New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-02-19
OPPOSING THE cABLE RAILWAY BILL.

,xu. c1a. NJ TELLS WHY 1T SHOULD NOT BECOME
LAw-soME or TIE OBJECTIONS URGED.
Mayor Grants protest against the passage Of what
is known as the Cable Railway bill was carried to
Albany yesterday for presentation to the Assembly
BY hts private secretary, Mr. Grain. Corporation
Counsel Beelunan also went to Albany last evening
for tho purpose urging the Mayors objections before
the Railroad Committee.
The Mayor in his protest calls attention to the fact
that the provisions OF the bill have been carefully
framed to meet all the objections Of the Court OF
Appeais 10 the New-Y0rk Cable Railway COmpany's
charter and also 10 eyade II possible the provisions
of section 1s Of Article III Of the State Constitution,
which forbids the passing Of private OF local bill
granting to a corporation association or individual
the right to lay down railroad tracks and requiring
the Legislature pass general laws for such purpose
The bill Is therefore, the less special legislation
because general In form. The Mayor considers the
bin further Objectionable because IT violates the policy
Of tho state relative the organization and operation
OF street surface railroads, and Says
The scheme Of the New-YoFk Cable Railway Company
Involves construction Of seventy miles OF railroad in
this city Of which seventeen miles arc 10 be elevated
aid nftythee miles the surface. Under 20 general
laws could road be constructed IL is the settled
policy OF the State that kinds Of railway con
structon different in me purposes they 70 serve
should constructed and operated by companies differ
entity organized and unGcr different limitations and obl
cations TO the public Tho blu In question sanctions
complete departure this policy the interests Of
single corporation, and for profit Of its stockholders
confirms It's grasp franchises Of value unat-
ainabe under law by any other corporate body in the
State.
The Mayer claims also that the bill Is contrary to
the spirit OF the law which requires such franchises
be sold at public auction TO the bidder who VIII give
the largest percentage Of gross earnings the city
The history Of tho Cable Company is given, and the
opinion Of Judge Daniels rendered the refusal Of
the General Term OF the Supreme Court to confirm the
Commissioners report Is largely quoted The Mayor
concludes thus: tfs
city with the Of securing rapid transit Or any otor
additional facilities street transportation aud the efeu'
mcnt which attempts 70 supply public reason Tor ls
legislation is therefore without support But there Is
further and sfaus objection thss n Should IL be,
come law owua prove fCfmdab,c obstacle % the for.
mutation and execution Of comprehensive scheme to rapid
transit for which there Is need IN this city and
which Is now receiving my best consideration.
The location OF the large naDber Of routes involved In
the Cable Conpapy's system through Of the most
n,oortant streets and thoroughbred IN this city would
be- urged as establishing Diefecntal claim BY that com
anv Tor their construction ana which would seriously
,6s n the dieultcs already attending the solution Of
this 1racult problem That II Il proposed 70 the
massage OF bill comforting these exEiaordnay and ex.
ccuttnal powers and ffanehises for ue benefit Of but
one CORPORATION proceeds upon such reckless disregard
a. tho dictates OF sound egsaye policy wel Of the
constitutional rights ~ The people az 70 Justify most
vigorous resstancn