The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-13
A DANGEROUS PROPOSITION.
Extraordinary Powers TO a Transit
Company.


Company.
To THE EDITOR OF THE HERALD
In one OF the most spirited opinions ever de-
lvered in this State, in case which involved the
question OF ''emnent domain" it was stated by
the presiding Judge that It would be highly dlsre-
spectul to suppose that the Legislature ever In
tended to take away the land OF one man and
bestow it upon another; but 1t is worth while to
consider whether we have not very nearly reached
this insecure position. A bill has passed the Sem
ate Of this State and now remains in the House Of
Assembly authorizing the Beach Pneumatic Tran
sit Company to take by assessment the land Of
any person in any part OF the city for the purposes
OF the company and as this corporation is now
owned by only single family and the proceed
ings TO acquire land in that manner are notori-
such an act through the Senate is just
cause Of serious alarm. Ii bestowed on the
other street companies, with their more than fifty
miles OF street railway, no mans property will be
safe. II the act In question pass the Assembly it
viii be deemed precedent for the street railroad
companies, who will not be slow to invoke the ap-
plcaton OF it to them, and, under pretence that
assessment would be called for, power over the
disposal OF property would be obtained Of mo-
nentous and dangerous character. That there
may be no doubt Of tho extent OF the act we SUBJ
rait part of section T. which provides that
The said corporation shall have the right is hereby
" 70 aSqhs nS Se Ia s Sc
70 and Sn sss S SS SG
ssld ,soEp S such points scps
the ingress and egrcs Of and for the receipt
The operation Of said tubes and railway and
for the proper connections between said tubes and rail
said sorpeaSn Unable to agree the owner SAse or
TO the same in the manner provided in the fourteenth
twsSs twenty ana Of an
act entitled IAN act to authorize the formation OF rail-
road corporations and 10 regulate the same" &C.
This extraordinary power is made to extend not
only to the route defined in the act-from the Bat
terry under Broadway to Madison square, thence
under Broadway to Central Park, with branch
from Madison square under Madison avenue to
Harlem River, and with power to make connection
with the Harlem and connecting roads at or above
Forty-second street. and with The Hudson River
road at any point north OF Filty-ninth street-but
its limits over the city and over Brooklyn may be
said to be practically underlined. The Tube Com
pany was originally empowered 10 lay one or more
tubes Of lltyfsur inches In diameter under and
lie places of New York and BROOKLYN. and under
the North and East Rivers; and this right Is sub.
staatialy continued. Il VIII be seen from care.
full reading OF the section quoted that the right
to take land along the tubes alone is conferred as
well as along the 'tubes and railway"
The power to take land rom private individuals
was originally enc that might be exercised only
by the public and for public use; but when the
great lines OF railway came to be constructed 1t
was held that they took 1t for the public, and 10
would seem that this applies as well Co land for
depOts as Tor land required for tracks; bur the
power TO take Tor depots has been seldom exer-
clsed, es the CepanieS understood that ii it were
acted upon caprlciousiy or generally great indigna-
ton would result During the last tow years the
power has been extended to some OF the now de-
iunct lines established ior rapid transit; but the
character OF the Legislatures which granted this
unusual power is too well known TO be regarded as
respectable precedent The attempt TO have it
extended TO the ordinary street railways wants
only the precedent now sought 10 be established in
order TO secure the privilege for them throug bout
all the cities OF the state.
Tie right to take land for depots In cities ought
under no circumstances to be granted, and espe-
when mas been in existence for years without COM
plying with single provision Of the act OF incorpo-
ration ana without any one knowing the parties
upon whom the succession has fallen. IL Is under
stood mat most Of the original stockholders nave
long ago abandoned the company as being founded
Ia mlstake; but yet IL Is to such an incorporation
that this enormous power over the properly OF
every individual In the city and In BROOKLYN ~
about TO be conierred-a power when can ne useu
az menace 10 induce owners TO Iart rom thelr
premises at sacrifice under the prctencc tnat II
they neglect to do so the machinery oil assessment
VIII be set la motion to obtain II az the price which
the company saall oiicr.
If the LEGISLATURE pass this bill the body VIII be re-
garded az on perfect footing with those which have
recently preceded IT, and which stand condemned
for The Qrossest corruptt0Is WATCHER