The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-13
ONE CENT FERRIES.


HOW THE UNION FERRY COMPANY HAS SAVED
ONE HUNDRED AND FoRTY-SrNE THOUSAND
DOLLARS PER YEAR FOR SEVEN YEARS, AND
HOW THE SINKING FUND OF NEW YORK HAS
Lest THAT sUM-AN APPLICATION TO THE
SUPREME COURT.
In the Supreme Court, Special Term. yesterday be-
fore Judge Van voors the Of the Mayor. Alder
men ana Commonalty OF tho city 81 New York against
The Union Ferry Company. Of Brooklyn, was heard
Mr.. George Tcknor Curtis appeared for the plaintiffs
and Mr.. Benjamin d. Sullivan and Mr.. Charles NJ NIL
Ter for the defendants
The amended complaint OF tho plaintiffs sets forth
the following acs-That the city OF New York Ia the
owner of i've ferries between New York and Brooklyn,
Known Fulton ferry. the South ferry, the Ham,
ton avenue ferry. the Catherine ferry and the Wall
ferry and that the OF the Sink.
ing Fund OF New York had the power to collect
from these ferriea
WHAT yKARs
From the LIST OF May. 1861. TO May 1871 the aggrs-
gate OF these ferries, and paid the Sinking
Fund Commissioners, was $103.o0o per year. In Do
cember, 1869, the Union Ferry Company made appll-
cation for o renewal Of the ease for ten years from
May, 1871 In the letter Of the ste Mr.. Cyrus p.
Smith. the then managing director Of tho company,
Is stated that It was proposed to expend about
$3.50 900 in constructing ferry house, slips and
landing a. Fulton ferry, and that the company would
not be justified In expcndng such sum for the re-
maInder Of the lease The letter has also the follow
ing paragraph This company are not running these
ferries for the purpose OF making money. bong
strctod BY their articles OF association per
dividends, the surplus II any, to DO expended in the
improvement Of the ferres.n
WHY THE MADE NOMINAL.
The Commissioners Of the Sinking Fund referred tho
m To Mt A OAK Hall nd Rich
ard B. Connolly ITO make such equitable lease OF tho
Brooklyn ferries circumstances seem to justify"
These gentlemen, the nth OF January, 1870, reply
TO Mr. Smiths letter. and, after quoting the paragraph
given above as to the ferries not being for the
purpose OF making money, conclude as iollows:-.
ySa upon that a. she
cheap travel are entirely satisfied that the Terry
.nehss. in the hands OF the city authorities should be
efficiency and safety OF the ferry service We propose
and and amer
sa the @ for e foot
passengers TO cent aud make also reduction OF
We need mot remind The the
saying high vsSiss srsissss .svsrsy
truckmen indeed all who participate
the commercial traffic between great cities
On The 24tn Of January Mr.. smith replies to this let
ter and concludes as follows:-
ferries should be for public good and
portion the people whose Sans are iimted and In view
90 hs o e % es as
franchise We respectfully but cSnestly thet
Rs Hunt H Sn
s ssmp."y
The past 1.-THE present lease The amount
obtain their opinions in relation erriages
me
the s & Of re- With
sseh evidence before you cannot doubt Bu. that
and the public
10 the following Nav the Sinking Fund Commission
ers, Al meeting held on the 18th OF that month-at
which wero present tho Mayor, the Recorder Comp
troIer and Chambcrlan-passco tie following
uon:-
Resolved tho Of this csmnisson that In
Ign for renewal Of leases the
iii S the sn at "
o'clock both 10 the morning and the afternoon, the
every other hour Of the day
A SUIT in EQUITY
The city now seeks the cancellation or the delivery
mp OF lease. ground the leasing OF these
ferries at the nominal rent OF ST. a year was great
Injury 20 the city, nasmuch ms II deprived the sinking
York was incapable In law OF making lease or these
ferries at nominal rent and that the lease cloud
upon the title OF the Corporation 10 the property
and that II the Corporation in law capable OF max
Ing the lease, the Commissioners OF the Sinking Fund
had no lawful authority TO mako tho contract, in the
name and IN behalf OF the Corporation and that the
lease has been executed, and the Union Ferry Com
pany bold the premises by virtue thereof, the plain
equity. In the exercise OF its Jurisdiction order that
the lease be cancelled or delivered up.
Mr.: Miller moved TO dismiss the complaint OH tho
ground that there were not sufficient facts stated TO
justify OF action In support OF this WOW no
quoted number OF authorities aud also show that
there was no ground tor an equity case
GEORGE CURTIS
Mr.. Curtis in answering Mr.. Miller, said that among
all the acts Of the men who governed the city
eight years ago which IL mad been necessary subject
to judicial investigation the granting OF this lease
one oil the most nsgtous and dangerous account OF
It's bearing the sinking fund OF the CITY, He thcn
went into elaborate to show the right OF
The city 10 have the Court It's equity power
Tor tho cancellation of this lease, which ne said was
winding the city revenues at the OF $50, 900
year.
A DECISION REsERvED.
The Court took The papers and will render decision
shortly whether the complaint does sufficient
cause Of action, and II 1t should be decided III the
Affirmative the will proceed aud probably consider
sblc testimony will be offered.