The New York herald., 1870-05-16

pected to approve It upon mere assurance that
suosurace road, upon different plan nos , aenned
or described in the Dill. wiz pronapiy ne Dul'.
My objections, among others, are these:-
Enst--Ihe sO-called arcade plan IS new and I'M
| tried experiment. Skilfu engineers diner widely
in their Judgment Of t; some maintaining 1t to be
practicable, but Others condemnlng u Us visionary
Brosdway ana the oner streets Included In the grant
ana the opening oI great trench through them,
with no limit upon the depth or width OF the exca-
vati0n may endanger the safety OF every building
Broadway and the other streets along the route.
Damage may be done by the company In their oper-
not compensate and which might be rreparable.
Tue pavement or stree.way that Is to be susta ned
upon IRON columns may or may not prove to be suf-
constant and heavy travel over It, In case this part
OF The experiment fails, no provision il made for
restoring tne streets TO their present condition. even
II Inis restoration were practicable.
Secona-lne vaults on broadway, constructed by
prlvate grantees thereof at great expense, and now
ecessary 70 ther business, are to be taken without
compensation, II Ownersiof property on other por-
ons OF the route who have no vaults and do not re-
qulrc any, shall so decide.
1NHu--The excavation, under whatever restric.
uos wouid interrupt business and travel on Broad
way, the continued free OF which great thorough
iilre ~ Important TO the commerce Of the whole
country. NO limit Is imposed upon the period FOR
winch the company may Interrupt travel on Bread
way. On the other streets the bill provides that
travel snail not be interrupted beyond reasonable
time; which would be Construed to mean whatever
lime Is necessary for the construction OF this work
rue printed bll as originally Introduced, forbade
the interruption Of travel on Broadway as well as
the other streets for more Than reasonable time
put the ol was amended In It's progress so as to
leave out Broadway
FouTth-The project takes away six feet from the
present width oI all the sidewalks in Broadway,
which are not wide enough now for the convenience
oi the people Tue space so taken on both sides OF
the streets is TO be left open, and connections with
te lower sidewalks are to be established at so many
points as Inc company may determine. This open
space would be more or less obstruction TO busl
ness with every store or other building along the
route, 10 say nothing OF the annoyance which would
probably result both the occupants OF the build
lngs and 10 passcrs-by from the smoke and exhaa-
tons rising through 10.
F<ftl--ln the construction OF this work the whole
system OF sewerage along the route must necessarily
be greatly dcranged The lowering oil the sewers in
and near Broadway would render necessary the low
ering OF all connecting sewers, entaiIing expense
difficult TO calculate and possible damage not TO be
SixM-The company liz permitted to deprive the
people along the route OF the proposed work, Tor
period OF time on which no limit is placed except
that IL shall be reasonable, OF the OF gas water
and the sewers convenlences absolutely essential to
their daily comfort The supply OF water necessary
TO the eXtlnguishnent OF fires may also be Cut OF for
ttne 10 the possible loss OF property greater In
amount than the whole capital Of the Arcade Com
pany It Is obvious that the reasonable time, named
III the BILL for which the company may stop the use
of gas and water, would be claimed 10 mean SO long
as the work Of The company made such stoppage
necessary; and IL is st more obvious that II the
supply OF gas and water were once cut OF the people
would be, practically, at the mercy OF the company
IN this respect for long time and without Imme-
diate or eteCuual remedy; while the city govern
ment in all Its departments would be poyeriess to
allorG relief for IL Is expressly forbidden by one
section OF The bill, TO permit anything to be done
which Shaf emDafrasS the operations OF the COM
pany.
.s6oenfh-The bill proposes to surrender o large
portion of the Battery for surface or open Cut rai
way.
Etgath-The bill violates private rights OF property
in prescribing special rule OF estimating damages
or compensation when such property Is TO be taken
for the purposes OF the company, which special rule
varying from that established ali other cases. is
in effect this: that title may be acquired by the
to "A valuable lot of ground Rrna
against the Will OF The owner and instead OF paving
for the same the company may offset the benefit
which, IL may claim, wil accrue to properly ON Tn
upper part oil Fourth avenue belonging to the same
owner, by reason OF the increased communications
the road win open 1t is claimed that the bill does not
establish such rule. quote It's language pro-
ceedngs to ascertain the value OF the property taken
&C., the question OF benefit shall be considered, and
when 1t shall appear that the construction OF the
said road will enhance the value OF the property Of
the person claiming damages 10 an amount greater
than the amount OF injury sustained, &c, the claim
ant shall not be entitled TO recover more than nom-
nal damages" The enhanced value Of the property
OF the person claiming damages cannot oil course re-
fer TO the properly taken but must OF necessity re-
fer to property on some other portion OF the road.
Notwithstanding this rule OF assessment and Inc
great promise held out OF facilitating the travel from
The upper part Of the city, the company is under no
obligation to build its road up Fourth avenue at all.
1t may Ii 1t choose SO TO do confe Its operations
Broadway between the Battery and Fourteenth
street, to less distance. The bii provides that
failure TO construct portion Of the road shall not
work forfeiture of the franchise In respect of any
section which may have been commenced.
NtlsIe-The language used for the protection OF
the present sidewalks, and elsewhere In the bi is
loose and careless on else purposey deusive and de-
ceptlve.
ze,Dn-A proper power of supervision is not given
to the Commissioner OF Public Works; except Tor the
limited portion OF me work below Fourteenth street.
EeUe7lth-The company ls authorized to take Dos
session OF all that portion Of Broadway which is be-
low Wan street before dollar OF capital is SUD-
scrbed and as the original corporators named In
the bill are empowered TO assign their privileges at
any time to others, they may take possession or this
nor n Iva nm thr.,un tbn
agency OF irresponsible parties and preliminary
experiment ami do rreparabe injury.
TJCelrlt-The contract between the State and the
company is by this bill wholly one-sidej. Every
thing ~ given 10 the company; nOihmg required in
return No guarantee or security is provided that
the work shall be completed actually to afford
to the public the facilities for travel for the whole
length OF the island. which IS The consideration for
Tie grant OF their great privileges The time is in
deed limited to SIX years and six months within
which to finish their work; but Ii is also provided
that they may construct any small section OF il and
leave all the rest undone and yet their franchise
shall not be forfeited as to the small portion they
may have chosen " build. They may thus reap hgn
profits rom small and the most valuable portion
OF the route and leave the great mas, Of the public
wholly unproyided for.
ThiTteenth--The bill authorizes this company to
take portions OF tue Battery, Bowling Green, Tie
CITY Han Park, Union square, Madison square, and
central Park, wnlch are the properly or the city
without compensation. lis claimed rnat, except Ia
The Battery, part OF the surface OF these public
grounds Is TO be taken. An examination OF the bill
shows that this Is not so. The coapany may take in
100 IN length Tor conStruc ing and operating tneir
railway anu Tor Platforms stairWayS, station depOts
and buildings, and Tor proper communication be-
tween the same in no case Is the city TO receive
any compensation for Its properly. Having thus
attempted 10 give away CITY property to private cor
p0faton, the b by section H. III effect enjons the
authorities OF the city, from any attempt to defend
its property and rights.
Tie public parks and and other property of the
city are pledged for the payment VI the city debt
ana for this and other reasons, deny the right OF
the Legislature TO take any sucn properly and give
IL TO private corporation, under the plea that being
now devoted TO one puoc use, II may be devoted to
the purposes OF this company as being for another
public use II 1t is competent for the Legislature
do so In this instance, then II may some day give
away TO the street raiiways oil New YORK City, for
depots and stables, the City Hail Park, Union and
Madison squares ana such portions vi the Park as
may be deemed necessary, and this BILL II passed
nto a law, would be taken as precedent for SO
doing. A portion OF the Battery was ceded by ad-
joining owners to the city for the purposes OF pub
lie place, and Tor no otner. The city tsef cannot
convey this portion without quit claim rom these
grantOrs, and yet this company is authorized TO ap
propriate this property to It's own use. Tine pro-
perry OF the city proposed by this bill to be
practically conlscated for the benefit OIL this COM
pany s estimated to be worth between Six and
and seven millions of QOllars and the application