The New York herald., 1879-12-17

sriA-That said company shall supply all apparatus pat
their sstem to the city ~ rases ten per
lower than 70 other consumers
a. ALDERMANIc COMMENTS
Alderman Roberts spoke against the granting Of
such privilege without proper compensation being
exacted by the city He also alluded to the fact that
last year authority bad been given to the Sinking
Fund Commissioners to permit the Holly Company
lay MAINS but nothing had yet been doneno tcsts
had been made AZ to the feasibility Of the plan.
Several amendments were offered by Messrs. Roberts
and Morris which would tend to reimburse the city
more proftaby for the granting of such q valuable
franchise. but they were all voted down. The most
important was presented by Mr.. Roberts. It pro-
vided that the Prall Company should annually pay
the city treasury ve per cent of their gross
ceipts. This also defeated. The vote on the
final passage Of the resolution was as follows:-
YKAs-Messrs Burns Carroll Csvansgh Foster. George
Hall. Robert Hall hassh.on s Hyatt Kssnan Ksnney.
NAYs-Messrs Jacobus, Norris, Perley and Roberta
THE FoRrY-sKcoND STREET RAILROAD.
Tho next report taken up related to the Forty
second Street, Manhattanville and St. Nicholas Ave-
nue. Rsilroad. The Railroad Committee which con-
sists OF Messrs. Robert Hall. Roberts and Jacobus
~ sns os '1s 70
their road. When the document was read to the
surprise OF everybody present Alderman Robert
judgment, expressed in the report. and made o
speeoh favoring the extension. Aldermen Roberts
alleging tnst it was an outrage to spoil SO ane
. boulevard by the erection Of . rsilroad 1t would
destroy msgnihcent drive. Alderman ssuer called
opposition to the railroad when the proposition
discussed before the Board last year. Alderman
DON'T own q horse car or rail-. II He then offered
an amendment compelling the company to pay three
per cent on their gross receipts for the hrst i've
years and ive per cent afterward
This proposition adopted. and tho resolution
passed by the following vote:-
ysAs-Messrs Burns. Carroll: cavanagh. Finck. Fostsr
Hall Robert Hall. HauRht0n. Hyatt Keenan,.
Kenney. Herman, Ssusr Shells, Sievn, Stewart and
Nsas-Mss.ra Jseobus. xorris Perlsy aud Roberts,
THE cHAMBKns STREET RAILROAD.
The Mayor sent in the following veto OF the Cham.
bers Street Railroad resolution:-
To rmx HoxoRABLE BoARD ALprRxEs:-
s my
.s % %
freight through certain streets The Counsel TO the Cor
saihoiy TO .hi. re,eiusicp Itr.n.mi. herewith
% n " .a ss
make the the should not opinion be
ss s s.ss s
ss r ~ 'fs p :ss
fr.psh.es are d;posod OF by ,ho Of .ss
can comp with proper conditions should not have an
f.. city, OF .c cSoPE be
WHAT THE CORPORATION COUNSEL sAYs.
The opinion OF the Corporation Counsel contains
statement OF the various general and special stat
utes affecting this important subject. In 1882. it
seems. the Common Council OF this city adopted
resolution autnoriziSg the construction OF railroad
South ferry to Ffty-ninth street, aud thence along
the Bloomingiaie Road to Manhattanvile. The
litigation in which OF the abest counsel in the
city were engaged. 1t was finally decided by the
Court OF Appeals in 1856. that the Common Council
could authorize the construction of railroad in
the streets of this city, and that the resolution
question was invalid. While this litigation was
pending an act passed BY the Legislature, in
1854, which contained among other things the fol-
lowing provision:-
The Council Of the several cities of this State
the streets o. avenues OF said Sly railroad for tho
in said city without the consent thereto of majority in
% S d npsn & N
which such street avenue located to grant authority
TO and establish such railroad upon such terms.
Common Council may see ht to prescribe
This act by its terms. says Mr. whitney. related to
particular city of the State. In 1860. however the
LEGISLATURE passed another Law relative to railroads
in the city OF New York; That statute contained
among other things the following provision -
1t shall be lawful hereafter lay constuct op.
crate amy railroad In upon along either OF the
OF tho city ot Nov York, wherever
such railroad may eommenee end except under the
S%c the Issssare may hereafter gran. and provide
DECISION OF THE SUPREME COURT.
In 1864 the Common Council adopted resolution
authorizing the Third Avenue. Railroad Company,
which incorporated under the general railroad
acts to extend their tracks through sixty-sxth or
Seventeth street to the east side Of Fifth avenue.
and from Third avenue through Thrty-fourth
street to the East River and to extend their road
through certain other streets. In action brought
by the Attorney General behalf Of the people to
restrain the company from extending its road as
provided for in this resolution, IL was held by the
General Term Of the supreme Court in this district
that the Common Council were prohibited by tho
act of 1860 from passing such resolution.
This act has never been repealed. and since its
passage the Common Council has not had the power
to authorize any corporation whether incorporated
under the General Railroad law otherwise, to con-
atrucs or extend railroad tracks in this city During
the period from 1850 to January 1. 1875, the power
to authorize the construction OF railroad tracks in
this city undoubtedly possessed by the Legisla
ture. and was frequently exercised by It. by
stitutiona amendment. however, which took effect
January l. 1878. the almost unlimited power which
the Legislature previously possessed in regard to
authorizing the granting OF railroad franchises was
greatly restricted. That amendment provides ~ fol-
lows:--
No law shall authorize the construction operation
OF street railroad except upon the condition that the
of the OF half In vaue Of the
and the also of the local
having the control OF that portion OF street highway
which IL s proposed construct operate such
~ al. -