The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-27
T H E v E O.
Tho Cross-Town Christ opher Street Rail-
road Bill Returned to the Legislature with
the Governors Objections.
STATE OF NEW YORK, EXECUTIVE DEPARTMENT
ALBANY. March 20. 1897.

the Governors Objections.
STATE OF NEW YORK, EXECUTIVE DEPARTMENT.
Albany, March 90 1857. !
herewith return, without my approval, the bill en-.
titled San authorize the construction of railroad
in Christopher street and other and avenues in
the city Of New York -
is proposed by this bill to create railroad corpora
ton by name Of the "Crosstown Railroad Company
and to give authority to construct and operate railroad
With double single track commencing at the North
river The foot Of Christopher street, and thence along
that street to Ninth street along Ninth street First
nue. along First to East Tenth street, along Eas
Tenth street to the East river and thence returning
through East Tenth TO West Tenth street. and
along West Tenth Warrington street, and along
washington Christopher street. thence che
place Of beginning.
It also authorizes the corporation created 10 construct
another road mencing the foot of Duane street.
North river and running through West street Cham.
bcrs street; along Chambers street to James Slip along
James slip to South street; along South street TO the
ferry at tho foot OF Catherine street, thence returning
through South street to James Slip along James slip 70
Chambers street, along Chambers to Duane street, and
thence along Duane street to the North river.
The bill also provides for the construction Of third
North river and along Twenty street 70 Second
avenue along Second avenue 20 Thrty.fourth street,
turning shoush Thirty fourth stree. to Second Avenue
along Second avenue TO Twenty.nnth street; along
Twenty ninth street 70 Ninth avenue; along Ninth
nue. TO Twenth eighth street. and along Twenty eighth
street to the North river
have been thus particular in referring to the scope
ton is empowered to appropriate TO its use, In
order TO call attention to the fact that the franchise
sderatons are involved in the question whether such
bill should become law.
withou. c0psiderns the importaht interests to Be
that urged against legislation OF this character
should feel constrained to withhold my assent from the
bill upon the ground that It lie in conflict with article
three section sixteen Of the constitution, which pro-
vdes that mo private or local bill which be passed
by the Legislature shall embrace than subject
and shall be expressed In the title"
As understand the provisions OF the bill under
sdcraton 1t provides for tho construction Of three DIS
tnct lines OF railroad In no way connected with each
other, and therefore would seem TO embrace three sub
jec,s instead Of as epjoncd by the constitutions for
hardly be claimed that three distinct railroads
and the same thing, even owned BY one corpora
tion.
lies the poprietors OF the Tenth street. Broadway and
Eighth street line Of stages to change their route
allow them TO run up avenue two blocks to Twelfth
street. through Twelfth street TO Broadway and through
Broadway 10 connect with the old line OF Eighth street.
This provision is obviously different subject than the
construction OF railroad, and for this the bill
obnoxious to the section OF the constitution TO which
have referred.
Doubtless the policy in combining the contents Of local
or private bill to subject to prevent combination
OF diverse interests also that the title Of the bill must
express the object, was obviously to attract the
measure TO the end that any objections which might DO
deemed tenabe, could be made known to the Legisla-
ture and thus prevent the nicton Of injury TO the
rights of any private party or 70 the interests of any
locality.
in any essential degree disclose indicate tho char
acter OF its provisions IL purports to be An act to
authorize the construction Of railroad in Christopher
and other streets and OF the city OF New
York." and II confers authority TO construct at least
three railroads. and for the transfer Of line
Of stages from the streets they now pass
over to others which they have hitherto possessed
no rights IL this bill can be sustained IL would be
equally valid If 1t authorized the construction OF rail-
road In every street and avenue In the city Of New
York. II Is hardly possible 10 sec what objections may
exist to the transfer Of line Of stages from Tenth street
TO avenue 9, Twelfth street and Broadway, and IL
quite probable that person Immediately Interested In
those streets had notice Of this intended enactment
Certainly the title Of the bill does not convey the slight
est inumston that the purpose interfere with
any Of the established stage routes in the city. Nor
from the title would any Of the residents or owners Of
street, Duane street. Chambers street. Twenty eighth,
Twenty ninth and the other streets and named
definite understanding that II the purpose
sruct railroad over those particular thoroughfarcs
t,onai duty, should not approve OF this bi for the
reasons already assigned.
cannot, however omit to mention some other fea-
lures Of this bil which, In my Judgment are open 70
grave obections
There Is provision fixing the amount Of the capital
stock TO be issued, for the payment In OF any capital
stock for the duration OF the corporation The COM
pany 10 not required before commencing operations 70
ever that Il is intended n GOOD ss 70 constructs and
operate tho road There is therefore no provision al
fordng any security for the creditors Of the company or
TO those VINO may sustain any injury by It's operations
and there ia personal liability upon It's corpoators or
stockholders II would TO bio reasonable that an
comforting franchise important and extensive,
and granting power exercise the rRht OF eminent do
man should contain some provision for the security and
protection OF creditors even II IL did not seem pract
cable provide In respect to those who may sustain
injury by reason of the construction OF the road
IL will not inferred that question the great pccu
franr q
value, however, does not obvia'e the importance Of
guarding enacments Of this character with all the
restrictions and conditions which usually deemed
essential 10 the protection Of the public interests and
the rights OF the Individual citizen In former
save relating to New York city railroad grants referred
10 their admitted value, and suggested that the public
treasury should therefore be benefited by the gains
sccruing from these gis II this object sought 10 be
carried out in the bill under consideration, I must
think the provision very indefinite and possibly wholly
inadequate.
aAnd said company shall pay Eve per cent OF the net
receipts OF the company 10 the city for each car
thereon the language OF tho second section II the
purpose and scope OF this requirement should under
stood By anybody the time FOR payment the manner,