The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-29
1ILBERT'S ATTACK.
Passengers from Harlem Via the
Pop Gun.
H ORR 0 r S BE 10 w
DR.. Hayes on the Joys OF
Lightning Speed.

time was occupied IN the discussion OF bill intro
duced early in tho session by Or. Isaac l. Hayes 10
change the name OF tho Beach Pneumatic Transit
Company the Broadway Underground Railway
Company, and to extend tho charter for five years
from the lst OF May, 1877. rho debate was
participated in by Messrs. Gilbert, Ecclcsinc.
Hayes Rockwell aud Spinoa, and as ihc
subject OF rapid transit generally was fully
gonc over the principal speeches given below.
spinola tho only ofthe speakers who came TO
the rescue OF Dr. Hayes, but there issues
raised IN his remarks. The franchise expires the
goth of month, that unless this bill Is passed
becomes vacated. Tho bill to-day progressed rs
Dr. Hayes afraid OF the sllmness OF tho
house numerically. TO move have IL ordered to It's
third reading.
REMARKS MR..
Mr. CHArRMAS-When this matter was under
sideraton before gave reasons why, in my judg-
ment this bill ought not to pass Tho first reason was
that underground railroad ought to be built under
Broadway. did not then undertake to say
whether it was feasible or wise TO build
under ground railroad; but did say that
under a great rational thoroughare might
gay. an underground railroad ought not to be
slructcd. Tho second that then stated
that " 1t ought be built this company should not be
entrusted with the work, ana II the members OF this
committee viii rccollcct some reasons which then
gave | think they viii be satisfied upon that point
When the blil passed in 1874. extending their
powers and more particularly tho time within winch
he work To be done, 1t required, Us
hen called your> attention to the iaci the
company to give bond tho OF
100000 that tho first section OF this
work, IRON Bowling Green up 10 Forty-sccond street.
should be constructed within three years from It's
passage. That bond was never givep ana when the
committee inquired why u was not gwen we were
gravcly informed that their attorney inioned tins
company That thcy were not Obliged 10 execute
Il; that there was no power to compel them
10 obey the law. Another thing. They were TO
complete this underground railroad rom Bow
ling Green up 10 Forty-sccond street within
three years from the passage Of INC act ana those
three VIII expire upon the 10th day OF May next
asked the gentlemen who appeared for the company,
III we were to-day in New York, what could you
show us that you have doncY "Wcll," he
said 1--WE wouldn't show you anything ut all,
absolutely nothing" Prior to that time,
10 \ be sure. there tunnel buill,
perhaps 80 feet under ground which, 1 am Informed,
Is now used for shooting gallery, but don't know
that IL Is 50. informed by Mr.. Ecclesinc, OF New
York. that 1t is used, for shooting gallery, and that
reminds me to call attention TO what the bill was tor
originally.
a matter OF gigantic Importance. 1t is pro-
posed put underground railroad under
The greatest thoroughtare upon all THIS Continent,
yet proposed TO shut oil debate after
The original object OF THIS company TO construct
sort oil ''popgun running through the CITY and un
der the river 10 Brooklyn and to Jersey City. This IS
I'VE ten minutes upon THIS proposition. have
should be put under broadway. have stated that in
my judgment, II II should be DONE II should not be
done ,n ~ this cmpnny now proceed sss TO
no right TO extend their powers. In my
judgment there is constitutional prohibition upon
TINS whole matter. Now the time within which this
company IS TO operate must expire the Goth day OF
May next ! VIII however 80 back TO my hrst proPo
siton as my time has been extended indefinitely, and
discuss that little moro deliberately, and in new
light
DANGERS THE USpERGRouSp ROAD.
have come OF the very best authorities that any
underground railroad constructed for miles under
great CITY is raught with great danger 10 health and
Ia. 4 Innn nd ola Int a.
here from DR.. Harris, Secretary OF tae American Ma
tional Medical Association upon that point, and may
say without exaggcration that he maintains
that an underground railroad running for niles under
great city, with lis sewage and tho natural drainage
passengers excluded from light; they excluded
from fresh AR, and what arr there is Is vtiated.
road IS not nearly SO long before coming V 10
an outlet, their attention Is being called to tins
matter OF health | VIII return now to the constltu-
tional argument Unless we pass this some similar
bill that company do nothing after the Goth day OF
May. think that will be conceded Now. the object
Of this bill Is To extend this charter They wish 10
this bill to extend life OF this charter hey the 10Th
day OF May. Now, my proposition is that that can oe
under the The that
'the Legislature shall pass private local bill
In any Of the following cases " One OF them Is THIS:
Granlng to any corporation association or indvid.
the right TO lay down railroad tracks" The lrst
question which conironts US here Is l. this private
local by II not, THIS does not apply.
CHARACTER OF THIS BiLI-
Hut | take 1t that there Is lawyer the loor
OF the House who will claim that this and
~
u confined TO particular uciity IL Is local bill
Second, III private bill IL is bill proposing to
confer upon corporation certain powers. Now, what
thescY Why, TO lay down a railroad track, notY
Well the constitution says that that cannot be done
One other provision The Legislature cannot grant to
any private corporation, association individual
exclusive privilege, immunity or franchise whatever.
Now, this bill proposes to confer upon this corporation
thc exclusive privilege OF laying railroad rack
under broadway Does any one say that there
may be more than one tunnel under Broadway?
Why u Is exclusive. IL Is an exclusive privilege 1t
A "A Ou 10 IA "a
they have q charter ~ e TODAY, aid was troubled
With this argument somewhat myself: but alter good
Zeal oil thought aud consideration have come 10 this
sonriuson;-ii tho Legislature does no.liing, this
company eau do nohing amer the 10th day 81
May what th'y want u 10 do IS TO give them power
10 operate after that time Wen now. then. We
not conierrIg upon them exclusive power - do some
lhingf IL makes no difference ~bcber that power
begins .ts operations ~ one day or ten days On tho
2Uth Of May or lilo -lst OF May We pro. TO confer
upon that company Tue cxcasve power 10 lay
a tack ~ that great city, under broadway.
Now. IN my Judgment that cannot be done without
violating the plain provision aud the complete spirt
OF tbs constitutional aud his ~ not art 81 the
siitutlon which went INTO operation twenty
thirty years ago which Ne have ouigfoNn aud
about ready 10 siuii OH We right against plain
provision VI the constitution enacted no Iongcr ago
Than November. 1874 We are going against The VIII
o tho people a. expressed 10 the organic iaw o. tho
Stale.
Mr. LAsonfN-no understand the gentleman to
say that The Legislature has no power extend the
charter OF this underground railroad companyy
Mr. GlLnsnr-l say precisely taat. say hat unless
tnin 40 hnhlus aitcf tAc 81
May Incy ask extend Their charter that tucy
may do something after the 2Jsh day g May, | say
that 10 granting 70 them what the constitution says
we cannot do
Mr.. LAsemrrS--whelher 10 the interval from now
until the zOtn Of May ibis company cannot lay GOWN
railroad tracks aud 70 on building their r0ady
Mr. GfLuiRr-Ilat o. a good QUESTION Jay yes;
not only that, but they must y tncy obey de law
under which they are acting. u ihty complete thcir
road before tho 1ilth day ~ May, 1871 from Bowling
Green TO F0rty.sccoId street. hnve nothing iavie
say except that would le great pabic csl4niiy.
III Inc seutIenan thinks that thcy complete
less than a month they have the power ~ DO IL
LINZ SHOOTING TmAOuUA FOfetN.
They propose 70 build an underground structure
running undcr BrosdwAy and under ne rye over inlo
New Jersey ana Brooklyn Hos ala tacy purpose
opcrnte ~ Why ny meaus q compressed Aii, Why
tncy would pat n4g lnlo thls tupAci and shoot hin
through under the city OF Ne~ iofk aa4 over mo
rrookiyu--a man staring from ll4fen ahf eettinS
into this long pvteun Mas - ~ 8.Vt tbfsnfh Nna
rome az Prospect ifAs ~ htm ANh.
- ave len or nftc.a uiaslst more - less and j -