The New York herald., 1879-03-28
THE BROADWAY RAILROAD.
Arguments by Counsel in Favor
Of the Rival Projects.
OPPOSITION BY TAXPAYERS.
Have the Aldermen the Power to Grant
tha Franchise?

terday AFTERNOON. The many applications that nave
been made from time to time for the franchise
referred by the City Fathers to either the Street
Committee or the Committee on Railroads. 1t was
intended that both of these committees should meet
yesterday. but owing to some cause other only
the latter held All persons, however, ire
spective of the roads represented. invited to
speak. and so everybody obtained hearing
The first resolutions ON the subject of railroad
on Broadway were introduced by President Mott at
the request of a number of gentlemen. BY this
measure it proposed to give permission to John
Sloan Pierre Lorlard, Albert Galiatin Stevens, John
Berry, j. Lawrence Worth, Andrew " Stout, Law
renee Kip. William Jay, William Barton. John E.
Brooks and their associates and assigns to operate
railroad from the South ferry to Seventeenth street
and Broadway. One provision of the resolutions
permitted the incorporators to run their "to
and through Union square," Mr. Motifs reso-
utions were submitted at the meeting of the Board
held on February IS. At the next session Alderman
Morris noticing the fact that the proposed company
offered only to give as consideration Of the
grant five per cent of their gross receipts,
presented long series Of preambles and reso-
utions the subject. The fathers of Dir. Morris
measure August Belmont, William II. Appleton,
Heron A. johnson, George J. Forrest, Zachariah
Jaques sand their associates and assigns The OBJ
jectionable words Ito and through Union square
that appeared in President Motifs proposition were
stricken out by Alderman Morris, and in their place
were substituted 'to and around Union square,"
This company agreed to give five per cent of their
gross receipts to the city to keep the pavement be-
tween their tracks and two feet outside good re-
pair; to remove the snow the carriageway of
Broadway. between Bowling Green and Fourteenth
street, within hrtysx hours after each fall of snow
and to sweep and keep clean the thoroughfare.
Various penalties were imposed for noncompliance
with these conditions. Although President Motifs,
resolutions sent to tho Committee Rail-
roads Mr. Morris referred to the Street
Committee. On March 4 Mr.. Morris introduced
letter from Messrs. Belmont. Appleton. Johnson and
their associates. by which they offered to relay the
pavement on Broadway as to make the grade of
the street uniform. This also sent the Street
Committee.
The meeting of the Aldermen held on the 11th
inst. the scene of the introduction of no less
than four distinct and separate propositions in ref
erence to the proposed railway. Alderman Sauer
wanted the privilege given to the Broadway and
Seventh Avenue Railroad Company, because they
already occupied the upper part of Broadway; Alder
man Haughton introduced resolutions giving the
franchise to the Forty-second Street. Manhatsapve
and st. NtQoolas Avenue Railway Company. while
Mr.. John T. Haskin, in communication to the
Common Council wished to become possessed of
the franchise in behalf of himself and Messrs.
Robert B. Mooney, Washington Hadley, Jerome
Buck James O 'Brien, Theodore E. Tomlinson, Robert
L. Catherwood, James Phelan, George w.McLean.
Henry G. Lynch, Abram B. Tappen. Robert McGinnis,
Timothy Shea. Chauncey Schaffcr, Thomas Mcclellan.
Abel Crook, John b. Haskin, Jr., Frank 4. Roden-
berg. George A. Halsey, Ignatius Flynn Vanderbilt
Allen. Al. T. Ackert. Edward J: Creaner. John J.
Blair and their associates The first of these three
measures was sent to the Committee on Railroads,
the consideration of the other two being given to
the Committee oSStreets At the same session of
the Aldermen Mr.. Roberts submitted resolutions by
which the franchise to be put up at auction and
disposed of to the highest bidder. The Street Com
mittee took charge of them Alderman Morris. at
the last nesting held on Tuesday last also presented
resolutions on the subject He wished 70 have the
privilege given TO the highest bidder. His measure
also contained number Of stipulations and agree
ments TO be entered into by the successful bidder
franchise, which was published in the HERALD
time since, Is too well known to need any comment.
DISCUSSING THE VARIOUS PROJECTS.
The committee consists of Aldermen Il. Hail.
Jacobus AMI Roberts. The session was held in the
Aldermanic meeting chamber and the room was
well filled with persons interested in the different
projects before the Common Council Among those
present Messrs. John H. Strahan. Simeon f.
Church, John L. Haskin. Samuel b. Church. George
H. Moore John .B. Mooney. cx-Alderman Robert Nc
Cafferty and others.
Mr.. GEORGE H. Nehrba was the first speaker He
said that he against the construction of a rail-
road Broadway. aud represented in his opposition
the Central Taxpayers Association II was said that
a railroad was necessary but this argument, he
thought, could not be successfully uPneld. Why
should railroad be built on the only available
street for commercial purposes in this cityg II the
road was constructed il would ruin business, and
merchants would be compelled to move to other
quarters. II was stated that business had gone TO
the upper part OF the city; and whyg Because the
people had moved up town. They objected to the
privilege being granted
First-Because under the law power on the sub
ject is vested in the Common Council.
Sccond-Becausc the privilege of the charter which
authorizes the Aldermen to have control over the
streets of the city in the matter OF railroads. relates
only to existing railroads.
Thrd--That this power over existing railway
companies is limited to providing the rate of fare to
be charged the rate of speed to DO used in travelling
and other matters.
fouSfs-The Common Council has no power what
ever. either under the constitution or under the
charter. to authorize u railroad on broadway.
FtLh--Under law of 1854 1t is provided that the
common councils of cities shall not permit railroads
to be constructed i'm any street without the consent
OF majority of property owners in interest along
the proposed route.
MR.. HAskIS's vIEws.
Mr.. John Il. Haskin appeared on behalf OF the
proposition which he presented 10 the Aldermen
some time since. Mr.. Haskin said he took the
ground that the city of New York should have full
power and control all the franchises ia its gift
1t should operate railroad on broadway just the
same a. the authorities controlled tho Croton Aquc-
duct or the Central Park and other public works.
He gave history OF various efforts that had been
made from time to time by himself aud Others TO
have franchises disposed of with the greatest benefit
to tho people. The way privileges were given away
and had boen given away i'll the past was
shame. Ine city was SIMPLY 1ccuinB cormoraiitss
Mr.. Haskin then continued his remarks by claim
ing that ho and his associates wcro more entitled to
the privilege than either August Belmont or John
sloane. He not in favor of putting the franchise
up at auction, because who could bid against the son
of man who had accumulated over Sl0OO0O.000?
II the franchise given to him MIR. Haskinl he
would guarantee the completion of the road within
three months, and would pay into the city treasury
$1.00O0O0 ten days after tho franchise had been
awarded to him. IL the city did not like TO accept
this proposition then he would offer another one.
He would gvo to the city all the receipts of the road
except ten per cent which would be fair rate of in
tcrcst in these times The money would be paid
promptly, through the bankers. Eugene Kelly X Co.
Mr.. Haskin then went ON to give sketch of tho
different franchises enjoyed by the various railroad
companies In this city, He referred to the fact that
the Third Avenue Road recently declared dividend
OF thirtytwo per cent, and claimed that the monop
olists had for years past controlled the state
Legislature. In conclusion, Mr.. Haskin said that ho
would rather be u subject Of Queen Victoria and 1.-Two
in Canada than live under govern ncnt In which
monopolies ruled.
MR. srRAHtS's CLAIM.
Mr.. John ii. Strahan, who. In company with Mr..
J. W. Forshay, thc president Of the Broadway aud