New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-09-02
RESTRAINING THE ALDERMEN.
EFFORTS MAKING TO SAVE BROADWAY.
HOW MIR. GRANT WOULD HAVE voTED-PRErAnA-

the franchise for railroad on Broadway 10 the Broadway
Surface Railroad Company. A soon "a the Board h'u
been called to order by President Kirk, Mr. Grant asked
leave to be recorded In the negative on the vote by VIM
the franchise was granted 10 the Broadway Surface Ran
road Company lie said that he nd rec wed 10 notice
OF the meeting. Had he Oech present he "oui" NV
voted in tie negative.
Mr.. McLoughlin-IIad been present would have
'fbr r XXI was not present hui hold that the
Board has ght to hold spe Ia meeting, such ~ ms
un or discussion favored ant ,oab ~ nI n, ~,
vo;ed for the resolution wmc1 was passed -, I'D
Mr.; Grlnl Al tie m eod ~ m, Ie mcetny.
| ana several others did not receive notices
in time to attend / believe franchises o. this knd
shoud be put up al auction and sold tothe highest bidder
for the benefit Of the city wish to be recorded III Inc
negative on the vote taken on Saturday.
MrO'Nc-A great deal has been aid about large sums
beng offered for franchise giving the rgt 20 construct
railroad In Broadway. Have Won. Mr. Prehd MT, over
received fcia that 81 100000 would he pal TOY
such franchise The Chairman OF the Railroad TOM
mittee 81 tbs Board IA mere. has ne ever reecN'u '"
heard of an offer OF this kind
Mr. Mclaughlin chairman of the Railroad COnnttee
No offer OF the kind has made Jar "a am awar'
Mr. stewart several years ago offered Sl,OOO'oOp' No
offer OF the Kind has been made since
Mr. O'Nel-Ths Is sinply contest between rival cor
poratons
IL
agreed that it should be rccor ed IN me
minutes that Alderman Cir mt was oppo ell
10 granting frlnch 10 tho Broadway Surface Rail-
road.
President Kirk then announced that he had been
served by lawyer /. +. Chttendon with an Injunction
issucd by Justice DOn0hue II the supreme court TO-
sraning himself and assocats from proceeding further
I'm the Broadway Surface Raro nj matter. He ada d
that this was tie assn nption tat the no re
ings Of the Board on Saturday i'gl. The imunc-
lion was found to much { same gro ma as e
former cne II sct forth that, the AN iavit OF L. E
Chittrndon and H. II. Cht"ndcn the NJ omen were
about o ga or finance and resolution consentnS "
the l,tructiou and maiue1apcc ~ surface IA roid
through Broadway by the Broadway surface k'iiio'u
Company without giving any proper hearing Z" the per
son, oppos d t. such road, AM without OH ring inc
Franchise for sale puoc auctpn and without any pay
mcnt or compensation the city and wi hOut feserynS
any control over the construc ion or operation
of the railroad or over tho fares, in vol ton
O. the duty of the defendants "a trce' OF tn iran
ces and property OF the city, AID TO tho injury OF the
plaintiffs and other taxpayers % the city The deiend-
anti therefore, ordered to sho caus, n-xt Monday
before supreme Court jude, why tie HuuuNlou
should not combine
Nj Jaehne moved that the mat be referred to tho
Corpora ion Counsel. ami thi' wa agreed TO.
A communication was received from the Mayor, for
wlrdng rtln letters which had been received by him
from persons interested in the consuc ion OF railroad
!
directors OF the New-York cable Company oferins
- OOO 900 for the franchise to construct raj road In
Broadway. Mr. Jaehn' moved that thy 0e returned 70
the Mayor Several OF the members dccl int "the
Mayor was cndaayOing to put them In hoe by attempt
i-g TO SHOW thlt Sl,0OOOOO was now offered ior
franchise to cons ruct railroad I'm BroIdway' Finally
the mater was referred to the Railroad Comm T
t.e. with Instructions to report at the next meet
irg These cOmmucat On5 wcr' re 'eiycd ny tho
Nlyor M . p m. on Friday and The meeting of the
Aldermen on saturday unknown to him until it was
over. and the board adjourned.
WAS SATURDAYS ACTION ILLrGALf
MAYOR Bison said 30 terdav 10 a reporter o. THE
rprr,r that hi4 Information correct there
pp d,'t I'm hrs mind tia the action ~ the Aldermen on
saturday. was clearly Illegal 10 uudors God That tho
notices tho stu Aldermen who were abse Il frem the
apcni meeting sent ar at ALI at such time that
would II W boon impossible for ths notices 10 rcah
thc i'm sras &, attcnd the meeting, will no notice to
"a tend the meeting was Hcnt ~ to con roller or ~
TO hoeIa ~ iha dcpar.tuc 40 IA CURED by tho
charter. Ite haI nsbcd to Corporation Counao
to rvo HIM wrlton opinion ON mo ma t.t'
rat official had uuollcny .uto hmaot ~ ~ mo
opinion that tno noion ~ hr Aldermen wH Illegal II Tho
N.tuta in ptnapuu v,tr correct
Corporation Coun.ol ~ omhe Hnli that ho hal clrnr
ou on the mat err, bat ptr onrl ~ at, nHt1nf nhl
be- 4nye lla onlrl opinion lo thc Mayor
ttuiu rnnes !. ftouncy crf, ~ the Ald'fm n,
amid ianIto-s Tor lho slrotu meeting were nnl in
Hoard met N0uo ire7 were sont 10 the CONTROLLER or
nciaa NJ the department. htca1c they aclom neYdol
the mceiug4 of the Board. The Chror
of Ia pres Rios that tle Con roller aul
heads ~ departments sha be entitled
40 seats in the Board aud rcr.yo notices Of its meet
ngs They had attended the moeti ga Of he Board
ami the custom " 4cndng notices to them had fallen into
dlsuse.
I. T.. Chttcrdon said
tmolntan That The prorccling'ot tho 'pccnl meeting
~ the ioarI ~ Aldermen he'll on % urtl iv tuid
patty bccaua" the poviai n4 OF tho iilp g acrtou 81
The Guns 'lidui 90 Act we've i'i COMPLIED wlth a
quorum The runiri'oi tho lunma'innnr n Public
Wo.ba tho corporation Counsel, and The praicnt ~
and tp notice uf s mrotnsa ND Ha haya tho flRht tn
participate g. iis lacussio0a nat In nowi7 shan ho o'n
tIrtui ~ mrmhtta ~ tho nnlid and shall not have Tho
h ~ u'i,r If his s,r,,i meeting III, fr trn IN
connection with uthoi facts VIII u u not rifr ~ mem
wboi' rrolesdng waA void hny,, thore "r" "roisht
au action IN bch,it OF ny ieut-, Edwad NJ kno,, no
halter lioraco X. IA rbor, VI inc nun or u.
uf tho Dyckmmi e-tttr, and H. ,.hman Combs,
President OF the Exchange Insurance company,
al OF whom ae thplyers' O." reara the oart Of Al
Geucu from taking any further scps IA the prrnses,
and from eaLlng IA any manner that void proceeding.
suall claim Thai the whole thlhs Nonl uo sci aside ia
the first pla because There was yer any proper hear
ing on ne aHlcau n Tor me hr3adwhy franchise as Is
required by tie Surface lulIoah T. passed. March q,
1854; In the second place, 6ecansr the Aldermen under
took 10 make grant without any vatIon the
right q control the r'ad o. $ operation; and. IN Iho
third acr because II any gram IL made IL ought to
Gl.
The Board Aldermen trI.tces Of property of
lie NV and their conduct in relation franchise |.
viola ion of trust, VIII ch makes them able I'm dam
ayes 10 the city and renders their VOID This a
sat forth I'm the provision. OF the Con ,od,tion act
| shall probably make Bro idway surface Klllr oad
Company party tie action On The ground NAT The
whole proceeding amOu o to conspiracy To defraud
the city and they are parties TO H.
Az OUTRAGE AGAINST THE CITY.
Lawson y. Fuller sadi
my opinion is that the action 81 the Board OF Alder
men n granting the frach To. he Broadway Surface
Railroad Company "A peri OF outrage against the
city and the taxpayers II Is not so much the vaue Of The
f,aDch re thai was given away, tat consider AS tho
fact al bcf re hing II much importance WAS
gwen 10 the railroad company tho Aldermen mu!e 10
conditions that the corp 'rdtlOn receiving II
should carry passengers frOm the Battery to Kings
r zee and on The lateral 70 ds east ami west for II,
f,ff. sf,. q.