The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-05-10
THE MOORE BILL.
AN IMPORTANT SUGGESTION TO THE FRIENDS
or RAPID TRANSIT AT ALBANY.

AN IMPORTANT SUGGESTION TO THE FRIENDS
or RAPID TRANSIT AT ALBANY.
No. 2oo BROADWAY, May s. 1878.
To THE EDITOR or THE HERALD
The Moore RAPID transit bill does not provide
any way BY which the Mayor or Commissioners
can obtain right Of way through any private
property. without that risnt they Will ind them
selves unable TO de anything except 70 wait for
the next Legislature 70 amend. In order TO give
them that power 1t Is necessary, under the new
constitutional amendments, TO set out the way
aud manner OF procedure as IL IS Sc. forth In the
General Railroad law The Moore bill says
Second-Legally and In the manner required By
law 10 acquire the light Of way used or wanted
for the use OF tine raiHay In the name Of the city
or in the name OF such pc sons or corporations TO
whom said Mayor Or mmlssioners snail grant a
license.
There Is no law applicable 10 aug such case.
The laws relating 10 street openings by munich
pal corporation do not apply. Neither do tho
lava relating TO railroad CORPORATIONS acquiring
lands, Tor the reason Inat the Mayor aud Tue com
mlsslOners viii not stand IN the position OF ratl.
road corporation applying TO court unGer the
provisions OF the railroad laws. They would have
no standing IN court under the act OF 1850, and
consequently could acquire no franchise mat In
volved taxing any private property. In 0rder TO
make the FRANCHISE worth ouY NJ ~ VIII
become absolutely necessary 10 nave right
~ NaJ shIVuBh sOHs lLNatc properly Whicn
should De obtained ny Ehe Mayor and
COmmissia ners, 80 tnat grant mace b. them
suau oe worth Duyng, IN order to induce capital
Is : 30 take " up. A the OH now stands the
Mayor aud commissioners will 0nly have power
TO provide . right u way over public pro erty.
Under the tn section the persons buying the
FRANCHISE may form railroad cor Grafton under
tue general act Of 1850 aud nave All the powers
given therein, anu fuch company 50 formed
would nave ne right 70 acquire private property,
yet theT could not depart lrOm the line IaId down
by the Mayor ana commissioners, ana If IL saould
be found necessary TO 20 throngn any BLOCK or
house would De Obliged 10 pay large sum TO get
the rlgnt. y would not be either fair or
just 10 iay out q line tnat should pass through
private property, and then leave tue company to
get through As pest II tnl2nt. suppose the Mayor
aud commissioners should deem Ii Oesg that the
line re lad out 80 a. 10 run through the blocks
partly tnTougn streets aud partly through blocks I;
or suppose they should deem 10 best to open a
new avenue for railroad purposes, could they do
so unuer tue Moore billy write THIS ana ask the
foregoing question 80 as 70 call attention TO these
points IA order tnat we may nave more ngnt on
the subject As the bill appears to me II limits
the power OF the Mayor and commissioners TO
grant right o. way over the public streets and
avenues ana gives them no power TO extinguisn
any private right. n | am correct II would be
nard 70 ma any company OF capitalists
TO buy the franchise with tue obligation 70 con
test with every property Owncr on the line hang.
difficulty, II THIS law Is passed, Will be by an ar
rangement between The Mayor ana Commissioners
and the prospective bidders. by winch tney may
agree TO arrange THIS aud Otner matters alter the
bids aud award sh4il be made, which would be an
unfortunate condition 81 things. and might require
another session n tue Legislature TO Obvlate. An
Amendment now made would be better than 10
terests 81 rapid transit. Yours, &C,
4 HOO&ET