city the chief stores, hotels, ana pub
lie buildings are situated upon adjacent 10 1t, ANA
IL is identified VITA every other part and VITA thc
most direct as well as agreeable route to the
CeGtral Park and other northerly points Of public
recreation and attraction snd IN the Judgment oil
YOUR Committee the public interests and general
convenience could in 10 WAY be better promoted
than by the establishment of railroad upon it, not
alone for the greatly needed facilities Of travel which
il would shord but also for the advantages which II
would confer IN relieving the enorm0usy overcrowd-
"a condition OF that thO.oughiare If the stages can
nt the same tine be removed Your Committee deem
railroad that street unless the stages which In such
immense number. occupy il removed
The existing lines operated On that street en-
10Y what practically amounts TO III exclusive fran
cse To upon 1t. granted by the city and confirm
ed by the Legislature. All know who reside in that
city or have visited it, how greatly overcr0wded
Broadway is with omuibuses-the delays which
sary attend travel III them, the noise, excite
men, danger, obstructious ani Inconvenience which
they produce In the business sections OF the city,
al the most import ant periods OF the day, tue street
* SANITY choked up and biOckaded. and cannot
be denied that omnibuses not only iai. to adequate
ly accommodate the public, but when com
pared with the comparatively small number
OF cars which would replace then, and carry
with 80 much greater facility and dispatch the trav-
cling public II remarkable that the improved
means OF travel ny means OF railroad have not
long since been adopted on that great hiRhway-ah
avenue 10 espe tally needing 1t over every other
street and avenue IN the city,
IA Illustration OF tne argument III ftIdiu W
time consumed by compared with oInTibuses.
the carr of the Sixth Aveoue Railroad occupy III
running from the lower end OF tnc Park 10 the Gro
ton Reservoir limited distance, - ninrSes, while
tbe oinnibuses consume III going the same distance
III least 81 minutes inceasing according 10 obstruc-
tons As 10 economy of spaIe-dn Omnibus Ii
feet long AMI 81 feet wide, and Is drawn by two
horses carrying at most bat IL Passengers The car
is "A feet long and drawn by the same power, and
VIII carry 49, and may be CONSTRUCTED 10 carry D.
PASSENGERS. The Whole Length Of the omnibus aud
horses rs ~ feet that OF the car and bor-es - feet
The bill under consideration proposes to remove be
tween 400 and $40 onnbuses from broadway. ana
Will substitute in the neigborhoo1 OF 90 10 20 cars
which will more than accommodate all the passen-
gers carried by the On.DiDusos displaced.
1t has been argued before your Committee that
indemnify ought not 10 be made 10 the omnibus pro-
prletor- as a condition oil the removal OF their onni-
buses from the street. but your Committee cannot
concur in that proposition. The omuibuses are IN
occupation OF the street, protected IN their rsnchise
bv municipal and legislative enactment. and the
propreturs cannot be required TO remove their onni-
buses without iuil indemnify under the law, and the
rail- Dad eacuot be operated unles. tley ara removed
| IL 1854 an act Of the Legislature was passed ex-
pressiy protecting the omnibus proprieors III their
franchise and providing that their nights should not
be taken away without Just compensation and inde-
peudenlly of this statute their rlgbs cou!a not con-
sItutio ally b. disre9ardcd without such pro'ision
But Made from this objection tire 0nnlD IL pfOprle-
tors In The Judgment OF your Committee, equita-
biv entle1 TO be paid 70. the loss which they would
sustain.
| StUe. prior 20 the introduction of city railroads
were the sole means OF public travel III the City OF
| Nsw-York, connecting tis business part OF the
city with the secuon occupied Tor residences,
and they have been the early pioneers OF
the city's progress and improvements in the
upper Wards. 1t has been business il
which success has been atiaiued by the proprieors
more through economy and constant exeriOD than
. lz proitg. Inc ENGAGED The business
starring with humble means have earned every
dollar Of their capital by their own exertions day
and night through years OF toll ana with but lew
exceptions have their entire means embarked In
the business and absolute ruin would be the con
seQu-nce if their nights were couissated without
indemnity.
Ire grants for railroads now in operation in the
City vi New-York were made TO the stage pro-
prietors chiefly, rs means OF Just indemnify de.
inanded alike by the public voice and admitted
principles Of eqGNy.
la tie act of the Legislature Of 1854, referred 10
a. before stated IL WIS expressly provided that
the stage franchises should not DO taken away with
out full compensation, aud tho proprietors were
authorized 10 consolidate ther lines and to lDc0r.
p0ra,e them IN one general company. This con
,oldaion na been effect d Ia reference TO the prin-
opal lines operated on Broadway, and the stock Ii
!. held throughout the community by mechanics
and all classe. OF citizens, forming IN many instances
tne only means OF support 10 families. Even II tne
duty were not plainly liked by law, evory CONSIDER
alton 81 public justice and private right III The judg
rnent oi your Committee, demand that the PROPOSED
u indemnify should be made.
4 Your Committee cannot elaboratelv consider ID,
q several otter objections presented IL has been ar
gueG that the Legislature cannot vadly make th,
, grant; the aIsWer to tins objection in, that tn,
Courts have decided that the Legislature can alon,
L make the grant, and the City Corporation cannot
The streets being bed IN trust by tie City only iO
puLlc purposes aud that this trust is ior the beue
Of The whole people, Of whom the Legislature is th
sovereign representative: Again, 1t Is argued tina