The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-27
N remain .nesplaiaea ~ anything contained ia ms

sun FoMain sneAPaa'a oy anything contained IN the
Ihe various provisions confer very extensive poysrs
upon the corporation in respect entering uron streets
and taking property for the purposes Of The company
and The restrictions in the Dill very few II y true
that the second section directs that the running roads
shall be subject such reasonable rules REGULATIONS
as the Common Council OF the city OF New York mar
from time time prescribe; but the fourth per-
peuay enoins the corporation OF the city from allowing
auy other railroad be constructed upon the streets
and avenues named, "0r from dong any other act To
hinder delay or obsruct the construction or operation
Of said raroadsn Furthermore, the city corporation
is commanded 10 give its aid 70 the railroad company.
70 promote the construction and protect the operation
OF said railroads and any act thing done 10 VIOLATION
thereof shall be void cannot doubt that the provs-
ions Of this section confer upon the railroad company
during the construction OF the road and the cor
poraton OF the city rs forbidden to do anything thas
the corporation Of the city is excluded nom all police
the Streets II shall interfere win or
In any way impede the operations Of the COMPANY.
peculiar interests them. and the citizens gensray.
le appears TO me, without adequate psotectio.
against the possible annoyances Of the acts and conduct
Of those Who may be- stimulated TO equal OF
greater degree by the hope Of private gain than the dis
charge OF public duty, and who may not at all times
entirely respect and protect interests which
may come in collision with their own
The important interests involved in every such extern
sve grant Of railroad franchise require the most care
full aud attentive consideration.
The city of New York has grown 10 such magnitude.
Its interests various and complicated that In re
spect TO its streets and avenues il s not easy to SEQ
what policy s the best adapted to subserve the oon-
rights Of private individuals, when stern public wants
demand innovation II follows, OF course that moro
private interests must yield. Yet they are Dcverh0
less TO he respected and is perhaps not too much To
say, that, general rule the views OF the owners
Of property upon streets and avenues shoula have
great weight in determining whether given
street should be converted Into q railroad track
for the OF private corporation preserved open
and free to all classes OF vehicles accordance with the
theory Of its original dedication to public A. before
remarked private interests must give way TO tie public
necessities but IL rarely happens that community thus
situated and thus interested array Themselves IN on-
broken opposition TO just and needed public undertake
ing In the under consideration no petition has
been presented in its favor while large NUMBERS OF re-
monrances have been made by tho OF property
in tho city Of New York. In fact. from my informa
on the oppos ton along the streets and avenues desig
mated in the bill Is almost unanimous.
II been held by the court OF last resort tnas the
running of railroad upon the streets OF city Is net use
oft contemplated when originally dedicated as public
applicable the city of New York; but regard Il ~
just in where public thoroughare is by special
act be erted TO purposes not originally contem
plated that provision shall be made far as practi-
cable, for the protection of rights which may
be directly invaded by any operation deemed
seemed to me that some general law could
he safely udciousy enacted with proper safeguards
10 protect the public, placing this subject II may DO, In
the hands Of proper local authorities, 70 bestow grants
vond the least injury to individual rights and
fair return 70 the treasury for the privilege enjoyed
always regret 10 be obliged to dider with the Legs.
laure; but apon careful examination DO not hno tnss
the bill before Is framed upon the general princpios
have Indicated, indeed that particular attention has
thereoe respectfully return the bill for your further
consideration r E. FENTON.