The New York herald., 1874-12-17

Company Of 1s3l-32 and hanus ove
poraIton aud gives TO II, without compensation.
valuable additional franchise wortl millions 0
collars, ana builds up out OF the CITY treasury !
gigantic business OF carrying passengers IN the
profit OF which the city has no share.
THE CITY HAS NO PRIVILEGES
Mayor Vance, in hts published communication
says OF the work OF Improving the Fourth avenue,
that 'when completed there can be no doubt bui
ments aud benefits secured TO the city OF late
years." His Honor seems to be under The hallncl
money the CITY viii own it. But the
ninth section OF the act says tnat this "puphc I'M
provement" snail be exclusively 'lor The uses ana
purposes OF this railroad company and inhibits
the citizens Of New York rom entering or passing
upon or through part ~ their own public
road Company. privilege for which the company
WILL in all human probability, make each citizen OF
New York pay his fare. The pecuniary benefit
be not public but privale one.
NO MORAL OBLIGATION
Hts Honor naiyely ad0s:-"rne necessity Tor
some such Improvement was generally ackn0w-
ledged AMI the prosecution OF the WORK was
Convenience and were exposed to the dangers re-
sulting rom the pre-existing sfa'e OF matters"
He seems not to know who created the nuisance,
VINO increased IL to an unbearable extent, ana
who was bound by contract to abate 1t whenever
the necessity ior such abatement arose. ! nave
sse saaa act snoaga ana how SHp" i became law on
the Statute BOOK. Certainly. irrespective Of
any legal there Is no moral oSSaa0n 70
Technical objections are ana must be constantly
raised by municipal corporation 70 prevent the
Ing some moral support, bat which some.mere IN
formality has vltiated. Many man has been
turned from our courts heartoroxen ana rained ed
labor to municipal corporation without a eau
nons and literal compliance with the @
as asrms sasTe Gy aw Counsel
nor mayor has ever made such nard-
ship the subject OF public nr cat n
terests OF a monopoly which has ever shown q
reckless disregard Of the cty's interestsf Where
fore haste TO part with sS'5ooooo OF the Guys
money!
Into the legal aspects OF this matter need not
enter here. Both my opinion and argument are
In print, and have been before the public. Allow
me, however, to say that the weight or Judge
deea IN this case dangerous IN lis endences
and every effort should be made to have II re-
versed; and it Is not at all rare event as you
we'll know Tor the General Term OF this district to
reverse even well considered decision Of a
judge sitting at Chambers and recent term OF
TIE Court OF Appeals reversed almost one-half OF
series OF General Term decisions from this district,
The tact, therefore. rnaJ III the mrs, instance
single Judge has differed from the position taken
elusive. whatever iauIt M was found by the public
with the political administration OF our late
Mayor, no one ever DOUBTED ms sterling honesty
and integrity, ana in his resistance to this grev.
ous wrong upon the city he displayed the best
elements OF his strong character. Had he lived he
unquestionably would have protected the tax.
Official term.
You are now called upon to perform part in
communicating what COman's Board Ot Aldermen
began, Mr. Hall repudlated, and what almost
every self-respectng member OF the Legislature ol
2 from city o M
position which you have gained as guardian ol the
city treasury the taxpayers Of New YORK VIII nave
reason to feel that almost the last bene fetal re-
pns sus 81 swa se ssra SIMON srEss