New-York tribune., 1867-03-27
THE CROSS.TOWN VETO.
GOV. FENToNs MESSAGE.
DEPARTMEST, ALnASY, March %, 1861.

strucOn of railroad in ChrstOphers and other streets
and in the City of NewYork" 1t is proposed by
this bill to railroad corporation by the name Of
! the Cross-Town Railroad Company" and to give it
authority to Construct and operate railroad with
double single track commencing at the North River
the foot OF CstOphers and thence along that street
TO Ninthst along Ninth-st to Frstave; along First
/ ave. 10 East Tenth-st.; along East Tenth-st.
| TO the East River, and thence returning through
| East Tenthst TO West Tenth-st., ana along Vest
Tenthst. TO Westinghouse, and along Nashihg'
/ tOn-st.' TO ChristOpherstp thence TO the place
Qi beginning 1t also authorizes the corporation created
TO construct another road commencing at the foot OF
Chambers-st; along Chambers-st to James-sip; along
IamSsslp sOuths along southst to the ferry at the
TO Jamessiip; along Jafnessp to Chambersst; along
Chambers to Duauest and THENCE along Dunet 10 the
of third railroad commencing the foot Of Twenty
elgth-st, North River and along Twentyeighth-st TO
along Thirty-fourth-st. TO Frstaved thence return
ing through Thirty-fourth-st. 10 secondave.;
Twenty-nintSSt Ten to Nnth-ave; along Yinthave. to
North R1er have S been % thus particular in referring
the scope the bill in respect to the territory which the
in order to ca attention TO the fact that the franchise
granted of very great magnitude ana that grave con
bill should become law. Without considering the i'm
portan interests to be affected by the proposed enact
ment, or the objections that are urged against egu9n m
of this character, should ieel e9nstItneu ,l 10
groInd that L is in conflict with article three section
sixteen of the Constitution, which provides that no pr
shall embrace than subject, aud shall be ex
pressed in the title, AS understand the provisions OF
the bill under consideration II provides for the construc
ton of three distinct lines of railroad, In no way con
nected with each other and therefore, would seem 70
Constitutions for hardly be claimed that three dis
unGt TaroadS are one anu 1ne same sddtnG e This
| the sixth section - OF the act authorizes the
st. line of stages, change their route To allow
them to run up Avenue G., two blocks to Tweith.st:i
TO connect with the old line Of Egthst This provision
is obviously different subject than the construction OF
railroad, and for this the bill Is obnoxious 70 the
section of the Constitution to which have referred;
Doubtless the policy In combining the contents OF local
private bill 10 one subject was to prevent computation
OF diverse interests also that the title OF the bill must
express the object obviously to attract the attention
Of all persons Interested the proposed measure 10 the
that any objections which might be deemed enahle,
thus prevent the inficton Of an injury TO the
nights scot Gt any py9G pT cr elo t6a or tbe e te Of this
bill does not, IN any essential degree disclose OF
indicate the character OF its provisions. 1t purportS to
bo An act to authorize the construction OF railroad in
Christoperst and other streets and avenues OF the CITY
of NewYork" it coufcrs authority TO construct at
least three railroads. and for the transfer OF ine OF
stages from the streets they now pass over To others N
which they have hitherto possessed no rights II this Dill
sustained, It would he equally valid II II author
lied the construction Sf T'aa IN eyek Tsg dse ao t
what objections may exist To the transfer 9 me
Of qs' aS S@ TeH'G asd tt 4y'"%i quite PoSa5
that person Immediately interested III those
Certainly the title the bill does convey the slightest
intimation that It was the purpose to interfere with any
title would any Of the residents or owners OF property on
Nintb-st. Tentls Westinghouse Duane-st., Chambers
ST. Twenty-eighh Twenty ty-nnth, aud the other streets
aud named M the bllnOt including Christopher
s-have any definite understanding that II was the pr
pose to construct railroad over those particular
thOrOughfares am clearly OF the opinion that regard
ing my constitutional duty should not approve Of this
bill for the already assigned. cannot, however
omit to mention some other features 0i TINS D WHICH, III
my judgment. are open To grave objections Ihetc
Is no provision iiNing ihe amount 4 o,r,cnt % .ns
Of any capital stock nor for the duration OF me coPor
alton. The company Is not REQUIRED before comhehcns
operations 10 raise 81 OF money or give any evidence
whae that Is is intended IN good faith To construcand
operate the road There is, Therefore no provisions
of those who may sustain any injury by It's operations
and there is personal liability upon Its c0rp3rators OF
cOnfcrung franchise so important and EXTENSIVE ana
granting power exercise the right Of eminent domain
should contain provision FOR the security aud pro
lection o creditors II Il did not seem practicable TO
Sg 10 PO'BSe BE m raa.oa 5c The GSS TS % Of the
road. II win not be inferred that question me
great pecunary value Of the franchise proposed To be
granted IT. value however, does not obvAie the ipo
OF guarding enacmcnts OF this character with all
the restrictions ana conditions whien mr. n nnhc
deemed essential 20 the protection OF the puphc
former message reiatiug to New-York city railroad
grants referred 10 their admitted value ana suGssu
that the public treasury should therefore be benefited uy
the gains accruing from these giIts; II uls opsot II
sought 10 be carried ont IN the Oil uhaer % ,
must think the provision very Indefinite ana possibly
wholly Inadequate " And said Company snail pay ilNc
per cent of the net receipts of the Company to the
the second section II the purpose hnd scope o, % & re
qurcment should be understood by anybody, me un.
for payment the manner, and under what form form oi
any thing contained IN the bll The various proHsons
confer very powers upon The corporation IN
purposes Of tie Company, aud the restrictions IN the
bin very few. It h true that the second section u
lects that the running OF roads shall be subject 10 sucH
reasonable rules and regulations the Common Coic
OF the City of Ncw-Nork may from time 10 time
prescribe; but the fourth section pcfpetualy en-
Joins the corporation OF the city ron mlO"ihhg
any other railroad TO be constructed upon % ths In,
10 hinder delay ohstrqe the construction OF opeTon
Of said railroads Furthermore the Slty Corpornoh
commanded to give It's aid TO the Railroad COMPANY TO
promote the construction ana protect the operation Oh
thereof shall be void cannot doubt that the provisions
this section confer upon the Railroad Company the en-
rc control of tho streets and avenues named nj least
during the construction OF the road, and the Corporation
the city Is forbidden 10 do anything tlht sh interfere
with or impede their operations Ia fact, tne ooroia
tou Of the city Is excluded from all police government
i'm anv way impede the operations of the
OF those having peculiar interests IN thehl, anu
the citizcus generally are left as II appears to me- with
out adequate protection against the possible annoyaces
OF the and conduct o those who, II may De- are sum
ulated 10 an equal greater degree by the hope ot PR
vate gam than discharge of public duty, ana who
may all be entirely careful 10 respect anu
nrotect Interests which NAV come in collision with their
own The important interests involved I'm every such
extensive grant OF railroad franchise require the most
careful and attentive consideration. The city OF New
York has grown such magnitude, its interests are so
and complicated, that IN respect 10 us streets ahu
/ avenues it is not easy to what policy Is the
/ best adapted to subservo the convenience OF
the public, and at the same time protect me
c wants demand innovation follows OF course, that
private interests must yield Yet they are never
teess DE respected; and II perhaps not too muc
TO say that general rule the views of the owners Of
property upon streets and avenues should have great
converted into railroad track for the use OF private
corporation preserved open and free to all classes OF
vehicles, in accordance with the theory OF ts orglh
dedication TO public As before remarked, private
interests give away TO the public necessities but
rarely happens that community thus situated ana
thus Interested themselves I'm unbrOken opposition
TO just and needed public undertaking. In the
under consideration, no petition has been pre-
sentcd in its favor while large numbers OF Inconsistencies