The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-20
THE OPPONENTS OF RAPID TRANSIT.

To THE EDITOR OF THE HERALD:-
am somewhat surprised to find my name In o
"List oil Those Opposed to Rapid Transit" olisned
In the HERALD oil Friday last 1 am equally sur
prlsed to ind various other gentlemen, generally
supposed TO be in iavor OF all proper public i'm.
provements, In the same category. do not know
that have to ooject to being placed in any
list with many Of those VINO are ackno wledged
as the best men in the Assembly, and | am
quite sure that alter voting perslstenty for lye
years in avor OF every DILL wmch gave the
slightest hope OF producing RAPID transit, inciud-
ing all the special charters from 1871 to 1874, as
wen as the Eastman bill or 1874, having gwen
much lime this year to the preparation OF a gene
raj act intended to cover the subject Ia the an
ner required by the Constitutional Amendments,
which bill was Endorsed by every rapid transit or
ganizatlon In New York except one, and having
been in daily consultation with the leading gentle
men interested IN the subject throughout the pres.
ent session. am quite sure that with this record
even the HERALD could not transfer me in q day
from tne IanKs OF the ardent friends 10 those OF
the opponents or rapid transit. But as a lit
tie contribution TO contemporary rapid tran
sit literature, ana IN order to prevent
any misunderstanding relative TO the votes
OF any OF the gentlemen you name, allow
me 10 say few words about the particular bill
to whcn your list re erred-tne so-caed "M0Ore
blllv am not IN amlIar with legs alive DIlls.
During the three years that was Chairman or
the Judiciary committee over LILO came officially
under ms inspection. And understand the lOrce
OF the words wnen say tlat the Moore Dill :, as
Ii came IRON tue senate, was, taken altogether,
the worst mad ever seen. Its form was uad aud
It's substance was worse. Let me specify a few
poinis:-
i. The amended constitution absolutely requires
that no law shall authorize the construction or
operation or a street. raj road except upon the
consent 81 the adjoining properly owners, or, 10
DEFAULT OF That. tue determ nation OF Commission
ers APPOINTED by the supreme Court. This re-
qulrement the oil entirely disregarued.
2. The amended constitution similarly prohibits
the authorization ~ Jaw o. sucn raliroid, unless
'tne consent oil TIE local authorities having con-
troll OF fhe street, &c, be obtaneu. THIS require
meat, also, the bill ignored.
g. Tne Legislature itself Is prohibited from
granting railroad franchise 10 any individual or
ASSOCIATION; but TINS Dill. IN 80 many words, al
lows three persons, appointed Dy certain local
from tue Legislature, TO grant license, right
ana franchise sc.
Now let us look at the substance Of the bail
1. Wniie il purports ~ be general act 70 pro-
vide "Railways Tor Rapid fransIt,n the wOrulng
throughout tue OIL Is such tnat out Que company
can be authorized. Inc SINGULAR NUMBER -
everywhere employed-"A railway comSanyn
section |, line ~, tne railway uns H. said
line ii railway ulne 2l) tne line Of the proposed
ranway' section 2, line p, "a railway plue 81,
"a railway" section 3, line ~, &C.. are examples.
so either monopoly was intended or the bill
al While provision Is quite ostentatiously made
at considerable length 10 section Tor advertising
for proposals 70 purchase tue franchise, &C, set
by a line Ia subdivision 81 section ! ne Commas
sioners nave absolute power ITO reject any bid or
proposal received" winch, ia the nands oil partial
men, would make tne advertising farce.
3. By section II Is provided that "tne Mayor
and Aldermen may procure the entire right Of
way OF said proposed raliway.n When IL IS re-
memD ercd that tue road could be located through
the centre Of blocks, the power thus conferred
and tue danger to the cities OIL the state wlll be
appreciated.
A. The corporation proposed to be formed was
unprecedented In the unlimited extent OF It's
powers. Ine whole ~ section would nave TO be
quoted In order 20 make tne extraordinary char
acter OF these provisions evident. Suffce IT,,
that Its powers are embraced Ia the peculiarly
comprehensive pnrass, "-uch powers aud
privileges as may be necessary or desirable -
that IG mas also az anything could be ADDED
''dll the powers. rgnts, privileges ana lrancnlss =
conferred upon raIlrOad corporations BY the
Ge0era Raufuai act without any OF their liaDil-
tiles sr restrictions; hat there II no haOiity
VIVA ever on the part OF tue corporation or OF It's
stockholders or its 0Iicers-nO llaOutty clause a5
ALL that there IS not word Of Limitation or re-.
striction az 20 che exercise OF those powers; that
there Is not line OF provision as TO tue manner In