New-York tribune., 1874-07-17
VETO or TIE WAREHOUSE AND RIfL-
FAY BILL.
Gov DIX FILES HIS VETO OF THE GARDNER BILL
A STATEMENT OF HIS OBJECTIONS THERETO.
AIRANY July 16-(IOv. Dix has filed the fOl
NdyoraltV or

! lowing veto with the Secretary OF state:
An act to incorporate the Nc~.YorE Warehouse and
| Railway Company, and 10 improve tLo comihoIV'"'
facilities OF New-York. Not approved.
the approval OF tins bill s urged Dy large nnner G
| respectable business men IN the CITY Of new fnfH
chiefly upon the ground that want OF sufficient ac
ties for the transshlpment and storage OF
in the immediate negh0orhooi Of the docks 'he CIV =
rapidly losing her ascendihcF ~ i'toln -, an =,
other cities better supplied with such facilities are eni
bed 10 carry their cOmnerchi eXchanges d chedPi
rates, aud are thus Withdrawing rom hef arSe pr pr,
tion Of her legitimate trade. This fact has recently
| become well understood, for, Wine the city mas mas
lavshed millions on the embellishmeut OF parks, the
construction oil bOuevards, ana the opening OF SrreS
! ers In advance OF the demand for such improve
| ments, her docks. with the facilities necessary
almost entirely neglected II IS nliura that those Wuo
suffering through policy as mistaken IN us pll
pose as DISASTROUS IN ts result should grasp az any
project which holds out the promise OF placing then on
an equally favorable footing with their competitors III
few of them would have Iven tins bil their apprOVd .
they had looked carefully into its detdlis hhu ca
ultimately 10 tLeir own interest. statement OF some
of the leading objections 10 It can hardy Aii 10 saaI!
FIRST Tie first section creates corporation win per
petua for t1e purpose oI cons rnctlnG
cmses aud immunties incident TO rhrOad cOrpoIa-
lion formed under the general law one Oh lie>e rlsia,
Is that OF taking private property without the consent OF
/ the owner The Company Is thus endowed Win
c r,,f NJ eminent domain the most Questionable or
all forms in winch can be conferred Dy tle Legs
Iature on a corporation The railroad companies IN the
interior OF the State were clothed Wh tLis power rom
pubIc considerations and because thev might be pre-
vented from constructing their roads o. direct lines
,rtfbout Admitting 10 gross extorilOn. But such
granted by the Legislature Ine power Is again con
ierr bv tae closing paragraph tie tnird -ccuOn IN
terms, the purport OF which cannot he mistaken Be
sides the power the Company authorized Oy the hlid
section 10 purchase property useful neces-
,,ry IN ci irrv out It's objects and purposes.
and agAn by the fourth sectOn and as II this was not
.guu,D the Mtv0r. Aldermen. and ComuouaItv Of the
cv are autuorZ.u NV the sixth section 10 acquire. sell,
and convey the Company IN Zee simple, -uch real
estate and property as may Becess ry carry out
al - a
extraordinary ia l purpose As II Is lndeAte
second The Company Is authorized by the nth see
ton TO construct elevated rar1dd, al least fifteen
high. wI,h four tracks from point a. or near the
Battery. along the Hudson River. % point 70 be
located by Itself, between Oue-hunlre land.enth
ana One-huudred lnd-s!4t -Arst-sts.' Thence 70
thence 20 and along the East river 10 the place
OF beginning. In case tle ralNaN ~ c0hst eI u2'h
arches 10 Is authorized ~ lncos- Aen l'r warehouse or
thcre is no Limitation 10 The U.s., o which these incloseI
arcHcs may ne applied. Under 8. PROVISIONS OF TINS
section the city may be sliroh 20 Wlil an immense
wall unlimited ~ lIs night 'o1Yt teen ieel' Wltl cart
WAYS through 10 for access 20 the piers and WhaNcs
about half tAe width o! country road ana az the END
tue width not specified. IGc Immense Ia
Dor OF unloading an Ie'"'..h- oee"n ' siehheiS'
sometimes more man O1e at t.i' s'Jr pier AZ ~ sam
tue within hc uled period oi time required - cpl-
form to tie prescribed day depIr.are, would have %
De performed through Ohc oI ,neo A"IfO" OpTnAE g.
ana mus, instead Of improving the COMMERCIAL fd,lA
tOmpany would become or the most efficient InsrI
mens OF delay, embarrassment. and injury The extent
tured by f,ncyins me ap,roacl 10 the piers and
wnarves al loot OF C0r.dnIJ or Canasts., on the
Hudson, FI On-st Gn the East RIVER thus restricted
with crowd OI Carriages, carts ana pc lesfllus con-
tending Tor passage through these contracted Out
Idird OF the plans OF the Commissioners OF Docks
for 81 rLl- te street mex 10 tlr wafer, been
sad that wnen completed tncy wOuld afford oppOr
tuuIty OF giving TIE cI.I not only the most lmp1s
inf water front on tne C0uuncni out the amplrst
facilities storing Transferring, ana handling freight
ID. ali Kinds lowest possible cost" To OD.tTuct
g y,fer rroo 4s proposed Dy the BIN uUIer const.
.lfn "a
Iij he 10 -,eyIuci tnese facilities 10 "A grsat * cnI
TOR the benent OF company organized for private
profit and the eghth -ciiOn authorlzts the cAtcOn
oi charges without any limitation of TIE rlfe. ths
benefits promised 10 commerce By the L0mplny
could only be enjoy 81 on iis own terms.
1nrborle Of all control over lt Indeed 10 u expressly
declared 20 bc u sect on!y TO prop ponce tD-aatio
aud 90 ue special Ie-isatol ol lc l. duuthtf
OF the extIuoriiuaIY provisions I'D winch the bl.l
abonnds LIS virtual declaration ihai u the Lesa-
ture should deem necessary ior thr pIoerion Oh tl.
interests ~ te state, or the rhts o. lGIydd as % pass
general laws u regard 10 raiII1'd co P1i"u1h, tNl,
Company shall be exempt from thcA4-i utt.draton Oi
no ordinary pOdnrss at tine Wheh special le-sl'lon
is regarded OEe OF .ue most O-4ols lofms o HsgoV-
erument such rdhrpAl as tut !il pruF4ucs IJI AdS
Deen suggested heretofore, but II should never ns ad
thouz "a completely independent Of the control o. tie
cly authorities, or, without req lrug uuii on arches,
thar tney should DE rij open, 50 20 anord unOD-
,tructed access aud eGfess 90 aud from the docks.
Fourth: Under Section ID the Company is authorized
10 construct one or OF three lines o ra.ro from
river river, between OIe-Auudr-itn lXty-hrst aud
Oue-AUudI eaAnd ent-'ts' Ahe sa4 Hhrs may ne ee-
vst-C or oppressed iney MY H elevated, cons - OF
s,ld mIsses -tOIenUses on the rlver ur~. Ihcv
NAV be cons rlcted width, and are exempt from
all coutrO. Dy the city AdiAO.lte-
FTl. The space along the rivers surrendered 10 the
Coupauy Is from II 20 miles IN .cng. dlI TltAOIt
rtrct.Ou As 10 the width be urcprd for the rail-
road with IT,, archcd warehouses Tie value of the
fsre thus surienie red VdriOusy estimated at from
s2nUJJGU 10 SJOOJO,J00. The use OF tns surface ia
the PROVIDED Tor D, the D.. differ entirety from
mat Of horse railroads. Lhe latter leave the streets
ana avenues Which .hey use entirely uuOJstluccd tA-
cent al the moment when the cars are passing. Iie
occuualiOu by this Company of tine water 'front.' I-
reruIaneu obstruction, guaranteed 10 II ~ ptrrtuY'
10 be Used after complying with me requirement 10
build railroad for any purpose winch it NAV tulhh
most conducive It's private profit, and THIS enormous
concession is made wlAO1t compensation, except lAt
contingent % a payment Oh t!htt per cent ou Any
dividend II may make TO ~, stockholders.
such few. Dut by DO means iI oi the o9eciphs 10
Tin. uoustr scheme. TIE authority To construct piers
do. OF its not tEtre4u- irN ~ u1mU'I anu
to occupy Iu street, or avenues uon us route "1nol
ION whenever tAey shall be necessary Tor the
construction or operation Of the rIruHd bed, tuTnuut-'
.fat-Uu- -deracKs, depOts are among the OJhel t
tr1ordlIary powers conferred upon II. can REGARD t
nm no other gnt fuau sicrlnc" or tne cUlnltF'ai III
ta,- of the CITY and N It's business classes 10 private
IN. day in leslsat4UutLe creation OF great corpora
tinns and surrender OF fc nights OF INDIVIDUALS a
tlr interest Of municipalities Tor tuclr special Dchehi
IL L. difficult fancy -cueIr uIar' independents Ol AZ
-,fe ylIaru. more iugeDi,u-iv framed 10 secure
enormous profits the -nar- -hul- ol more certain ~
iuu4r the commercial Interests tnd independence OF
The Growing assumption OI iut Oll ls 30 nc
clare tie Company "puDIc corporation equalzLlE
desnolrd and made tributary 10 H. holding Out the
decap+Iye idea the language OF the conrtj tAA
tne nuIy interest involved is tue public interest, dud
uiue 10 evIde the legal lAhlltt- 10 Whcn coip"ia-
''oHS JOHN A. DIX.