The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-18
The Beard Of Aldermen Seek
ing for Information.
ACTION OF THE LEGISLATURE
Threatened Reduction Of Wages Of Con-
ductOrS and Drivers.
ENORMOUS PROFITS on STREET RAILROAD LINES.

compel the city railroads 10 provide seats fer all pas
sengers admitted into the cars and TO 6x the fare at
three cents between the hours Of six and eight in the
morning and five and seven in the evening, comes
directly TO the evil OF overcrowdng, and will elicit in
an authoritative form statement as 10 the relations that
exist between the corporation and the horse car COM
panes 1t not the first time that the legal adviser Of
the Common Council has been called upon 10 express
opinions upon questions similar those submitted
for Mr. whitneys consideration. 1t has always turned
out in such cases that the railroad corporations by
the very of their grants and charters under
tho control OF the Common Council, which body has
authority regulate the times Of departure of the
cars, the rates Of fare to be charged, the motive
power to be used and the frequency of trips to be
made in order to promote the comfort and con-
venience of the public. The lines that are
specially bound by contract with the city are
the Second avenue, the Third, the Sixth and the
Eighth avenues and they, before obtaining permission
to lay their tracks had to enter into bonds with the
Mayor and Aldermen binding themselves to abide by
ana perform the specified stipulations The agree
ments between the companies and city authorities
were embodied in ordinances which fixed the fare at
five cents and required cars to be run each way daily,
every four minutes between the hours OF six in the
morning and eight in the evening, and at longer inter-
walls during the night. This arrangement which was
entered into twenty Ave years ago, doubt was fully
up to the requirements Of public comfort and conven
fence at that period, but the Common Council ex-
pressly reserved to itself power TO require fire.
quent trips when IL deemed necessary, and that
they might when they saw ut take up and remove the
rails The Legislature has confirmed these grants but
always with the provso that the companies shall be
subject to such reasonable rules and regulations in
respect thereto may be prescribed by city ordinance
and 10 the payment of licenses The several acts of
1bo c1a anha lictt ha lat
ter point
CITY AUTHORITY EXERCISED.
The city authorities claim and TO some extent exer
else authority the cleanliness Of the cars The
use of cushions the seats the backs thereoris
prohibited a careful and thorough washing every day
that all filth may be removed from the inside of each
car is required hay is to be placed the
floor of any car except on the platform, dirty
soiled articles of clothing bedding in baskets
bundles to be carried and good ventilation is to BIO
provided all times and each and every shall have
placed in the roof in addition to windows the roof
ventilaors-one At distance OF two feet from each
end OF the Garland arranged with revolving top
that when the is in motion the currents OF air shall
pass outward through the ventilators The Board OF
Health looks after this branch Of the railroad car bust
ness but the Board has yet made any represen
tations to the unwholesome practice OF crowdng
nto cars constructed accommodate twenty two
three times that number Of human beings The vicious
system 1t must be well known tends TO generate and
spread disease, ana certainly deserves little
tention from the sanitary authorities However, the
action of the Legislature during the past ave or six
years has led to the impression that relief OF sub
sana character relative to street car abuses can be
only had in Albany.
The Corporation Counsel, it is evident can have but
little difficulty in replying TO the resolution Of the
Board OF Aldermen IL has been decided that the
poraton hold the streets as public trust to oe used
for the purposes OF public streets, and not otherwise.
The regulation Of the streets IN every respect either as
hcles or the speed OF movement, are among the main
objects of the municipal government and conhded to
the Common Council as part OF Its legislative power,
to be used and exercised from time 10 time in such
they may deem necessary for the public
good The Legislature in the first act passed relative
to the construction OF railroads left 1t with the
Common Councils of cities TO grant or refuse they
might think proper franchises for that purpose, and If
granted such conditions as they might consider best
for the interest comfort and accommodation OF the
public In the city Of New York the companies that
and operate railroads under legislative charters
bound under them in the manner mentioned and pro-
vided 10 the original ordinance OF the Common Council
with the like power and subject to all the regulations
specified therein and by the latest act incorporating
city railroad lines il is expressly provided that the
ming OF shall be under the control of the Common
Council in order that the public convenience shall be
best served No doubt Mr. Whitney will assure the
Aldermen that they have full power to
dnance recurring seat to be furnished each passeure
admitted into the cars and 10 fix the fare at three
during certain hours OF the day just similar
practice is in force the Brooklyn ferries but still
the companies would be able TO nterpose legal diff
cuites not easily overcome. The grants made in 1851
and 1852 do not specify the manner OF enforcing the
I'll
their obligations aud in some acts OF the Legislature
incorporating companies certain restrictions
imposed on the action of the local authorities The
only efficient remedy, has often stated in the
HERALD lies with the Legislature and II is only in the
power that body extend the necessary relief the
iii used and long patient inhabitants OF this CITY, who
treated by corporations grown powerful and
wealthy by habitual disregard Of the law If their
rights entitled 70 little or no respect
KILL1ANs
The opinion prevails among members OF the Board Of
Aldermen that any measure that fails In covering the
n1tr fpaA
remedy the evil concerning which so much Just com
plant made Ii the law Is clear and positive that
any passenger who is not supplied with seat Is re-
lieved Of the necessity OF paying fare the difficulty is
met for IL is not likely that the companies will
carry people for nothing lnfractons OF the proposed
law Tor prevention OF overcrowding should be de-
carsd criminal ACKNOWLEDGEMENTS at once to be
brought trial and disposed OF by police magistrate
and IN cases Of conviction. punished by line i'm
prlsonmenL Presidents and supcrntendents OF roads,
with their drivers and conductors should be treated
the same as those who disregard the provisions OF the
excise other laws relating to the safety health or
morality OF the public at large This is the manner OF
doing business in European cities, and IS folly to say
that IL cannot be carried out in New York. Civil
remedies " only provided would prove fruit
less. IL would take months before final
decision would be reached in any particular
Therefore there is good reason for amendment TO Mr.
Kilan's bill make specific provision 10 the
courts in which offences under are TO be tried, and
the nature and extent Of tue penalties TO be inflicted.
IL considered that the opinion of the Counsel of the
Corporation will give much valuable information
which cannot fail 10 the obuse legislator
that companies bound by their charters put
on sufficient number of to furnish a
every passenger The only obstacle in this respect
the expense and the threat that II obliged TO do
reduction Of wages must follow.
THREATENED REDUCTION WAGES
The companies, having tailed to present any
able ground for continuing Their outrages on the rights
Of the public, have fallen back last resort the
pretence that II they Inhibited IRON packing their
cars the consequences will fall heavily and dsastrousy
upon conductors and drivers There Is no foundation
whatever Tor this allegation, unless, indeed, stock
holders insist upon realizing twenty per cent or more
as they do at present, their Investments The
companies are required by law to make sworn
returns OF their business operations, condition OF
roads, debts &c, annually The reports for the past
year, II Is understood have been forwarded TO Mr.
sweet State Engineer but seems they have not yet
been printed and are, therefore, not easy of
But a synopsis OF the THIRD avenue report has fallen
into the hands Of the writer, and from this IL will be
that the trash relative 70 threetenths Of cent
profit each fare being barely sufficient TO keep the
roads in operation and pay employees living wages Is
simply Intended TO blind and confuse The receipts of
h. cnInnanV rlNnn In tho official