The New York herald., 1870-05-05


OF the cross streets II the sail arcade plan OF
str,iction above described Is not adopted with the
50 adopted SAID COMPANY nay enclose It's railway
tracks IN subway or suDways beneath the carriage
m ana m may se oas c e and IN
the latter case there snail be no openings 9 sala
sidewalks. The engines used TO p,opel the cars
shah be made on the most approved plan, 50 as
70 preve I the emission Of smoke or ,sparks."
mind. BY Ills they may dg any depth they please;
sy iy &C. q any seS % ssS as not
Stood They may dig from house 70 1ouse any aepa @
and s anything ny SSy
che choose. g There 20 % power power is control sSsss
plan plan in IN any particular way There is no power,
the street Tor i've years The Speaker then pro.
.e ceaea % lolnt o1i WIN much ccainess the alleged
ne referred to the anomalous legislation n allowing
inc promoters to seize any real estate they chanced
to the system OF goabilng that would be pursued II
svIn snJ "l @ Were noI vetoed The bil gave them full
| seventy millions Of dolars The sscascr ably
diiaed upon ne rights Of the people as represented
passage OF the ac, " requiring by tn laws Of the
constitut Con on twothIrds vote OF the House. the
rejected on that ground The legislature hal no
right to give away ne public property OF ne STATE,
tnc tneofy OF the state was mat IL owned the pro-
ier'y. Bnt It did not own the streets nor
the city The question llad already Leen siite by
property 40 tiotta,,. ne charsc er2ed tne later.
Irence Win the sewerage VI the city dang rons
add unwiole sonle. experiment. but tho experi.
mcn'alists woud nnd themsclves mistaken before
tley sol through lie secuted the .dea tAst lie Com
perform certain duties, Tor The bin gave them ample
| power 10 resist their authority. Setter far that
broadway was torpedoel and elowa TO atoms than
|
act gave them power TO obstrlct, with ab olutc m.
puniy, for hve AMI, p9haps, ten years without any
one being able 10 iaeriere with them. Ju ge Hilton
carefully anal zel ali the sections Of the act, and
dweit with great stress upon the lact that the thir,
teenfh section provided t1at the company would
not compensate unless FOR direct inj.ry. There was
no provision ioE aEprehensiye injury. In other
words. untiI they puled the house down aDoui your
| ears they won.d ray nothing. The fourteenth Sc
ton was periec' aionaiy requiring, as !, did the
pleased, and prohibiting them from in any way
Interfering with Them and, demanding that they
structlon OF the road After exposing me defects In
the remaining sections OF the bill he alluded IN eu
passage oil the scheme by Senators Tweed, Bradley,
| Norton ana Creamer lie also comp'imened the
the country bumplins who had susta aned II. Judge
Hilton concluded by holaing up cer;ilcae OF stock
Of the company mo 2Sol stating that they must
such a high number. Ii was funny looking docu
ment, but 4 fully accounted for the means by which
the legislation was procured. The speaher resumed
his seat amid applause.
MI ospEN th.n delivered brief address in behalf
bill. lie ally poiatad out the ruiaous effects
which would necessarily result from the
to the imminent dsassr 1aaes altsndag pr'ai sne spir
| tower and tne e,lifce generally. From an
eagneer's repors 1t appears tlat the tower, the
dred ana nlney.seven feet in heigh. and nne
thousand tons weilh. should tie excavation
NOT only on bshall Of the church property
| ten how much surrounding property would so be
destroyed. BESIDES iicre was TO security II The bill
against the paraes entirely violating the law.
AReUMENTs IN FAVOR OF TIE ELL.
| Mr.. McNEEARY, Pfedcent chairman OF The East
Side Assosiati9nl, SAID ne eame there CHARGED by n
committee 10 u'qe uron TIE Co. eYnor the necessity
ior his approva Of The bin Thc association
to which lie beonged was composed of resident
owners OF property north OF filtY-n!nth street
and east OF Central Park. He nad watched the pro
gress o the BIZ Win great eal Of interest and at
nosS he ass rnsa eang % "a, committee resolution was Vas
bin. He contcnded tHat the bill, ii IL became lazy,
Fifty.nnth street he aiiuGed to the tedious modes
| OF conveyance nov IN existence and hoped the bill
Mr. WnmBrCE, CHAIRMAN o, tho West Side Associa.
ton, read the joint memorial OF the two associations
praying Tor tunnel ci some description such a
necessity, ne snblsitted was much required by The
up town resldenis OF tic west side OF the city. lie
asked mt me b. De approved nos on account Of
lts arcade features, bat because there we,s ample
PROVISIONS IN II to enable he construction OF rap Id
sasssaa asd SnS ~ ~ favor Of ,ss 6 81
tnaS the tltle was not deceptive. He rcVisYed fhe
argaments Of JndEe i,.Iton and az ac.i that the the
rsGSsso G 70 's se oil s ~ ss
thets that had been applied - The corpora
tors and proceeded 70 dlale npon the
rrncples which bad been already aayaacei lie
thought that the tal OF sioo00o0o coul easily
be increasad and rce red 10 The history OF the Hud.
son Railroad Company to supstan ia;e his propos
tion. He again an!madvers unoa the arguments Of
Judge Hilton relative 10 the authority 0. the LegsIa
tare giving away property belonging to the people
the Governor asked me Counsel u he caiinel that
| property without COMPENSATION.
Mr. NELSON SAID he won!d not answer that. He
however, that where the municipality had property
1or public use the legislature might give ]. FOR
| other public use.
Governor HoFFMAN--lf municipality own a pub.
lie park, 30 you claim that the legislature nas the
right TO take It away RON the possession OF that
Dir NELsoN-They may allow 10 for pubic use,
ana M depot ,S nor passengers is for pubic nse
far you proposed go. You claim that although
Ger. ain proper.y may BE- adopted TO public u3e the
Legislature may conver. IL TO some otaer public
Nr. NELSON argued his proposition on the ground
Of eminent DOMAIN. Counsel then proceel led 70 con-
and tnat The Legs9re hsd rshr - "1'S To- Srpiy I
property previously in public use In conclusion
counsel contended that the corporators We're not
pUbc thieves al they aad been called and that they
were liable 10 crimlial prosecution Tor non.fer.
iormance OF their dufi fies. ~ they succeeded they
would he ent tied TO the honor of having been the
first to make great reform in mucn dies red direc-
ton and If they failed they woui1 have TO bear
the loss.
Judge PORTER next addressed The court IN favor OF
the bll. lie submitted at considerable length that
this was struggle OF wealth against the moses of
the people. Heretute the insnuation thatt,cre hal
been any fraud or corruption. He sad they laA not
yet arrived ut that period Of the republic when three
hundred millions could he thrown nto the scale on
one side, while the rights OF the millions were
weighed down on the other. Cornsel also reviewed
at length the arguments of Judge Hilton, AMI said
only one oftwo projects remained. The Cny quest on
as between the projects was whether was It setter
the one shoud be adopted and carried through, or
walt until the commercial supremacy Of The country
was lost. II they looked ba X In history what did
they find in this and in oaner coantricss what was
Rome though 1t extended ITS territory, but for
the city OF Romef What England but
for the city OF London9 what would haye
France been to-day but for pafsg AItsr