The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-05-16

RESTORATION WIRE PRACTICABLE
sc.ar--Thr vaults on Broadway, constructed by
trN.tr- ntrcs thereof at great expense, and now
ae,r.siy 10 their business, are to be taken without
cor rcnsauon, II owners of property on other por-
t1n- tie route who have no vaults, and DO not
r,gritc any snail 50 decide.
Ihrd-ltc excavations, under whatever restric.
Hons Womb Interrupt business and travel on
Braiway, he continued free use Of which great
ihtru-lf II important TO the commerce OF the
NLoc country No limit is imposed upon the period
i,r s. ch Tie company may interrupt travel on
~ 90 vel -hall not he Interrupted beyond reason.
fh' unc, which would be construed TO mean What.
vyO The printed bill, ms originally introduced,
forbade tle Interruption OF travel on Broadway as
&c az otier streets for more than a reasonable
tire, tut INC hill was amended in its progress so
.. 90
LEAVE orr BROADWAY.
Fo1rth-The project takes way six feet nos; the
present. width of all the sidewalks in Broadway,
with are not wide enough now for the convenience
o 'nc reoplc. 4 he space taken on both sides OF
~ -Nett~is to he lett open ard connections with the
low cr sidewalks arc to be established at so many
t,uts as the Company may determine. This opca
>, .cc would he more or less an obstruction to bnsi.
~ Win every store or other building along the
foute. 10 say nothing OF the annoyance which woud
probably result to both the occupants OF the build
mas and to passers-by from the smoke and ezhaa-
ions rising through ~.
Filth the construction OF this work the whole
system of sewerage along the route must neccssi-
riy be greatly dcTnnged. The lowering OF the
70 aud near broadway would render necessary the
lowering OF al connecting sewers, entaiiing an ex.
penGo dincult TO calculate and possible
DAMAGE NOT TO M ESTIMATED.
sTTilLIhe comrany Is permitted to deprive the
period Of time on which no limit is placed except
uht Il shal be reasonable, OF The use OF gas water.
TO their daily comfort. The supply of water neces
ssfy to the extnguishmcut OF fires my also be cnt
Oh for time, TO the possible loss OF property
greater IN amount than the wrviy capital OF the
Arcade company. II Is obvious that the reasonable
tmc, named In the bill for which tho company NAV
sci we use OF gas and water, would be claimed to
mean 80 long as tie work Of the company made
such Onpage necessary; and IL Is stil more obvious
th.I u the supply OF gas and water were once cut
on the people would be practically
AT The MERCY OF THs COMPANY
IN this respect for long time, aud without imme.
date or enectual remedy; while the city govern
ment, In all Its departments, would be poweriess 70
s snSIS reo Tor 5 Is expressly forbidden by one
which shall embarrass the operations of the COM
pany
portion Of the Battery for surface open cut rail-
EiehthThe bill violates private rights OF property
IN prescribing special rule OF estimating damages
or oompensaon when such property is to be taken
or we PURPOSES o. the company, which special rule
In effect. this that title may be acquired by the
company to valuable lot OF ground on Broadway
AGAINST THE WILL OF THE OWNER,
md instead Of paying for the the company may
Offset the it NAV claim will accrue 10 pro
perry on the upper part OF Fourth avenue belonging
to the same owner by reason OF the increased com
munications the road will open.
II is claimed that the bill does not establish such
true. quote Its language:
" taken &C. Tie question OF beneft shS he copsSrred
,nd wssn ,nS aprsar mat the contraction o. Tho
Sam III 20 an AMOUNT greater than
not Be- entitled to recover more than nominal dam
The enhanced value OF the property OF the rerson
claiming damages cannot Of course refer 10 Inc
pronertv taken, hut must OF necessity refer to
property on some other portion Of the road Mo-.
Nulsant lrg tlis RUE o. assessment and the great
promise held ont Of facilitating the travel from the
Ter par =, o. We CITY, the company Is under no
Nmay. II 1t ooses so to do, connne It's operations
TO Fro.dway. between the Battery and Fourteenth
street, or to less distance. The bill provides
uat failure to construct one portion OF the road
Nall not work forfeiture OF the franchise in
respect of any section which may have been com
.,Nu,h-Thc languarc used for the protection 81
Tie Wtsth. sidewalks, and elsewhere ia the bill, is
LOOSE AND CARELESS,
or else rurroselv delusive and deceptive
Tent y proper power OF supervision Is not given
% tie Commissioner Of Pebble Works. except FOR
ue limited portion OF the work below Fourteenth
Revcnth--Tle Company Is authorized to take nos.
session II all That portion OF Broadway which is be.
NN Hi street before one dollar Of capital Is sub
sdlttl and us the original corporators named In
TIE li are cmpoW cred to assign their privileges NJ
~! une 10 Others they may take possession OF this
pr Of Broadway and break it up, through tho
sgeucv Of irresponsible partics, and as preliminary
experiment, and do irrplArnble iflury
I've tl-lbe contract between the State and the
company ir, by tins ill,
WHOLLY OHE-sIDED.
Everything IL given to the company: nothing roquir
ed IN return No guarantee or security Is provided
lord the public the facilities for travel for the whole
length OF ne island, which Is the consideration for
deed, limited To six wears aud six months within
which to finish their work hut It Is al,o provided
mat they may construct any small section OF IL and
leave a the rest undone, and yet their franchise
shall not be forfeited to the small portion they
may have chosen TO build. Tbey may thus reap
lgA proGts from a small and the most valuable pof
"'h Vl Tue route, ana leave the great mass OF
ruF PUBLIC WHOLLY uSPRovIDED ron.
lhi,ieenth-'fSe bill authorizes this companv to
CIV gl! Pork, Union square, Madison souSre and md
Cgu1 Park winch arc tie property OF the city,
si,R9at compensation; Its c lined that, eieO0t II
10 te taken An examination OF tie bill shows
ma, lhs + not SO The company may take in any
y one hundred In length Tor constructing and ope-
faung heir railway, and for platforms stairway sta
eanon between the same. In no case Is the city 10
receive any compensation for its property. H. Wing
thus attempted to
GIVE AWAY CITY PROPERTY
private corporation. tSc bin, by section II In C.
,ecl enioin. he authorities OF the city from ar; at.
ETTpt TO defend It's property and rights.
,e redsed Tor tie payment Of the city delft and. ius
w amt other reasons deny the right the Lee
e'' 8" 'aht any such property ana r. 20 II u n co.
Mle corr orniior, under the plea that ing nov
Nol' to enc public use, IL may be diverted 10 Goo
Iu'ltes OF tlif company, rs being for another p,'
&c u'g II IL CONT etent for the Legislature TO d,
70 IN lhis instance, then II may some day give away
70 NE street railways Of New York CITY for dero's
am stables, the CITY Hall Park Union and hadi Qua
tSL'ies, and such portions Ut the Central Park D.
ul' De ettmcd uecess lry, aud this hill IL Iai.,
mo Law, would 10 taken IA prece cut for 20 IL.
M rpItOn Of the Battery was &C. Cd b, q. jtu.
Mf o"rcrs to the city Tor tie puTposs- Of oh
pace and no other, The city itself mot cuI,t.
Nl. Io,Ion without Quite aim from these gr;.uio-
81" bt' ms company is authorized t. Appr mia.
Nl- tfopcry TO lis own use. Tue PROPERTY dc
Guy liulotcd by this bill u be, practie ,iy,
coHfAcATLp ron THE BENEFIT OF rHIs coHP4AY,
Is estimated 10 be orth Between sit and seven |
Mi, iOts 81 dollars aud the appca IN OF these |
hetuN ,lpNhus W tho PURPOSES pr, lsed VOL. |
DlhcIs. -'N Vi S"'0 "'l Wv |
, II claimed that Ike priyilenes witt ilese ~ f., |
we lubllc tlouLut hnl parks, nave lr,ahv I,.,, |
sYen to the Central UHurIutou1d l., -; n,''
ny, and that approved tie an giant, hem "
Is not 80. The charter Of tue Cuderl und a.,
ny VAS passed In 1865, before came i, q olic, rl |
VIZ approved by nay predecessor. II, only b, ,,,
Ni- 10 the last named company which be,r suf
u tied 10 me, Is the act OF 1863, an, ling ,c,ts y
sections OF the Original act The ,,D,lua uulr |
cli II ia claimed tue UNDERGROUND ! lad h.. h..
given TO II tie privileges in and " u public mari |
PROPOSED to To extended by tie bill to tho Arcad,
tomtany, VAS not amended, refe ed 10 in In. |
tei OF 1853, and strictly sDeak I'M. not M,