New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-08-14
BOARD OF COUNCILMBN.
Tbs ELEVATED hhwAY-MAyoRs VETO oS THE
- ,.---~ SANE.

The Board met at 2 o'clock 81 Monday afternoon
the President J. Wilson Green ESQ., in the chair The fol
lowing Communication Was received from tho Mayor;
MAYoRs orFIcr NEw YORK. August Il, ieo6.
GEsursEs I return. without my approval. a report Of
sundry resolutions accompanying the sS%s adoped o your
Board OF Aldermen the DAY. and Authorizing the on
YSnkers Patent Railway Co ;" and The East sid. New.
Rochelle Patent Railway Co. 10 construct elevated raiN
and avenues In the CITY Of New York IN
GLIDING Greenwchs Broadway, Bowery and the 'he Third
and Nnthayc by reference 70 said resolutions embodied
n single paper will more fully appear Ay reasons behy
Frs. doubt the power OF ne Common Council to grant
privileges conferred by these resolutions sud this doubt 10
we'd by the opinions u several legal gentlemen who
been retaned by the railway companies by the general
Railroad Act Of 1870 oil railroad companes which m.si
be Incorporated under IT, Authorized 10 construct their
road. 1cTo. any street road hshwsy &C. &C. IT. va. pro
cy without the assent Of TIE Corporation q such city,
Under this act railroads could be bnt in the City Of New
Legislature excepted New York from the pIorison' 81
S fsss'" Of isc which declared hat it should
be lawfnl operate rsio ~ up9n or
wherever such railroad cad except under
the authority and subject to the regulations which tue Los.
,ure might hsresi.sr sr'nt and provide dn ,sciGa -;
aS 50 nnr Of tbs General Rioid Law ef,Si, in lie
city q ASed and road h1' ever since been lad IL A'
city without eIpFes. L,sir as,aonI gIis,. 90
fact. Willie as thus the set passed rndcr
ySs ;ss SS9s'ns S SaS ,ar o.d. GS yoa
permission. II was passed Aprh 20 iso6 and IS called a.
Is1 n authorized the incorporation OF e.syAtrd railway
companies be propelled by stationary power anu aeefe,
that the companies organized havs all tue powers and
privileges mentioned In The aforesaid General Ksoid Act
as the same compsi in tue first 20 sections aaa e ~
10 Is the Law OF repealed hy IA ~ It would apply
10 railways. does ths act o. -5 simply s,e 70
5o.a lsy q. nodded and Affected by OF
to quite clear ha TIE Les'i,STs da no,
declared sue! intention "a eipIo,, ir,
ss o. no r.n 20 .appo ihsi the sstaH By sppas
TO elevated railroads tue prOysobs OF TIE bshes haosu
City Of hsn q her railroad companies roud have
under the same law; snd these Other eomp.as: a. aAss
stated could construct ae,s roads Ia 'aai ely except b!
express legislative authority, 49, 49,. -,
rules hold otherwise than above stated a. an tscn,e oi
icsr wouli moi Ia-a-d doing 10 view ofthe isg'
stivs action oths last sos,oa IA relation to Cay tstSid
for tue conructo OF elevated Underground and suiics
railroads in Nevyor City every one Of which gss defeated
Sslale kpd te Ssasts BY resolution appointed uoDnss
tfihrss Senator'S sct with tao Mayor o. NsvIe,I he
ar a.. d ksis /. sai .s s.a. si o, AiS
aud Orcpc. routes for railway or rail
T. sss 10 ~ love-, poraa q tho C Of SaT
ing IN view grests practical benses snd sife 10 tbs
o ssa rcnte or rsae. In view q tbs rssSoi sad Of tie
fact the Senate resctod oil eeyssd auc go,ad
T. a"a b. 'uf cs9.d tat When passed Is law "a.
der which these Companies new claim authority
intended tgtn tue whole SUBJECT over 10 hs
Council aud authorize thsn to permit the co 'rneion %
elevated raiwss upon new ana aof'sa pt9o pc xxx
not and cannot part giving chsc 10 - duie which
under Of general provision may strict construed
give especially whsa IN m! jadgnont no good i to Ie 40
comphed thoreby The Committee appointed By tie Senate
tons and ID seeking Information from TIE best sources IN
order that arrive at just conclusions and de,foui as
am mode should be spoody adopted foF the apd
transportation Of Pisengo,s from the upper TO The lover
end Of the island cannot give my ohoia approval TO any
Coumttoe oonpste aors report the result TO The
mex, Legislature he pss proposed ~ que nov nov
for the Legislature to saaeton H. Until the COMMITTEE OF
which shall examine aud H. 1t wond not
be right for ms TO give II my official approval
NId Having tsLen ms broad ground u Is perhaps unne
the resolutions brief reference to some Them however
do no harm.
Tue resolutions passed both Boards OF the Common
ell day. 1hey embrace three distinct grants Of rail
road routes to three different companies vita uSu'u and OF
traDrdlnary privileges
. Upon a raritisely and untred pau OF eonsruc
ton and operation provided that II eAperm sec
ton half mile shall declared by tho street COMMITS
tho three roads msy be constructed the
whos length Of the Iln Of New York although IT very
evident that road which might ulOl this pariur ph be
aSlccess for short distance might be failure TOT long
route
3 They provide that the first hafme shall be constructed
within months but omit declare the time "llhh which
The whole lne shah be pm IN operation . , h.,,,.,
whereas alone If any should be made and tested before
three great thorouees should be surrendered 10 Le 'o
Although the Companies are incorporated Tor operating
eslMed tauNaYh by means OF pr0pchihg iuP, "
tacAed TO stationary power and Tie report Anu i
seem TO Contemplate that particular mode the re'0u9hs 20
not provide that ~ other plan Of operation t % aope
and might we'd be In this mode shoul ih thai ai
these elevated railways erected hight Of iee above tae
street might hereafter be operated by horses OF ohe movable
power.
They provide for the payment to the CITY OF per cent OF
tue gross earnings all taxes upon oil the gross earnings 10 Dc
FIRST deducted from the mi, IS only Inadequate
but no provision made to the mode OF mnene returns to
the City Of the Of earnings whether the same
I shall be verified and IL 50 By whom.
Ihey wholly omit 70 make any regulators IN REGARD TO
same law I've cents mile and Ignoring the TACT that Tue
people are Interested IN cheap well speedy locomoon
Itey declare that tbs track shA not be less mar IA J
from the PduetA and IN view OF this elevation provide for the
erection VI draw bridges at Intervals Of mile IN order that
loaded wagons Of unusuhl hight might pass through IL 10
ee ilai ~ Jga ~ b. Gleygleg ~ LIS SS' s's1Ds' ~