The New York herald., 1874-08-06
RAILROAD INVADING THE GRAND PLAZA.

No Parade Ground for the National
Guard.
It Is only few months since the Park Commis.
sioners, at great expense, paved Seventeenth
street. the upper end OF Union square, and built a
grand stand from which to review troops. By an
oct OF the last Legislature railroad was chartered
to run on this very street. thus destroying the
utility OF this grand plaza. President Stebbins
invoked the opinion Of the Corporation Counsel on
the subject, and from the following answer 1t i'll
be seen tnat the railroad In question does possess
the rigat to the use Of this or any other street
designated BY act OF the Leglslatnre:-
Hon. HENRY @. srrsBss President OF the Department Of
sci the Corpora duly received You state In
substance that chapter 6o q te Of 1873 authorizes
eensh BIoaaway anS unon sanans and sa
portion % Se
fOOr and You also state
the e r ae Sy 0o Of The Of
to the pubic whea desiring TO hold pubic ior
as Or o s hai s ays
nat dhe Of rawsy dresuy across the
men has undertaken furnish in the way suggested
or or
diversion from the uses TO which has been dedicated
On S &
you T aa
wh,ch T. prop9sed to hay this railway was the property
but that M no; sy = IN the sense which
aS and o %
Counsel to the CorpSraon as to whether the railroad
thro1sh sevsn;esnsh street g proposed; and also
the nortRe asst and foureenh Street and Union
square on the southwest can be changed from that now
squire TO by of the cast and south sides Of
have carefully examined the questions submitted by
you and "a ann satisfied n nat yoa are qnder de-
OF seventeenth reerr ed by you. seven
teenth the in city laid down
title 10 tnat portion OF the street between sixth and
report of the COMMISSIONERS having been confirmed
By the supreme Court on the I'd Of April in that year
the streetior which sucn proceedings were taken,
upon map and to which title has been acquired in
the manner prescribed by law It is well settled that
land, and holds The same or pubic use,
Chapter 81 o the Laws OF 1852 referred to in your letter
Seventeenth street. does not in the slightest degree
the merely E the the sg aGes
OF % non place 50 G as to nGade street and IL
modify or entirely repeal this law. moi that
the power pass 1884, it has the power en-
srs to m asd o ses9r @ b
city.
laying the railroad track through that part OF Seven
teent street that has authorize the ying such
tracks n rough any Of the other streets in The city Since
makes a portion Of seventeenih street, broadway,
Fourteenth street. and Fourth avenue parts OF
Union place the University place and the Belt kdrond
Companies have been authorized to lay their tracks
through those streets Iris alone creates strong
presumption that the including of those streets Union
place did not form obstacle their being tor
street railway purposes Aside, however. in
this sort have doubt that the powers LegsIa
ture over seventeenth and other streets which formed
portions OF Union place are precisely the
are over the other streets OF this city
thorize railroad tracks laid through the streets Of
this city is well settled 10 admit discussion rhe
matter was finally settled in the Court OF Appeals in the
OF The PEOPLE Kerr ca New York reports, page
1887 after eabora ate by such Messrs
O'Conor, Evarts, Noyes, Van Buren, Dickinson and
Anderson.
. i am compelled, therefore, to advise you that the
Legislature had full and authority pass la
authorizing the laying of railroad tracks through
portion OF seventeenth street which is included Union
place.
With regard 10 the second question submitted by you
also obliged to thar do not think either
the railroad company the 'Depar Parks,
both, or any other municipal authority, have any
power to change the laid down chapter Of
the Laws OF 1873 1t formerly contended that The
Common Council had the power TO the rg Int
railroad tracks through the streets OF this city,
but II finally settled that the Common Couil,,
1850, being chapter ~ OF the laws OF that year
II was prVvdcd that II should not be lawful hereafter
70 lay, construct or operate any railroad the
streets Of The city Of New York except under the author
y and subject tohe regulations and restrictions which
the Legislature spouiu thereafter provide IL
s clear that the route prescribed by the 1873
through and along Seventeenth Fourth
avenue and ontnuing in that Broadway and
~ above stated do not think that this can be
changed except by act Of the Legislature this state
1 am, SIR yours very respectfully,
GEORGE p. ANDREWS,
n m EnrnA utinr