New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-20
SPEECH OF WIZ. A. Il. STEWART or
NEW.HORK.
Before ne Senate conai'te, agai, 81 he Byoadpoy RAJ
Marrh II. 1867

NE
Bsfore ne Senate ConIper agai, he Byoadpoy Railroad,
March n. 1868
Mr.. CHAIRMAN AND GESTLrMKs: If there IL no
one present 10 advocate this bill-a copy Of which,
in manuscript, came into my hands only two days
since-I dcsIre to make u few remarks in opposition
TO it, My preference would have been 10 have hfst
heard some one III it's favor; but there 10 be
no disposition manif,,ted TO speak in lite behalf, l
will proceed with what have TO cay. This scheme
comes up before the Legislature without any appli-
cation in Its behalf from the continued authorities
Of the city. from the owners Of property ON the
line Of Broadway, or from occupants OF stores or,
indeed from any one whatever except the persons
named in the grant. Otber schemes gro up--one in
the lower house, smother not presened as to all OF
which allow me 20 say that the agitation Of the
subject in tie Legislature for several years past las
occ 4sioned great anxiety III the public mind pro-
ceeding from the apprehension that 1t is the value
OF tie frsncse aud not the convenience OF the trav-
cling public which is the motive Of those who seek
the grant. Believing this always to have beeu aud
still TO be the real motive of the application, and that
the grant Of such road would result in the deepest
J injury 10 Broadway and 10 the city. have ap
peaTed before Committees OF the Legislature from
year year. during these as ten years. to resist the
o. rant and 60 long have voice 10 reiie, il shall
ontlnue 10 be raIsed against go yast d scheme OF
plumber the bill seeks 10 accomplish. And TAXI
occasion at the commencement 10 warn the people Of
the State not TO confouud bill like tbis looking
alOLe TO money aud legislative job, with Il bill
! honestly designed to establish such road. There
are those undoubtedly who honestly think that "a
railroad in Broadway would be public cor venieuce
an who would be willing 10 test The question by
experiment such as oogll bs corrected, but know
OF none except tho seli-Homuated grantees of the
present bill who would dare to tie up tie hands OF
The city forever, by granting 20 IS petsons fran
chise such rs thi5 bill bestOws, Unlimited in dura
liou worth millions OF dollars and granted without
one DO ars cOnsderatiou--a bill which allows the
| City OF New.ioTk only nominal license fee for
each car; and gives 10 the city authorizes only
nominal control the road, although tho eubJ,ct
matter OF the grant concerns the best streets OF the
city and the important Franchise Of public travel
The night Of the public tbe streets Of great
and growing city should never be surrendered, and
especially 10 a set Of individuals who dlsdain to
take tho form ofa corr GRAFTON, because a corporation
contempaies future aud far distribution Of the
stock, while tbs grant Ia question ID made directly
to individuals aud their assigns. That ii will DO
assigned 10 thote Sho may be mOst iustrumCDtal IN
occurring its passage none can doubt. You will re-
member gentlemen, that broadway is great thor
Oughfare, and peculiarly situated. There IL no
street that know VI in the world hAt processes It's
principal features. Il ~ as i were, The backbone
Of the Island which the city is built. IL IL std
ated ulOn ridge, which divides the North River
from the East River, aud into It all olher streets
and avenues pour their Contributions %
travel Tho parties WHO lrst attempted
get control OF Broadway for Tie purpose OF estab
lsuIIg thereon railroad, sought it the hands Of
the Common Council Vi tic City Of New-YOrk. The
attempt was opposed by some cllizene, owners of
properly and residents On too ne OF the street, on
the ground that the Common Council Of tho CiY Of
New-Yofk had no right or power TO give away q
grant OI This delcnpIOD and upon that ground the
illegally VI the grant sustained by tho Cour;r.
IL was veil known at the time That grant made
by the Common Council, TINT the grantees lls they
N the bill pending before you, were parties very
llttle knOwL-WbOso names "cro net in tho Dircc-
tory, and who were Known only 10 very few Of q c
cit zeus Of ew-York. They wero manly friends
OF the Aldermen and AbsistaLtA esIn n Of tho City
Of NeW-YOfk u. HAT tine. That grant made by the
Common Council set aside by tho Supreme
Court, on the ground L have stated. that tho city
authoIiiies had 10 ii 9ht 10 make tuch grant aud
snce that tine the OF action has been changed
10 Albany, and OtLer parties Lave from year 10
year come forward aud have sought tho grant
az tho bands Of the Legislature. And Ducs tho
Leg tlature las beea collected 10 make this grant,
have cOntcnded that th-y have no night to give
this important franchise away, or 70 pass any Ull
without making compcusstion to owLerei aud j
mink that tho COMMITTEE on examination OF recent
decisions made by tho Court OF ppeals will tnd
ha: that point is FULLY sustained. l would refer the
Committee 10 those dcclsons in ,be case OF Car
peutsr gRt The OswegO ami Syracuse Railroad Com
pany IA. y. Y. Reports JJ5l The Court hold thai an
ejeclmeat hes III OehaiI Cf tno owner Of tho fse
u. ainst a Railroad Company seeking to appropriate
The hand IN The street IL font OF the oOwDer with
oat counpeusati0u 20 hin. Bat another, aud still
stronger case, and which has more immediate APP
lhcllIOn to ths question before you Ii, to tho legality
OF lei .ialive grant Tor broadway railroad win
out Compensation to lhOeo w1Ose properly IS injured
oy IT, lie tho case vi McAahon aud othefs agt. The
Now. York Central Railroad Company "a
n I. kepOrts, .. t6ll. In that case the
Court OF Appeal decided that where l4ud wSs
.aAeh i'r 'ho purpose o. turnpike ard afier-
"aiu "Sieled 10 railroad COZ Iany for the par |
pose o. r@ilroad the owner Of no leo miybt main
tam ~ 'essl'e actions iOg damages ng.inst the
eoHlpaLy as coHtlhuhg nuisoAcr; ana fnfiber. |
'D.t u H'e o. land for railroad lie toloAy atgs,.
en- use from the puoLc night Oh Ia,easo for grca
bighwayS were drsIgued. AQ4m. die ra,,i., ,yL.
hrst proposed TO have raiiotd IN Brosdwnt CON. !
tended, at that umc, that tuch RAILROAD void l., |
great advantage 10 the business interests ioca,od
IN mat street. basniuch Us Tie business conducted
was mainly "a retail trade, aud 1t would be an cd |
vantage 10 that trade to have travel bronvh, n
t1slai sduit,,og that il tie eaainess on Broadway