The New York herald., 1877-09-16
RAPID TRANSIT.

THE ArrEMPr TO PREVENT RUNNING OF CABS
IN CONNECTION WITH THE ELEVATED RAIL
RoAD-coRPoRATIoN COUNSEL wHIrNEY's 8
OPINION.
When tho cabs commenced to run from The Grand
Central Depot in connection with tho Elevated Rail-
road the west sde Of the city attempt made
by some of the stage companies stop them on the
ground thar they had taken licenses accord
ance with Mayor Ely referred tho matter tho
Corporation Counsel, and yesterday that gentleman
sent In his opinion, which he sets forth the follow
Ing iacts:-
The ordinances OF the Common Council contain
many provisions in regard TO licensing stages or ac-
commotation coaches; the places which mpy
stand waiting tor hire; stages while tho stand or
moving troia part OF the stand to the other
stages while going or driving; the ACC
ana other general provisions Ia relation stages.
Moreover acts OF the Legislature, passed IN 1854 and
1885, contain provisions in regard TO the establishing
OF Stages ana omnibus routes In This city, and tho
formation oil companies to operate the same. Neither
said ordinances nor acts OF the Legislature contain
any definition OF what constitutes stage, accOmmo
datlon coach or Omnibus In said ordinances the
words "siage' and accommodation coach" used
ANONYMOUSLY. SYM and various provisions show
words TO describe vehicles which were TO be
regularly driven back and forth ceran prescribed
routes and which should not only receive all persons
desiring to be admitted each end oil the route but
should also set down and take up passengers whilo
passing the same Several OF the provisions which
declare that such stages and accom- mediation coaches
shall not oDstruct tho sidewalks while stopping 10 set
down and take UP passengers, and prescribe under
what conditions they may stop for that purpose by
sidewalks, IN front of hotels and private residences
could not positively apply TO any vehicles except those
and sct down passengers and other provisions plainly
relate TO vehicles OF this character.
CANNOT lie CONSIDERED STAGES.
appears from your letter that tho vehicles therein
referred to employed In conveying passengers from
tho Grand Central Depot TO tho depot OF the New YORK
Elevated Railroad. presume that such vehicles 40
not stop the way for any purpose and do not
how they can be regarded stages accommodation
coaches within the meaning OF tho ordinances OF tho
Common Council and the acts OF the Legislature With
regard 10 the acts OF the Legislature above referred TO
II Is apparent that the words ''stagcs and omni-
buses are employed In those acts with reference TO
tho same kind OF vehicles referred 10 in the
ordinance stages and odatiOn coaches, and
cannot, therefore bo considered 10 include vehicles
which carry passengers over particular route but do
not stop upon the way.
Moreover. there is another consideration which ap-
plies botn TO the ordinances and said acts Of tho Legs
lature which seems to me quite conclusive TO tho
matter IN question. As the words ''stagcs, "accon-
modatiOn coaches" aud 'omnbuscs" are used in such
ordinances and acts Of the Legislature without any de-
hniti0n OF what sort OF vehicles referred
words must, under familiar rule OF law regard
the Interpretation of ordinances and Statutes be re-
garded ms employed In the sense IN which they arc
ordinarily used aud understood and rs having recr-
once to those XII Dis Of vehicles which arc generally
called by and known under the names OF ''stages."
accommodation coaches" aud omn ibuses' ~ and IL is
quite certain that vehicles employed like those
terred TO IN your letter not usually called
81 s,ae.ea 70 De accommodation coaches, &
employ is concerned they more nearly resemble
tho large coaches which carry passengers between
hotels aud railroad dep0s than any other descript
OF vehicle used in this city, and l not that
1t has ever bccn claimed that the running of such
coaches constituted tho establishment OF stage or
omnibus route.
In my opinion II Is not necessary that the pro-
prietors OF the vehicles In question should obtain
vehicles may be lawfully employed In the manner
stated In your lctter ificensed as public cabs