The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-18

For what they thus receive it is Just that they
should make compensation. y.
W For wIst they give We the city corporation
Il was held In the case OF the People vs.. Kerr,
above cited, that the estate OF the city corpora
ZION in the streets was not Of character to be pro-
tected BY the CONSTITUTIONAL umltatone upon the
right or sm.ent CONAN ina. s, snas me Inc LeSsla
construct and operate road upon the streets and
that the city corporation were not entitled TO COM
pensation nlder the provision OF the constitution,
for public use without just compensation. 30
the streets sr the ownership thereof was puostci
Jvts, and that the power OF regulating such
YES ed IN the Legislature as the representative OF
the people, and that che Legislature had power to
authorize one OF the city railroads TO construct
track the streets without the consent OF the mu-
the idea tnat The Construction OF 4 railroad In the
stree was an appropriation TO public use
In l,e Subsequent case Of Craig vs.. Rochester
City Railroad QS8sl 80 New YORK lOk il was held
that the construction Of horse railroad in East
avenue, in the city or Rochester, was an appro-
priation OF the highway Tor new and distinct pur.
pose entirely ioreisn irom its original OBJECT and
which entitled the owners to compensation. ~
Tho owners Ii that case were the owners OF land
bounding on the street. seized In fee 70 the centre
Sie NV s.'ee'' 'uo'e'' " 'A' '-''' -
bprden upon tS ee On the ground that the rail-
road company mad an exclusive right to the use
Of their tracks while the cars were passing which
sistent with the public easement. This conclusion
vac reached nv annlyin0 the rules established IN
Tthent .1 e9ceSt drence In de-
~ree or use S-SSf,
Although perusa Of the disssnt,ng opinion Sou in
trine would be applied to horse railroads in the city
OF New York. It NAV be regarded ss q rule OF law
that horse railro.d In IRE streets of city is q
need and to same extent an exclusive use, bur-
den mon the owner of the fee and emitting that
to 4, tho cit, ofNev York
nave mo esfste Witch entes them to this compen
acSured an estate in fee in trust for the people Of
the State. that the same De appropriated and kept
oH The ndwer Of reruiatne the use OF the streets
Including railroad grants. is vested In the Legsla-
ture, and the city corporation holds its estate sub
iect TO this rover and because their estate is so
subjected they are not entitled to the compensation
provided for ali other owners.
to city railroads. NAV. as in this case. impose as a
Condition that compensation shall be made to the
city corporation. or M grnE v .e.a.
The CITY CORPORATION thus has q clear and dis
tinct legal right to compensation-for the new
burden Imposed on the fee and for the exclusive
nse taken in the Construction and operation of q
horse railroad. and also on the ground that they
nave at their own EXPENSE or by a local assess
ment on the properly bordering on q. the street.
COMPANY with graded road .bed; and that this
has pecuniary value, and is material portion Of
street in frust FOR the public use IL pronertyyalu
Tn ire I'D orr "a
th,ndP erS h9s haan naid for not nv 0ensra, m xs
t ts but by municipal assessment. Upon this
g . ss,nes tne rsgSt If wav Nom the neonie
thrcu1h the TeCisatnre n "a not a Gift of the
neonle for Il wac not made at the expense of the
ppe0pie Thev charge the railroad cOmpany to
mRafe concentration to the city coporation. W
VIII Rv the construction and operatiOn of CITY
railroads. the companies ON the one hand and the
citv tion and the neonle m the other gain
many advantages in their nature reciprocal and
compensatory.
for the neonIe This ia OF the Greatest Commencement
The growth of the CITY in trade population wealth
and taxable property depends upon it:
| occupation and dement's not only the owner OF
vacant land up town, but of improved land down
town and diminishes the burden Of taxes on the
| down town owner, It brings all the land on the
island under taxation ct high values, instead
Of leaving the land down town subject to taxation
| At hish Values and that mn town at low values
But this Convenient transit attracts population
tos Sess dense and arrey the
| through and the way travel on the railroads and
enhances their profits. .7I -
| from the carriareway ia embarrassed; but com.
pensating adyantages are found in the increase Of
street r and the rental value Of it's property.
The ordinary police protection given to these
| companies by the municipal government and the
ments are not to be considered in liking this com
| without them would wear the pavements, and
these are matters to be compensated by the annual
| taxation.
There are other causes, such as internal i'm
provements and improvements ON the city borders,
| which will promote the growth OF the city, and
these will also increase the number OF passengers
| on city railroads. The opening OF the channel al
| He'll Gate and the bridge now being built over the
East River are illustrations.
TX. The following points have been considered in
their bearing on the principle and measure OF com
| pensatlon:-
l. That the rate Of fare Is limited by the people al
an amount favorable to tnemseiyeA The parallel
roads through the city are not left to free cOmpett
| ton for travel but low rates OF fare are liked.
Obviously scale OF fares so low that 1t s cheaper
for man to ride than TO walk Ii greatly In the in
| terest OF the people. 1t Is one mode OF compensa
| ton by which the people derive great benefit
II there were reserved power 20 make further
reduction OF fare for the good or the people, 80 thai
this redu ,tion and the compensation We are con
sidering were two ways OF reaching the same re