The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-04
GIVING Away A COSTLY FRANCHISE.
Action of the Aldermen in Regard
to a CrOsstown Line.
WHAT THE PRIVILEGE IS WORTH.
Property Owners Generally Opposed to
Another Surface Road

The unseemly haste with which the Board Of Al
dermen on Tuesday gave away for song very val
liable franchise to the Chambers Street Crosstown
Railroad Company was the theme of varied COM
ment yesterday among politicians and property
owners. The latter gave expression in vigorous
English to their opinion not only that property
along the proposed route would be greatly depre-
cated by the building of another surface road. but
that the city was being robbed OF franchise
worth q great deal than pittance
OF five per cent Of the gross receipts Of
the road The opinion also expressed by
gentlemen well informed regard to the legal
aspects of the case that tho Aldermen had exceeded
their jurisdiction in granting the franchise and that
their action Numerically opposed to the
amendment to the constitution passed in 1874 in
gard to the creation of surface railroads in the
State. 1t was also pointedly intimated that Job"
had been put up by the Aldermen who voted in
favor Of giving away the franchise and that they
were well paid for doing SO. The Aldermen who
voted for making present Of tho franchise to the
company Messrs. Burns. Carroll. Cavanagh.
Foster. George Hall. Haughton. Hyatt. Rob-
ert Hall. keenan,. Kenney. Herman. Shells.
Slevin, Stewart and Strack. OF this num-
Der. it should be remembered. seven will
Burns. Carroll. Cavsnagh. George Hail. Hyatt.
Herman and Stewart. Tho proposed route will COM
at the foot of Roosevelt street and thence
through South street. with double tracks. to James
slip thence through James slip with double tracks,
to New Chambers street, thence through New Cham
bers street. across Chatham street. with double
tracks. to Chambers street; thence through Cham
bers street. with single track, to West street;
thence through West street. with single track. to
Duane street; thence through Duane street, with u
single track, to connect with double tracks at
Chstham and New Chambers streets. The fare will
be i've cents.
LEGAL POINTS INVOLVED.
HERALD reporter called Corporation Counsel
Whitney, and asked him whether the action OF the
Aldermen in giving away such valuable franchise
for paltry sum legal. He replied that that
rather question of discretion than OF power. It
was possible that the Aldermen had made q bad bar
gain for the city. The reporter then asked whether
the Board Of Aldermen had not exceeded their jurs
diction.
matter in all its bearings. he replied. "but it does
follow that the road be built simply because
the Aldermen have voted to grant the franchise.
Moreover hero Is an extract from the constitutional
amendments Of 1874 under which this question
comes II the company was organized since that
time the action Of the Aldermen would be in conflict
with il. II the company had a charter prior to that
year the question Is at rased Does that charter
come under the amendments OF lS74Y Here Is the
amendment:-
law shall authsrsc tho construction operation
Of street rarosd except upon the &c that the
bounded on consent the local sushortss
having the control s Of shat portion Of street ..
upon such
the ns m q s
the . sa Si
determine. after hearing OF ali parties interested
taken in lieu Of tho consent of the property
Dorman B. Eaton said he had not looked into the
matter carefully; but. far az he concerned. he
had heard that the company had any old charter
and consequently they were amensole to the law Of
fore, be unconstitutional. He did not wish to
press any opinion at length. as he had had time
to make the inquiry necessary before pronouncing
judgment. but he thought the constitutional amend
ment would be o very great obstacle in the way of
'.rHE WHOLE THING A JoB''
Don't you think the franchise was sold very
cheaplyY'
that the whole thing was - job"
"Oug,t not such franchise to yield the city from
twenty to twenty-five per cent OF the gross receipts
81 should think it was worth at least that"
shocked at the idea Of any dob" being engineered
by them. Alderman Stewart said he voted to grant
the franchise because the road was public neces-
sity. and Alderman Strack voted for 1t. ~ it would
be, in his opinion, good road and cheap fare. II
the resolution had been referred to tho Railroad
Committee. he said. there little time remain
ing It must be carried lost before January 1.
Should the Mayor veto it. and should it
be passed over his veto. it was uncer-
Legislature at all. He did not know of any
"job" put through by the Aldermen. Alderman
Morris, who voted against the scheme, said the rob
bling of tho city OF valuable franchises ought be
stopped, and that II the city franchises had been
would cancel all the expenses Of the city govern
ment. He also stated that those interested in the
road claimed to have organized under the General
Railroad of 1850 but that articles Of assoca
ton had been fled in the County Clerks Office, nor
had there been any petition OF property owners
along the proposed route, as the constitution de-
manded without which it would be impossible to
build the road. Alderman Perley also objected to
virtually throwing away valuable franchises. but
would not say whether he thought . Job had been
put up.
Mort, Sheridan Shook. ex-Police Commissioner
Nichols and Daniel Conover were among those In
terested in the franchise. Mr. Shook said last
ing that II he incorporation he did not know
it, and that he had interest in the road. During
the last year Of Ex-Governor Dx's administration.
he continued, "a bill for road to go over just about
such u route as the one proposed by this company
passed by the Legislature but was vetoed by the
Governor sololy through tho opposition of A. I.
and I believe this is about the same.
IL not the same the route mentioned
in that bill. Now the Aldermen seem to think they
are authorized to grant this franchise themselves
It's simply question Ms to whether they have that
power. The company has been advised by counsel
that the Common Council can grant this franchise
whetherthis be done without the consent OF tho
property owners remains to be decided. Personally
am in favor OF it, think II Is needed to connect
the east side the city with the sidc and the
elevated roads,
PRICE OF THE YRANCHrsK
.what do you think OF the price of tho franchise?
''The franchise Is certainly very valuable ono
one OF tho most valuable in the city don't think
the Forty second Street Railroad franchise will
pare with it. The company could well AFFORD to pay
more than hvo per cent The matter will probably
10 into the courts anyway. any individual can
throw it in. l have thought that evon the Legsla-
ture could not grant such franchise unless gen.
eral railroad act was passed. don't know who are
interested In the road. Tho names OF the incorpo-
probably on fla NJ Albany with the Score
tary of STATE"
Cicorge NJ. Van Mort wished the reporter TO state
that he not Interested in tho road directly
indirectly In any way. shape or manner" He did
not know either who were interested in II. There
charter given to the company before 1874. he
thought and consequently the granting of the fran
chisc was unconstitutional II the consent OF prop
erty owness along the route had not bean obtaincd
The opinion Of property owners in Chambers
street is by means favorable to the building OF
the road. ii. X. Ihurber. the grocer. who has vau-
able property Chambers and Duane streets. said
.This is a very valuable franchise. and 1t ought to
bring In something to the city instead of being given
away. At least ten per cent OF tho gross receipts
should go to the city. 1t Is short line. and will