The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-07


This bill proposes deprive him OF those constitu
tonal rights. and Il is done simply and solely
OF rapid transit, the Gilbert Elevated Railway, which
has designated route up Sixth avenue, and which
road. voted Tor tho particular specified In the
bill. but under the terms OF another bill, which de-
nounce here rs unconstitutional, they have obtained
the liberty without coming 10 tho Lessla.
ture Ir mn improper delegation OF power they
that any would be ashamed 10 have in the neigh
borhood OF his property II IS Tor the purpose OF put
here and they try to cry through TINS House on the
ground that u Is rapid transit IL is not 1t is the
has issued s2 100000 Of stock % build road that pas
cost So, 000 900.
REMARKS or MR.. HAYES
Mr.. HAYEs-I rise simply 10 supplement Whist tho
Chairman OF the Railroad COMMITTEES has justly and
truly said with regard 10 the damage done property
by the building Of road which am glad has been at
name, that to say, the Gilbert Elevated Railroad He
has taken tho words almost out OF my mouth In re-
spect the property that is DESTROYED by the building
OF this road, as has been said bv the gentleman from
TO this circumstances. There In the city Of
New York called Laurous street. II was widcned,
twenty-five feet side OF the street. thereby
widening u for tho purpose OF relieving Broadway
that street to-day 70 tho o." exclusion Of other
business, and the posts Of that railroad,
sso w tho value Jew to sash %
extent that there not house, hot one piece OF
property tho whole line Of tho road to-day which
destruction OF the property II through mighty
street. and there 1t absolutely fs up tho street neary
TO the caves OF the houses Then IL proposes to run
into Sixth avenue There It has met with opposition,
and inJuctions have been issued.
that this is provided Tor in the b but he says they
can go 10 the courts and get their remedy lawyer
himself ho knows no hoy long VIII TAKE INN 70 GET ms
It takey Meanwhile, whore does tho poor man who
has invested all his earnings and all his
savings in that property get his remedy What
| is to become Of hmY ! say that before that right
shall be invaded tho who the property shall
be paid for its destruction before they so Cd.
FINANCIAL STATUS OF THg ROAD
Another fact will state for the information OF the
House. That Gilbert Elevated Railroad cost $780, 900
mile. And what is that represented by One million
first mortgage bonds. one million second mort
SsS the cost Of tho building Of the road
and that which II represents in the interests and in
the pockets OF the people who promote the enterprise
OF So, 200 900 And when say IT is highway robbery
when say that every along the line Of that road
is utterly ruined point out the fact that hero are
So, 200 900 going-whcre? Out Of thor pockets and
into the han Is OF constituencies and dishonest and
dishonorabo corporation
SPEECH OF MR. FISH.
Mr.. FisH-Pcrhaps there is no one constituency rep
resented this floor which Is more interested IN the
subec. o. rapid transit WIN Inc exception o. mes.
represent outside OF the city OF New York, but am
unwilling tor my part, with my great desire to secure
rapid transit TO secure II by the provisions Of such
bill this II has not required on my part
tho discussion that has taken place on this
floor this morning and tho statements which have
been ably made by the chairman Of the Railroad
Committee and the gentlemen from New York, Mr.
Strahan, DR.. Hayes and Mr. Cozzans, to INFORM me
what was the import of this bill II Is simply the
OF corporation to enable to take private
property, to conascatc i absolutely without paying
Tor It, Now, hold, that should not, in our
cagerncss rapid transit be willing 10
destroy private property. This discussion was held
cidei then If private property was to be taken and
conscaed that these railroad corporations must pay
for it, and am glad to in this House that tho Rail-
road Committee have decided by large majority
report this bill adversely trust this House will sus
tho Committee OF the Whole. There is no for
IT, as my friend from New York. Mr. Cozzens, has said.
This Is bad bill and infamous bil and We should
SPEECH OF Mr. spryoLA.
Mr.. SpISoLA-ThIs question Is ono OF as much I'm
portance to New York any perhaps we shall be
called upon II is one sir. which affects directly
the rg4ts OF the citizens OF that city IL proposes
TO taKo away from a citizen constitutional pre-
rogalivc II proposes, as l gather IRON glancng
It, to cgaize what, In the language Of the bill,
is only called 'cooraoly"-a most peculiar
| word use in connection with the enact
ment OF q statute. Is this Legislature prepared
to divest citizen Of his constitutional rights
or Will you advance slowly and that their
taken Of the law provides they shall be?
part Of the Interior OF the State goes to the city Of New
| York TO locate and commence tho transaction Of
public business mo mas suE re, oapul 20 engage
/ around Tor suitable location. Hc purchases his
house in which he is to conduct his business; no in
IN that building protty much all his capital OK
cept such he requires for the transaction OF his
business He makes his purchase. He opens his
| business. IL goes on successfully for few years,
when. unoeknown to him, and without his
! authority or consent, and without his knowl-
act OF tho Legislature a corporation is created,
| and they what Is called rapid transit road
along the front OF his residence The erection Of that
very railroad gong along tho second story OF his build
ing and darkening his store and running hts business
prospects precisely parallel case TO That under
s.dcration. These men have bought their property,
paid the money 1t without any knowledge that any
such thing this TO take place, and without thor
consent or any intimaton beng given to them wo
flnd this Gilbert Elevated Railroad Company construct
ing their road through certain streets In that city, and
any gentleman on this floor will visit New YORK and
70 through Amity street and South Filth avenue no
viii at the great ana rrcparablc damage done
TO the property holder there He is cut of from his
rights and his privileges and prcrogaives invaded
by the Legislature without his consent knowledge
Now my friend from the Nineteenth has referred to
vested rights What vested rights have any Of these
THE PREVIOUS QUESTION.
On motion OF Mr.. ALvoaD the previous question was
The question then submitted on motion Of Mr.
Eccesinc.
REMARKS MR..
When the Of MIR. Corsa was called he asked to
be excused and spoke as iollows:-
am rapid the cit, Of New York. but
rights Believing that this BIZ. viii really do 80 mus
VOTE OF MIR. cozzASs.
Mr. Cozzans asked to be excused from voting and
spoke as follows:-.
consider that while favor Of any proper method
any that think improper As cosder his bill
improper as unusty discriminating against individual
In favor Of corporation must vote against
law, this corporaaioa has full power and has every
opportunity afforded 1t other railroad corporation
acquire any and particularly under the amend
last to the general law applying
nrlv 10 the streets of cities think this bill should
PASS and that report the committee should be
tanned. withdraw my request aud vote no.
VOTE OF MR.. ECcLEsiSE.
Mr. Ecccsinc asked 10 be excused from voting and
| spoke follows
lust contradict statements that have
| made here.
f1r-That this bill Is drawn in the interest Of
single corporation that the Gilbert Elevated Rairosd
IL by the counsel OF another company the Green
wich Elevated Railroad Company and personally do not
know man. from the President down 10 the porter
nectcd with the Gilbert Elevated Railroad do not Know
i one Of the incorporators
Another statement that has been made here to the
subdzing Of inside outside OF this House by
bonds stock do not cent OF the stock OF any
ay company bonds and do not expect
10 in the city OF New York or elsewhere With this brief
explanation withdraw my request and vote Aye