The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-21
NO SEAT NO FARE.


THE CORPORATION coUSsEL's REMARKABLE 81
LEScR-powEn OF THE COMMON COUNCIL
OVER THE HORSE cARs--THE BILL BHTonE THE
LKGIsIATURE.
On the 9th OF February last the following resolution
was adopted by the Board OF Aldermen
Resolved, That the Counsel 10 the Corporation BE-
and he IL hereby respectfully requested to inform thus
Board his earliest convenience, how far, at all the
made between the city and the several city
railroad companies have been Affected by the operation
OF Stale laws whether It is not legally in the power OF
the city authorities compel such companies to pro-
vide for all they permit TO enter their cars
forfeit the right collect fares; ALSO II II Is NOT
within The power of the Common Council TO compel
such companies reduce fares from 1--WE TO three
from six eight A. N. and from i've 10 seven r
NJ each every day. tho interest Of the poorer
or working people who are compelled 10 r,de on such
in going thor work IN the morning and return
ing In the evening"
This resolution reached Mr. Whitney in tho ordinary
Official routine and al time when tho almost intoler
able system OF "overcrowding," which has since con-
tnucd, occupied large share OF public attention II
was them rs II IS now, an easy task TO furnish The
desired Information but the light that could haze been
thrown the subject February by tho very literally
paid legal adviser OF the Corporation would have accom-
plishcd much enable members Of tho Legislature 10
undcrsandnsly the bill introduced 5y Mr.. Kill
Ian, and which suspciousy stranglcd when
reported by the Assembly Committee on Railroads.
10 whom It referred
Mr.. Whitney, however up this date has not, a. he
is duty bound, yet responded 10 the resolution OF tho
Board OF Aldermen. though It is approaching three
months since u was passed but in the meantime Mr..
kilan has been In the city, and while here stated that
he in consultation with the Corporation Counsel
tho general subject Of the oppression endured BY the
community by the remorseess greed OF tho COM
panies. 1t was alter kan's exploit in allowing the
mo are'' measure to be killed that he made
this statement
few weeks since reporter OF the HERALD waited
on Mr. Whitney III order learn the cause why he
neglected 10 answer tho inquiry OF the Aldermen No
reason all OF satisfactory nature given by the
gentleman for his singular silence. He did, however.
say thu. he had FULLY examined the subject aud that
the only import matter he discovered that tho
Aldermen, according 10 decision Of the Court OF
Appeals had authority to collect license fees Tor the
tins point no Information was desired Tho Corpora
Counsel stated that he ready at any moment
furnish his opinion requested, and that " would
be sent in the meeting OF the Board he Jailed
10 keep his PROMISE aud as not yet very strange TO
The tact is according to the agreements between tho
city aud tho cur companies, the latter are bound
their vehicles often public convenience
may require, under such conditions a. the Common
Council may from lime " time, prescribe. The same
body entitled to establish the OF arcs
regulate other connected with operating the
roads. In agreements The Second, tho Third,
the sixth and the Eighth avenue lines IT is pro-
yided that they should. before permission
allowing them 10 lay down rolls took effect,
s'enter iuto good and sufficient agreement with
Mayor, Aldermen and Commonay OF New York, TO
be drawn up and approved OF by the Counsel 10 the
Corporation, bindng themselves abide BY and per-
form the stpuiAtons and PROVISIONS therein contained
also all other such regulations and ordinances
may be passed by the Common Council relating to the
city railroads." In every subsequent Of the Legls-
lature affecting car companies those conditions arc
confirmed IN specific terms, Mr. Whitney very well
knows and there Should therefore, be little difficulty
answering chow TAR II at all, the agreements made
between the CITY and tho several city railroad CON-
panics have been affected by the operation OF State
laws As to the power Of the Board OF Aldermen to
regulate fares, the following extract from opinion
OF predecessor point :'So far IN the lcgis
lavo wisdom OF tho Common Council u may be deemed
advisable tor the public good 10 prescribe regulations
either to the time OF departure the OF faro
the motive power IL Is entirely competent tor the
Common Council 10 do so. Such regulations would be
binding the railroad companies under the penalty of
being required 10 take and remove the rails and ut
any time the Common Council see III 7"
Had Mr.. Whitney made these fncts opinions
known In February last members OF the Legislature
existing between tho Corporation and tho railroad
panics- The Importance OF this matter could hardly
have boon unknown TO The Corporation Counsel That
gentleman, however instituted number OF actions for
the recovery OF delinquent license charges for running
cars when, according 10 his statement they could
not be recovered But the matter that now requires
explanation why resolution passed by the Board oil
Aldermen February has not yet been answered, aud
there the further consideration that sufficient tmc
remains before the adjournment or tho Legislature
procure the enactment OF measure abe
public Of the evil OF .'overcrowdng in The cara