New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-28

Ave millions that the route would cost would nece 70 90
any just ' s snScatioh Of thss sssas roads and tess
tnction Of the property Of others And have never
srncre msSs be- cheaper h sc gains
corporation that built and enjoyed the road ne
by destroying the frontage on the the extent
that would be destroyed on either OF these r9ams
the City Hall to Forty secondst would be- under the
Constitution OF this state that required
only one presented by Mr. Parsons in which concur
and in which there VIII DO found sufficient grounds Tor
reference to the general constitutional questions which
applicable that and presented by Judge
TSo question and of The Gilbert GeVaed
presented upon pretty firm lines for eGn s,ssaon
q time, must be excused from being drawn of into
pertinent and to the
propositions OF constitutional law and Of statutory con
srcton to which mean to appeal Let US not yield 20
impressive aS court should not expose Leg;
ns sns a% TSe
welcome duty. but having been sworn to uphold the Con-
Should f No doubt it Is nothing but quarreng with
the attempt to curb Legislation las tIo expsrgnce Vi
rg Of their acon under i on year
curbing closer and closer the domain Oh ,es snd
ys influence sRS wte p Oh those primary rsh
lesson TO the from the sovereign VIII OF ths people
See 10 that our Constitution Ii not yVs,ou e. 49,
that freedom to 1t that our rights that we Se
from the Legislature are maintained Dy lne
ep you ss the s Rsy
passed under which the Gilbert fieVateu ,i l,a
way GSpany gns Tas anu maintain an elevated
railroad to be operated by the plan known as the S
along streets avenues thoroughfares and places and
to construct maintain, and operate the same 10 o,nG
by for ns &c.
ervoirs and connecting tubes for the OF
ration thus created had no authority whatever to make
any other construction than is thus law and actually
@o essns w sh sSt have
aye power of that time was ever exerted IN tn avos
beyond the letter OF that authority Whon mat Law was
pending passage property might well look
at it ana whether it would invade their rights IN an
was consonant with the enjoyment OF their rights II
there was any probability OF Its becoming rsa real al
manner OF contempt on the Gilbert roa ,at
couldn't the property owners OF New-York treat win
this authority build this impossible structure IL re-
manned dead not dollar OF capital could be attracted
power IL had derived from the acts OF the Com
inssioners under the supposed authority OF TINS iaw
The books show the scheme OF the nrcn anu
the elevated tubular ways Now. what is there IN tuD-
lar ways aside from the air power II was the absolute
encroachment upon the privacy OF the ao n
the day and disturbing 1t all through the night
Now the question arises II this power thal you now
PROPOSE this right OF eminent DOMAIN 10 Gond.nn prop
1915 n this act il unconstitutional either in its author
y in mass US communicated anywhere 'eh na S ,g anu
thOrty to corporations tllat shOulu DO Sica sp
under because s sy Woa IN regard to the gen.
eral law, why these special corporations may Uo a.,
priyed Of the necessary support OF tms ray M an
do we find comes OF this law that IL said to be 80
t Glntra Is Mt G"' to convey s some author
ity the Commissioners TO be executed MS puDnc tst
and is IN the nature of general proposition to capital
nd emf Nothing
which is the route Of this Gilbert road there Deng
nothing but the and charter and no structure or
organization for structure then existing And what
elevated r0adf What but ton or twelve mics OF
rnilrOad on u route which they had no pletenton
IIIrr scheme OF connecting themselves with ferries
Wherever they could find ferry they could connect
themselves with and, having strip of railroad down
the western shore OF Manhattan Island, they have
track across the Battery and eastern shore to con
meet with the ferries that the East River Ohder
that clause all structure OF the Elevated Railroad
been authorized by these commissioners. and they
have other required them TO obtain
the consent the prOpertyo that route the
substituted authority from the supreme Court on the
lure But Eere Is The Gilbert road that by some man
ag.ne,t or other has obtained authority to make
road that not justified Ivy its charter and without the
consent property owners. No railroad brought
INTO existence by his Rapid Transit could attempt
tie first movement except by consent but the Gilbert
Company gets by netiod authority to do what it
had power 10 do before and the authority to do
what is against the prohibition Of the Constitution.
They say these reservations were under the
ton power. That Is power between the state
and corporation " repeal OK modify tne
ncHd 10 reserve a power to give more Franchises
In no degree has the public interest been followed in
the least the clauses in this act adhered 10. The laws
nf Tie commissioners made that only these TWO
railways could operate in the city. The Only resolution
that was passed by tn CRY Of New York
IN regard TO tlis matter pas cd the Board OF Adermsnn
Tat this board, on behalf OF the corporate authorities
oft Guy Of New YORK. hereby gives its consent to the
routes adopted contained in the report That is
utterly pOWcEess give the authority required There
Was no consent of the property owners OBTAINED. The
whole argument turns upon what general Law Is This
is not a general law. Franchises OF this nature,
as franchises iOr banks and other uses OF the
citizcus. has, time out OF mind, been special.
When the Constitution commenced it, dealing with the
enormous mischclS, injustice corruption, and robbery
that grew IT said This: There shall longer
he special law special adv antaecs 10 one man over
another in this State respect 10 the franchise.
In other words, 10 longer shOld tAero be franchise
OF grace and special enjoyment There has been
determination judiCaily that the use OF the surface
of streets tue authority OF the Legislature by horse
tive power AMI covered by tho original trust Al those
streets There Tee taken by the city except an ab-
su!uciy narard Zee 10 support me trust Iti covered
every inch IL To the sky. aud how WAS II paid fOri
Nhl that they shOEid be kept forever open streets ms
streets IN The city OF NcIOrh and Of right Ougt t.
au the and rotrac tue benefit, told there
was nothing real in that benefit. II this cncrcdch-
ment could be made after the lapse or years
it could have been made the day after the sire
take il 1t could he made TO the extent II IS now made
II can be- IN dc to the extent of building solid edcCs Tor
public use nay. ii could have been made 10y selling the
property, taxing the money and putting IL INTO tine
Treasury and allowing the propcrtyOnuers 10 laugh at
the closing of entrance 70 our aDuing properties
TIE ST LOUIS FIRE.