New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-11-27
THE THIRD AVENUE MUST PAY.
JUDGMENT OF THE LOWER CoURTn ON THE
LICENSE FEE AFFIRMED.
CARS AS WE'LL AS FORMER STAGES LIABLE ~
THE CITY FOR THE $40 FEE UNDER AN
OLD ORDINANCE - DECISION OF
THE COURT OF AFTLALI5'
-. rn.nu ro rur rnInCNr.

THE COURT OF APPEALS.
IBY TELEGRAPH TO THE TKIBoNE.l
Albany Nov 26.-The Court of Appeals has uo.' 80,
that the Third Avenue Railroad Company 10 "
to the city OF New York for $40 car under INC o.
licensing ifs stages at that amount The COMPANY
has commended that IL was not One opinion, ap
pllcable TO the two cases involved in the SUIT y
vrltien by Judge Danforth, in which all conchf' i
is an inquiry as to the construction oil certain
tons passed by the NcwYork City Common Cou"
in 1852, which gave the Third Avenue ksliroau VIZ
pany permission to build its road under certain 0On
dltions The action was brought to enforce the pay
ment Of the consideration which, by their TERMS asi0
TO, the city claims to be entitled
The conditions above rferred TO provided that uo
railroad company shall pay annually from the da'e VI
the opening of the road the annual license Zee ior "a
car (now December, 1892 allowed by law, anu sn"
have licenses accordngly.' At that Tina an ordinance
entitled: OF stages and accommodation coaches,
passed In 1882 In force, ard required, among o''1
condt ons that license f'e of $50 annually be pau
into the city treasury for every accommodation ooa
or stage or stage coach when drawn by two hors s. l
Third Avenue road has operated its road with large
number Of passenger cars, drawn by two hos IS Onui
the ordinance nfered to the City of New1Orh mas "
covered verdict for license fees of $50, accoTuihs !"
the number OF cars within tbo last six years. lHo
courts below gavo judgment on the Veruict hoHii"e
that the application of the ordinance was as CON
natural Interpretation OF the ordinance clted' lH'
Court of Appeals concurs in this and says
The governing sense OF the resolutions giving the In
Avenue road It's charter IS obvious enough In cons"
Grafton OF franchise conferred the road shail pay
llo,e fee opening Of the road. annually ana IL -
TO nay fee not thereafter be imposed but already IN
posed and then existing The ordinance then In ioIco
contains everything necessary answer these conditions
and in reference the contention Of the defendant hA "
enumerates as its subjects STAGE " an accommodation
"a Lilo IN n
car" We must confess unable 70 see the force OF
the observation as in definition the words quotd arc
the same 1t plain that the modern ralroa1-car mas
been evolved from cid stagecoach The words quoei
can be said TO have legal or hAcd means OF dstguAs
inc one from the other the railroad superseded tho
stage line which had paid annually license fee 1eIei
To there was why the railroad should De Noreu
more than tho stage line and is another eN1dce tat Sc
city exp get from the railroad what 1t hal nc
received from The stage company. We think the 'ecs
mentioned I'm the ordinance within the intention OF
both pares as expressed the conditions referred TO- ana
concur with the court below that their payment may prop
erly be enforced
This decision Will enable tho city 10 enforce inc
immediate collection Of three judgments against the
comnany ngcrccatinc s1O7 ,os2 43. 1t also ostab-
fishes a prIncipe upon which an annual license ~
of $40 upon every by the company, can prov
ably bo collected for all time 10 come Inc !Iusihcl5 IA
mentioned cover the PERIOD rom lou ~ &c. % tns
total VIII not he far from S15OOOO JOhh i; tas-
sons who argued the for the company az Aiodu!
refused Yesterday talk about IL untu ne nah escn
Ibe decsion. Neither could ho say whether tac com,
pany would contest the payment OF licenses for cars
on the cable road in Harlem which wa, es'aosneu
since the period covered by the Judgments