New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-16
THE ARCADE RAILROAD.


incorrorate the NewYOrk Arcade Railway and to pro-
vide for the construction Of subsurface railway In the
CITY Of NewYork." After making careful analysis Oh
the provisions Of the bill the Governor continues;
have been thus particular in analy ng and describing
the bill now before me- because it is necessary TO the iu
comprehenson OF its character and because the state
ent o. ifs provisions seems TO be equivalent 10 an
argument cannot permit the bill 10 become law. l.
therefore send it TO the Office of the Secretary OF Stae
without my signature II is my practice TO briefly ASSN
my reasons aud give them 10 me pnoic, so,n
bills which reach my hands after the adjournment o. one
10 I've submitted TO and passed upon by the Leg ~
hut sufficiently SO TO convey 70 II tle his course
s. proer 20 ste that il l. now represented by counsel
and Ser. mar he arcade plan the road will probably
az necessity ne abandoned and the road be Constructed
proyisoGs Of this bill are it is claimed sufficiently com
Irclensye II must De borne IN ln!G Low aT T tu
thc corporation is named the Afcaue latll"al Nm
pan," Tie only DIES .:ipon Of tine road IN the ~ Is
ss"i c Is" I I3 upon Arcade RailroSd" only
minor and TnmISr Kan ee.S ro " ra To to
define the precise plan except by the hghlycoorq Pc
lures pus which have been exhibited 70 the i"Gs-
l9ure aud the Executive. A. the Arcade Road IL mas
been discussed considered, and apande3 as posSu9Sns
n GOt the cons e T of such
a work. and cannot be expected to approve II uLOh
I',r mo- defined or described in the bnf will probably
be built. Ny objections among Others are these: A.,
exrrrirncrt Slilfni engineers differ widely I'm their
Judgment Of il; some maintaining II 70 be pt1e 1caoe'
moya Of the present payenents OF Brgadway ano {he
other streets ncudGi m the grant, ana he opeas Oh
great trench Aloa-f tLsL' VII o lllt va - -
on width of Tie alton, may eNdanGr the safety OF
the rotr Damage may be done by the Company i'm their
orerltiou, FOR only short distance FOR which they
The pavement or sIeet-way that TO he sustained upon
mon coumus may or may not prove to be sufficient 10
withstand the shocks and burden OF the constant ana
heavy travel over IT, In case this part OF TIE eNperl-
1n.t falls provision made Cor restoring the streets
Hir If
pncticabe.
Second. The vaults on Broadway, constructed by pri-
vat. grantees thereof ~ great expense and neces-
,ary their business 10 De taken without compeus-
ton owners OF property on other portions 81 the route
WHO have vaults. ana do not require any shall 50 de-
Tii-d. The excavation under whatever restrictions,
would interrupt business ard travel on Broadway, the
continued Tree Use of which great thoroughare is i'm
puItau the commerce Of the whole country No limit
j. imposed upon the period for which the company may
interrupt travel on Broadway On the other streets the
bill provinces that travel shall moi De interrupted beyond
REASONABLE tine; which would be construed TO mean
% ig NJ nave on Erogdway as well as the
Other STIR e. than reasonable time hut the
I'm was amended in Is progress 30 asst leave out road
Fourth The project takes away six feet from the
present width OF an the sidewalks IN broadway which
PIE The space taken both sides Of the streets 10
be eit opeu ard connections with The lower sidewalks
10 DE established at so many points as the company
may determine This open space would he more or less
obstruction to business with every store or other
building along the route; 10 say nothing of the annoy
which woud probably result to both the occupant,
AVN '4N.
5. H. ne ccstriction Of this work the whole sys-
ton .f sewerage along the route must necessarily be
greatly dcrlused. The lowering of the sewers in and
all connecting sewers. entanc an expense difficult 10
calculate and possible damage not to he estimated
The perTuttcd TO deprive the people
along the route Of the proposed work for period OF
which no limit Is placed except that 1t shall be
reasonable OF me use OF gas water ana me sewers con
Venicuces absolutely essential 20 their daily comfort
fires may be cut OF for tme 10 the possible loss of
property greater in amount than the whole capital OF
l..
time named in the bl which the Company may stop
the use OF cas and water would be claimed 10 mean
Tonga. the work Of the Company made such stoppage
necessary and 10 stu more obvious that II me supply
bcracticaly at the mercy Of the Company in this re-
spo Tor long time and without mime nate or eiectual
IneA, would ~ powercss u ahoid reei Tor II Is eY-
preSsy forbidden 10y section OF the hl 10 permit
any thing 10 he done which shall enbalIass the operations
St"ea& Thc lin proposes to surrender large portion
Of the Batter for surface or open c4l iai% ", T.,
rra.citi.c special rule of estimating damages com
pehaUon when uch property IS 70 e taken for the pr-
iSot cfbshe In All other eases E in eject this That
tte nay he acquired 10y the company TO valuable lot
of ground on Broadway against the VII OF 'he owner,
and instead OF paving for the same the company may
offset tie benefit which 1t may AIM VII 4cGIne TO me
property o. the upper part OF FoEflha'e btlonshS 10
tie Same owner - reason OF the Increased c0lnuulca-
IL is claimed that the hin does not establish such
rule. quote its language; In proceedings to ascertain
The va uc property taken &c, the question of benefit
sA; be considered, and when SHAH appear that the
ton Of said road viii enhance the value OF te
property the person claiming damages 70 an amount
greater than tire amount of injury sustained, &C., the
claimant shall not he entitled TO recover more than
nominal damages" The enhanced value Of the property
of thc person dining damages cannot Of course refer
the property taken hut must Of necessity refer 10 pro-
perry other portion Of the road Notwithstand,
~, 90 ~ +. ne frtys fro,n the Inuqr mart of tb.
city tie Company is under 10 obligation 10 build It's road
mp FoIrthaNc. at all IL may II choose 10 DO So con-
its operations TO Broadway between the Battery and
Fourcc list or 90 less distance TIC bill provides that
failure .ruct portion Of the road shall not
worn forfeiture Of the franchise in respect of any sec
ton which may have been commenced.
Ninth: The language used for the protection OF the
present sidewalks, and elsewhere in the bil Is loose
Tc,tl proper power OF supervision Is not given to
the Commissioner Of Public Works except for the limited
Eicrctb: Til" Company authorized to take posses
Of an ti portion Of broadway which is below wall
original corrraor, named in the hill empowered to
gu their prC at any time 10 others, they may
IL u through tie eucy oil SpOusblc parties, and
IIclHuiuafy experiment and do ineparable injury
p9Ivfr .,~ .hiS hin. wholly 0ue-Sided Everything Is
a1yen 20 the COMMUNICATING required in return. No
competed 80 actually afford TO the public the fac
ities Tor navel whole length OF the island which
great IiiylIeecs The time is, indeed, limited
10 Fix year and six months within when
10 finish then WORK; nut u is aS9 prov I t nay
construct any small ~tc'on ot ana leiNo az tnc ~
uIduuc aud Sc. their Franchise shall not be forfeited as
may. thus, reap Agh profits RON sIi ana tnt mos
valuable portion ~ the route, ana leave the great mass
q the pubic wholly uupoyided for.
TEirentt Tic bin authorizes this Company TO take
portions ~ D." BATTERY, bOwngsTCei, Inc Clty nan
which ~, NC n'ieil! OF the ny. "itno1l coilI'nsa t
hon IL claimed that except III the Battery no part
hot !. Of Tbc
examination %. me .h shows thdt tS u ot 81. u,
COMPANY take in any of the public parks space OF
ting thew ran 'y, aHd Io4 latlOiin- Htai. way i' m
depot. and h..dlng and Tor proper communication ne
tween lie sa"e Ia no Ge - Inc UiS Tins emnied
rive away city property 70 private corPoIauon the