New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-04-17
THE BROADWAY RAILROAD.
VETO MESSAGE OF GOV. BENTON.

STAT. NEW -NORir, EXECUTIVE DEPARTMENT, !
ALBANY, April 10. 1871
10 Mr So0fe: respectfully return without my
approval, the hill entitled "Au act to authorize the con
stucon OF railroad in Broad way, Lexingon-aVe. and
certain other streets and avenues in the City OF New
York II proposed by this bill 20 confer upon certain
persons named therein and their assigns, authority to
construct aRd operate railroad with double single
track: commencing at tire South Fe.~F. at the OF
Whchall-st and running thence through and along
Whehallst and Broadway, with double OF single track
to the upper side OF tho BOwhnggreeVE through aud
along Broadway with double track. TO Union-square,
thence with double track the east side Of Union
square, TO and through Fourthave. TO Twenty
thirdst through and along Twenty -third-st., WITH
a double track, to Le1ingoBave.. through and
along Iexingtonave. with double track to its north
eastory termination 20 be extended to such nOrtherly
termination as fast said ypened, graded and
paved with branches therefrOm, wish double track
through and along sixteth, Seventy second aud One
hundred and tenth ss the Central Park; also connect
ing with double track in Broadwsyya the upper side
of the Bowling green to- through aud along Broadway
State and Whtehallsts with sngeor double track To
the South ferry. together with the turn
outs, switches and convenient stands fGr the prosper
working and of the said railroad the
sold routes The city has grown To- such proIr
its power and aractivencss rs seat of trade
surround every question which relates to- s expansion
and convenience with general interest To extend lis
capacity add the economy of time and
within its limits access TO the less crowded portion
of the Island are matters which should be care
fully considered. The necessity for more RAPID transit
upon wel-devscd PLAN from the lower iD She upper
part OF the island is unquest0nabe. The benefits 10
accrue not only TO the city residents hut TO ala persons
doing business this commercial metropolis are 40 APP
parent that need refer TO them 1t seems to me
plain that this bill does not meet the requirements OF the
case Owing large and constantly increasing bust
cenenng in Broadway. with an immense tr7ong OF
vehicles railroad could secure the rapid transit
or operate with that aud safety which would Justify
its construction Indeed it may well be questioned II 1t
would not contribute to yet greater delay and ndd 70 the
embarrassment confusion, and obstruction OF thatSreay
greatly crowded main artery of city travel nif bili
under consideration subject to the specific objection
that IL compels all actions relating TO. affecting or
arising under the bill. to be commenced IN the
Supreme Court OF the First judicial District. There
can be good reason why persons whose rights
may affected by this BILL or the operation OF the rnn
il authorizes should have the privilege TO bring their
actions to protect or their rights In such Judicial
districts as under the laws Of the State relating 10
ACTORS secured to suoh persons. and mot he ron
fined to the Judicial District IL Is further 0sec
ton that the consideration declared to be pfOvidH
wholly disproportonate 10 the conceded value OF the
franchise Indeed provision made FOR the payment
ntothe Treasury anyum whatever, except the same
license fee annually for each thereon. rs u now
paid by other city railroads in said city,, sum. II Is he
cved altogether too small. 10 Is not sum regulate"
according to the value OF the franchise, according To
what the city authorities may hereafter deem Just hut
the bill simply provides that the present license fee shall
be the measure OF equivalent for the valuable
privilege bestowed the grantees 10y tins sh 4
In further discussion OF this important me9'
sure and as applicable thereto. venture to renew the
suggestions my message to the Senate OF the hll I"
authorize the Of railroad IN Christopher
aud other streets and avenues III the 'liy '' WV
York"
'The important interests involved In every such eNtc
sive grant OF railroad franchise, require he n"s. &
fnl and attentive consideration. The ty oil NcN-ioh
has grown such magnitude. it, Interests are 80 9louN
and complicated that in RESPECT TO s ,d,nrd
10 the convenience OF the pubic ana Nv .ae
protect the rights Of private ndiI wi
stern public wants demand innovation. u follows oi
course that mere private interest, must yl'
are ucyerthelrss be respected aud ~ D. not perhaps
too much say. that general rule the view, oi ue
of property upon streets and avenues shonu
great weight in determining whether . given STREET
should De converted into rroadtruck Tor me iS, OF
private corporation. or preserved open anu IT, "
classes OF vehicles accordance Win tc theory p ~
fgna dedication Ia public USE ~ pci3c Iulah.u
private must give way Ia the public pcec
but il rarely happens that community thus situated ana
thus Interested, array themseycs ~ un"Aeh "lfo',"h
to just aud needed public nndertakng Ia lhe ease
under nsdcrgon petition has been prosecuted h ~
favor while large numbers Of reiuonstranccs have h
made by the owners Of property along ln' y, % Ny 10
and by other citizens residing 10 thu Guy q" NcN oh ~
fact from my Information inc 3pp1so, o it anani
nous II has been held by the court oi lhr resort 'n
the running Of - railroad upon the streets q" cry = ho
public highway II y probable thai S. ruiz , 10, ur1
]
II ~ Just IN where public thofonghiAic Is ny a
spera act to be converted 20 purposes not Originally
contemplated that provision shalt Dc niahr' a. Tar ~
practicable for the protection ~ rights wh'h may n'
directly invaded by any operation deemed tss'hlldi ~
nubr convenience At least. " has seemed 10 me thi
sone general law cOuld M safely anu udclu-A chh'th
with poDr safrguar ds protect the public placing ths
scrt Il NAV be In the hands ~ proper local nnori-
ties 10 bestow grants and franchises Of ms description
Am snch manner would the least injury 70 inul
vdua rights and fair return 10 the treasury iof the
! privilege enjoyed
In addition To the advantage to be derived from thus
referring whole question Ia the local authorities TIE
legislature would b. relieved from one o the erpeNlng
subjects that annually with power to excite ana
disturb the public deliberations.
The reasons which impeed me 10 withhold my 'gu"
tnre from the bill referred 10, operate with en" Tore 10
restrain giving approval Ia thu lhcy hHNe
been submitted to the Senate. and have received careful
consideration my conviction of their 'ondneSs
has been confirmed by the unanimous approval Of your
honorable body In view Of the sanction which these
suggestions have thus received, and the firm conviction
Of their correctness resting upon my mnd arising from
n patient reconsideration of them, well "a Tor other
reasons appropriate this BILL and to which have re-
ferred am compelled to return it for your further con-
sidcratiOn. H. t. '"N'"''
MEXICO.
THE REPORTED EXECUTION OF THE MARQUIS DE