The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-05

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yet upon sober reflection It WIN be seen shss thsss
stances never likely again TO occur. IS well a. o.
lack O. interest taken oy the public in the
management OF the city's affairs. Since
,nen stringent , laws nave oeen enacted under
ton OF public AFFAIRS and public officials and severe
penalties prescribed FOR frauds upon the public
treasury. But II should be borne IN mind that the
management OF the whole matter would In all
likelihood be placed IN the hands OF these com-
consent OF the Board OF Aldermen. and to oe re-
moved oy The Mayor for cause. Their terms OF
orfise might be made short, the security required
for tue faithful performance OF their duties
ample and they might properly be held to
running the road and OF collecting It's revenues
would rest entirely with them. We think IL sale
10 presume that none but tue most Trustworthy
citizens would be selected by the Mayor or con-
nrmed by the Board OF Aldermen for the per.
TO- nance OF these onerous duties In connection
perhaps out OF place 10 here refer to some CT the
important WORKS heretofore constructed 6y city,
state and national governments Here mention
Is made OF ;he Erie Canal, t1e Croton Water and
central Pars.l The report then goes on Tho
exist constitutional impedlments in the way OF the
construction Of rapid transit road by the CITY
specific dUjecton was pointed da out K was
however deemed prudent 10 obtain the opinion
OF eminent ;n, legal authority upon the question as
sntutlon. 10 build and operate a railroad as
public work. Letters we're thereupon addressed
by tue Chairman oistne committee to Mr. Charles
O'Conor and eXJudge James Emott, requesting
their opinions on the question above set forth.
had opportunity TO examine the constitutional
amendments as to this question. Judge Emot,
possess the right, under the resent constitution,
10 construct ana operate q rapid transit road as
tached to this report, ana the undersigned
beg leave 10 refer to The clear, concise ana
able opinion embodied therein. We also beg leave
10 refer TO The opinions TO the IKE effect OF Hon.
ErasIus Brooks and the other Commissioners,
published In answer to similar question on tue
appeared IN the Issue OIL tnat paper OF February
ID, 1875. The undersigned have Carefully scrut-
nized the different bills introduced IN me Leaisla
ture at It's present session, bearing upon the sub
ject OF rapid transit. They cannot put perceive
many excellent features In several OF these bills;
but, in their opinion, the which approaches
nearest to the solution OF this dnlcult problem,
aud which gives most promise OF securing to our
citizens, at an early day, the construction at
moderate cost OF
CHEAP AND RAPID ROAD
Is that introduced IN the state Senate by Hon.
Hugh II. Moore, OF this city. This bill has, since
Its reference to this committee, been so amended
well as IN other important respects. The
undersigned therefore take pleasure in recon-
opinion the very best available means OF obtain
ing rapid transit Tor New York city. In conclu-
sion, we believe that there Is one point upon
which all the members OF this committee VIA
agree. 1t Is that the question OF rapid transit In
as e'e o. wScn OF right eelonTs
to the Common Council or local law making body
IN and Tor SAID cities; ana Wherever the power to
determine this question Ia not now possessed by
these local bodies we respectfully submit that 1t
should be conferred upon them AS mere act OF
justice with the least possible delay
HENRY ID. PURROY.
Il. J. STANDBY.
JUDGE EMoTT's OPINION.
The following Is an extract from the letter OF
Judge Emott which the minority report refers to:-
Rapid and convenient modes OF transit are as
mucn public purposes aud city necessities as gas
wafer supply. II city may undertake one nr
these, do not see why II may not sne others. And
railroads nave been held especially to be in a cer
tain sense highways and pubic works. Upon
this the application OF the law OF eminent
domain to their construction Is founded When
such works are not tne property OF private con.
tractor nor operated Tor private emOlument
do not see why they not wholly works for
public purposes. | think there Is no c0nstitu.
tional difnculty to prevent LEGISLATION Tor the
New York by the municipal authorities, or taxa
tlon or the creation OF Indebtedness Tor that pur.
pose or course, 1t does not come Within my
province in your present inquiry to express any
OPINION upon the proprety or necessity OF such a
method OF providing this great need OF our city.
The two reports, 1t may be said were ordered
TO be printed In the city Record and In the min.
utes OF the Board.
DEFERRED CAPITAL FUND MEETING.