New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-05-18

THE ALDERMEN md SUHFdCE htiLhOHDS
In making the Mayor independent OF the
Aldermen in filing vacant Offices, the Legislature
deprived the latter of much of their power for
mischief But they retain control ever many
important public interests, and their capacity
for harm is still great. \ fresh illustration OF
that power is about to be given in the action OF
the Board on the applications for street railroad
franchises. Without radical changes in the
framework of laws governing this city, no
General Street Railroad act could have been
enacted that would meet the requirements OF
the constitution and at the same time deprive
the Aldermen of the right to pass upon street
railroad franchises. Hence in this important
matter the interests of the city are at the mercy
of the Aldermen The fear OF their betrayal OF
the lights of the people, in acting upon ques-
tons relating to the use of the public streets,
has been one of the principal reasons operating
at Albany to defeat, since 1879. legislation on
this subject. There appearing 10 be no way oil
getting around that difficulty, law was passed
this wear which Will enable the Aldermen to
Give the consent of the city for the use OF every
one Of its streets and avenues for horse rail
roads. The Mayor can veto the resolutions that
NAV be passed on this subject, but the Alder
men have settled habit of overriding veto
on all such questions Thus Board, the
majority of whose members probably do not
Day a single dollar in taxes will nave the right
to give away to private corporations public
franchises worth millions of dollars; and may
at the same time greatly depreclate IN value the
proDerty of large taxpayers. 1t stands to rea-
son that such a system il wrong
The law, however, does not place 1t entirely
- 4 ra.af
railroad franchises. Before any road can be
constructed the consent must be obtained in
writing of the owners OF Onc-half in value ot
the property bounded on the street. But there
is a curious provision in the law which says that
" the consent of the local authorities 1.-THE
Board OF Aldermen " shall operate rs the CON
sent of such city, as the owners Of any property
| " that such railroad may be constructed upon any
street by which such property is bounded 1t
is further provided that in determining the
value of one-h half the property bounded on any
street the value of the city property shall be
ascertained and determined by allowing there
" for the same price or value as Is shown to be
the value of the equivalent in size and frontage
of any adjacent property on The same street.
If this means anything it means that city prop
erty is to be accounted the same us other
property in making up One-half III value OF the
nroperty fronting on any street to be used Tor
street railroad purposes. This may be shown
by the applications now before the Aldermen
for franchises to construct surface roads on
Fifth-ave. and Broadway. One company pro
poses to build road Oh FIfth-aYe., from Wash
ington Square to the Harlem River. If the
Aldermen giant this franchise it is proposed in
a., e holt Ina v
TO take in "a part Of Washington Square, the
whole of Union, Madison, and Reservoir Squares
and Central Park If that construction of the
law holds good the Aldermen wall have the
right to give over that street to private cor
pOraton But it is doubtful if snch constitute
ton will agree with the constitution. which
provides that the con >ent NUT be obtained OF
" the owners of one halt IN value of he property
| bounded on, and the consent also of the local
authorities having control of street" The
| question will be one of great interest 10 people
| living on Fifth-ave.
Already there are eight corporations seeking
| franchises under the new law. They propose to
| construct forty miles of surface railroads.
| Three different corporations are asking for
the use of Broadway. The Underground Railway
| Company, now that the Arcade scheme has
fallen through, proposes also TO buildrhe tunnel
road under Broadway, for which ID has long
held charter. The Cable Railway Company
| still claims q legal existence, notwithstanding
the repeal of the Rapid Transit Act. Many of
these schemes must fall through. AZ IL is not
| likely that the consent OF enough property
owners can be- secured, or in leu thereof the
| consent of the General Term of the Supreme
| Court. But no reliance can be placed on the
Aldermen They have the sole power to liz
the terms of franchise. They can say
whether or not a charter for which a million
dollars can DO obtained shall be- given away or
| put up at auction. II that Board performs Its
| duty no street railroad will be allowed on